Report 2013-2014

Northern Land Council ANNUAL REPORT 2013-2014

Our Land, Our Sea, Our Life The Northern Land Council: Our Land, Our Sea, Our Life

Northern Land Council Annual Report 2013-14

2 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Our Vision: A Territory in which the land rights of traditional owners are legally recognised, and Aboriginal people benefit economically, socially and culturally from the secure possession of our lands and seas. Our Values: Our values are informed by the values of the Aboriginal people of our region and are consistent with Commonwealth standards.

Our Objective: To achieve enhanced social, political and economic participation and equity for Aboriginal people through the promotion, protection and advancements of our land rights, other rights and interests.

Northern Land Council Annual Report 2013-2014 3 The Northern Land Council: Our Land, Our Sea, Our Life

Measuring Our Performance

Outcomes Framework Strategic Plan

The Northern Land Council The NLC engaged consultants The new plan will build (NLC), along with the other OTS Management to undertake upon the achievements Northern Territory (NT) strategic planning workshops and describes its goals and land councils, has adopted with the Full Council during vision for the future. The a consistent approach to 2011- 2012. The Full Council plan provides the framework measuring and reporting on provided direction to hold for the continuing strategic performance. This reporting separate workshops with management of the NLC and approach assists stakeholders each of the seven Regional reflects the outcomes and to benchmark the NLC’s Councils; this resulted in outputs framework agreed performance and to gain an Executive Summary. The with the Minister. an understanding of the draft strategic plan now Throughout the life of the plan, similarities and differences requires further editing and the NLC intends to deliver its between the Land Councils. consultation with staff. It is services by focusing on the key anticipated that an updated The NLC is working to achieve result areas of providing high version will be completed and enhanced social, political quality professional advice, presented to a Full Council and economic participation based on strong relationships Meeting in December 2014 and equity for Aboriginal with our clients, using highly for endorsement. people in its jurisdiction as skilled people and strategic a result of the promotion, Throughout this financial partnerships. protection and advancements reporting year, apart from The NLC’s strategic plan can be of our land rights, other rights our core legislative provisions downloaded from the website at and interests. the 2007-2011 Strategic Plan www.nlc.org.au. remains the guiding document that set out our organisation’s principal objectives.

ISSN 1030-522X

With the exception of the Commonwealth Coat of Arms Cover image: Caroline Dhamarrandji paints the NLC and where otherwise noted, all material presented in this water serpent logo in readiness for a protest against document, the Northern Land Council Annual Report Northern Territory Government’s (NTG) water allocation 2013-2014, is provided under a Creative Commons plans, Katherine May 2014 (see page 24). Licence. The details of the relevant licence conditions are available on the Creative Commons website at creativecommons.org/licenses/by/3.0/au/legalcode and creativecommons.org/licenses/by/3.0/au/

4 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Corporate Plan

The NLC’s Corporate Plan » How we will measure our The planning framework that describes how, in discharging performance, and NLC reports on has been its responsibilities under the » The factors that are critical accepted as best practice Aboriginal Land Rights (Northern to our success and useful in satisfying Territory) Act 1976 (ALRA), Native performance audits of the Title Act 1993 (NTA) and other To assist with the NLC. The NLC acknowledges relevant legislation, the NLC implementation of the that policies and procedures will set priorities, manage Strategic and Corporate should be reviewed in line resources and achieve results Plans the NLC has developed with strategic directions of for the traditional Aboriginal an integrated planning and the organisation. owners and affected Aboriginal performance framework. people within our region. The framework ensures that The Corporate Plan describes: the strategic directions and » Who we are performance requirements outlined in its Strategic and » What we do Corporate plans cascade » Our vision into the lower level Output » Our values Group and Program plans. » Our operating environment All subsidiary plans now have direct links with the Strategic » Our Outcomes and Plan and provide progressively Key Result Areas increasing levels of detail » Our Key Priorities on the implementation of and Programmes strategies and actions across the NLC’s output areas. Below: Children at 2013 Garma Festival at Gulkula, north east Arnhem Land. Photograph, Yothu Yindi Foundation

Northern Land Council Annual Report 2013-2014 5 The Northern Land Council: Our Land, Our Sea, Our Life

Contents

Measuring Our Performance 4 Strategic Plan Outcomes Framework 4 Strategic Plan 4 Shaping the NLC Region’s Future 29 Corporate Plan 5 Caring for Country and Natural Resources 29 About This Report 10 Land Claims and Acquisition Support Services 29 Fast Facts 12 Economic Development and Commercial Services 29 The Northern Land Council: Advocacy Services 30 Our Land, Our Sea, Our Life 14 Administration and Support Services 31 History 14 Our Region and its constituents 15 The Year Ahead 32 Enhanced social, political and economic Development Prospectus 32 participation 16 Community Development Program 32 Ord 3 Expansion 33 A Word From Our Chairman 17 Water Allocation Plans 33 A Word From Our Chief Executive Officer 19 Employment 33 McArthur River Mine 34 Blue Mud Bay 34 The Year in Review Administration 35 Highlights 23 40th Anniversary of ALRA 35

New CEO 23 Council Information Native Title Consent Determinations 23 Regional Map 38 Muckaty 24 Water 24 Our Council 39 Development Approvals 24 Our Executive Council Members 40 Summary of Financial Performance 25 Katherine Region 40 External Funding 25 Darwin/Daly/Wagait Region 40 Challenges 25 Borroloola/Barkly Region 40 East Arnhem Region 41 The Year at a Glance 26 Darwin/Daly/Wagait Region 41 Commonwealth Authorities (Annual West Arnhem Region 41 Reporting) Orders 2011 Compliance 27 Ngukurr 42 Report of Operations 27 Victoria River District 42 Fees 27 Katherine Region 42 Significant events 27 Key Changes 27 Amendments to Enabling Legislation 27 External Scrutiny 27

6 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Our Full Council Members 44 Land Claims and Acquisitions Support Services Council Meetings 46 Full Council 46 Land Claims 79 Executive Council Meetings 48 Support Services 80 Regional Council Meetings 49 A Selection of Anthropology Region Profiles 83 Our People Organisation Administration 51 Native Title Report About The Native Title Act 90 Organisational Structure 52 Native Title Quick Facts 91

Branch Overview 53 Native Title Determination Applications 91 Anthropology 53 Native Title Applications Statistics 2013-14 91 Corporate Services 53 Update on Continuing Claims Work 92 Minerals and Energy 53 The NLC’s native title pastoral consent Caring for Country 53 determination process 92 Regional Development 53 Legal 54 Staff Perspective 96 Secretariat 54 Kylie Burn 96 Management of Human Resources 54 Nomination of a Prescribed Body Corporate 97 Safe Work Environment 55 Compensation Applications 98 Performance Notifications 98 Future Act Notices 98 Permits 59 Agreement Making 98 Indigenous Pastoral Program 2013 – 2014 60 Land and Sea Management Other Functions 99 Staff Training and Natural Resources and Development 99 Caring for Country 63 Aurora Internships 100 Working in Partnerships 63 Achievements 66 Economic Development and Increasing efficiency of land Commercial Services management in the Arafura Swamp 70 Land Use Agreements 103 ILC Groups 72 Commercial Development 105 Parks and Reserves 73 Joint Management 73 Regional Office Network 106 Kenbi Rangers Marine Mammal Achievements 107 Monitoring – Bynoe Harbour – March 2014 77 Challenges 107

Northern Land Council Annual Report 2013-2014 7 The Northern Land Council: Our Land, Our Sea, Our Life

Employment, Education and Training 108 NLC Financial Report Territory Iron – Frances Creek Project 109 Glossary of Terms 226

Mining (Includes Energy and Resources Compliance Index 228 Exploration) 110 Tables Advocacy Services Public Awareness and Education 126 Table 1: Financial Performance over Five Years 26 Funeral and Ceremonial Fund 127 Cultural and Heritage Support 128 Table 2: Formal Advice on Traditional ownership 128 Executive Council Meeting dates LIR Database Report 130 and attendance record during 2013-14 48 GIS Section 132 Table 3: Other Projects 132 Regional Council Meeting dates Sea Rights 133 and venue during 2013-14 49 Table 4: Distribution of Aboriginal living areas Administration and Support Services across NLC anthropology regions 80 Distributions 135 Table 5: Administering Aboriginal Land Trusts 135 Aboriginal owned land and native title interests 82 Mediation and Dispute Resolution 136 Table 6: Statistics relating to native title claims processes 91 Corporate Governance 137 Exemptions Granted by Finance Minister 137 Table 7: Insurance Premiums for Officers 137 ALRA PART IV Minerals and Energy Workload 115 Risk Management and Ethics 137 Table 8: Related Entity Transaction 138 Resources and Energy Freedom of Information 138 Consultations On-Country 2013-14 116 Consultant Procedures, Competitive Table 9: Tendering and Contract Management 138 Funeral and ceremonial assistance, Advertising and Market Research 139 approved applications 127 Environmental Performance 139 Table 10: Information Management 140 Breakdown of Royalty Distribution Payments 135 Information Communication and Technology 141 Table 11: Fleet and Property Management 141 Aggregated Performance Indices 141 Committees 142 Table 12: Delegations 142 Audit advisory committee attendance 142 Committee 142 Audit Advisory Committee 142 Work Health and Safety Committee 142 Enterprise Agreement Committee 142 Land Claim Committee 142 Native Title Committee 142 Committee Appointments 143

8 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Figures

Figure 1: Figure 13: Staff Profile includes ABA, Native 5 year trend 2009-14: Title and Grant funded positions 54 Total annual LIR requests 129 Figure 2: Figure 14: 5 Year Trend - Full Time The LIR is geographically referenced Employment Statistics 54 by the 1:100,00 scale topographic map sheet, which provides quick direction to Figure 3: relevant ethnographic material 131 Estimated populations across NLC anthropology regions 81 Figure 15: 5 year trend 2009-2014: Figure 4: GIS Mapping Workload 132 NLC’s pastoral consent determination process 92 Figure 5: Status of work on the Federal Court ordered Pastoral Consent Determination Schedule for the NLC region as of June 2014 93 Figure 6: Future Act Notifications by Tenement Type in the NLC Region 98 Figure 7: Mineral Exploration in NLC Region 111 Figure 8: Mineral Exploration Licence Applications in the Northern Territory 114 Figure 9: Exploration Licence Applications by Land Council Region 114 Figure 10: On-shore & Off-shore Petroleum Exploration in NLC’s region 118 Figure 11: 5 year trend 2009-2014: Consultations substantially arranged but postponed 2009-2014 122 Figure 12: 5 year trend 2009-13: Measuring our progress against the 20 meetings target 122

Northern Land Council Annual Report 2013-2014 9 The Northern Land Council: Our Land, Our Sea, Our Life

Web About This Report www.nlc.org.au Email The Northern Land Council Annual Report 2013-2014 [email protected] provides a comprehensive account of the Council’s In Person performance from 1 July 2012 to 30 June 2013. You can always visit us at any one of our eleven offices: The Northern Land Council’s to foresee challenges to Darwin (Head Office) Annual report 2013-2014 minimise risks in achieving 45 Mitchell Street provides a comprehensive outcomes throughout the year. Darwin NT 0801 account of the Council’s As a Commonwealth Statutory performance from 1 July 2013 Darwin/Daly/Wagait Authority, the NLC submits to 30 June 2014. Unit 1 this report to the Minister 17 Georgina Crescent The NLC continues to be for Indigenous Affairs for Palmerston NT 0830 guided by principles outlined in tabling in the Australian the 2007-11 Strategic Plan. Parliament. The report aims Wadeye The new Full Council, elected to inform local, national Lot 351 Perdjert Street in November 2013, will and Australian government Wadeye NT 0822 continue to provide invaluable policy, constituents, staff, East Arnhem input to lead the organisation stakeholders, students, Endeavour Street over their new three-year term. news media and the wider Nhulunbuy NT 0880 community. The NLC’s Strategic Plan Katherine 2014-2019 will be presented to Contact Us 5 Katherine Terrace the December 2014 full council If you have any questions about Katherine NT 0850 meeting for endorsement. this report please contact the Research & Policy Officer: Bulman The Strategic Plan describes [email protected] Mimal Ranger Station our vision, key objectives and (+61 8) 8920 5111 or for Weemol NT 0822 strategies and should be general assistance read in conjunction with the Ngukurr overarching legislation, the Telephone: Balamurra Street ALRA and NTA. Pick up the phone between Ngukurr NT 0852 8:00am to 4:36pm (CST) The NLC continues an Borroloola / Barkly weekdays to call us on ambitious program of actions Robinson Road (+61 8) 8920 5100 or aligned to key strategic Mara Mara Camp 1800 645 299 (Toll Free) directions: enhanced social, Borroloola NT 0854 political and economic Post Tennant Creek participation and equity for Write to us at 178 Paterson Street Aboriginal people in the Northern Land Council Tennant Creek NT 0860 NLC’s jurisdiction through GPO Box 1222 the promotion, protection and Darwin NT 0801 Victoria River District advancements of their land 43 Wilson Street Fax and water rights, human rights Timber Creek NT 0850 Send us a fax on and interests. (+61 8) 8945 2633 West Arnhem (Jabiru) The Annual Report highlights 3 Government Building achievements and identifies Flinder Street future directions and attempts Jabiru NT 0886

10 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Northern Land Council

ABN 56 327 515 336

Address all correspondence to: 45 Mitchell Street, Darwin NT 0800 CHAIRMAN Phone: (08) 8920 5100 GPO Box 1222 Fax: (08) 8945 2633 Darwin NT 0801 Free Call: 1800 645 299

12 January 2015

Senator the Hon Nigel Scullion Minister for Indigenous Affairs PO Box 6100 PARLIAMENT HOUSE CANBERRA ACT 2600

Dear Minister,

In accordance with the Aboriginal Land Rights (Northern Territory) Act 1976, the Native Title Act 1993 and the Commonwealth Authorities and Companies Act 1997, I am pleased to submit the 2013-2014 Annual Report for the Northern Land Council.

I am authorised by the Full Council of the Northern Land Council to state that the Directors are responsible under section 9 of the Commonwealth Authorities and Companies Act 1997 for the preparation and content of the report in accordance with the Commonwealth Authorities (Annual Reporting) Orders 2011. The Audit Advisory Committee and the 170th Executive Council Meeting approved the financial audit report on the 9th and 10th January 2015 respectively.

This report reviews the Northern Land Council’s performance and illustrates the commitment and achievement of our staff and council members throughout the year.

I commend the report to you for presentation to the Australian Parliament.

Yours sincerely,

Samuel Bush-Blanasi CHAIRMAN

Darwin Daly Wagait Katherine Jabiru Nhulunbuy Borroloola Ngukurr Tennant Creek Timber Creek P.O. Box 1249 P.O. Box 396 P.O. Box 18 P.O. Box 820 P.O. Box 453 P.M.B. 85 P.O. Box 55 43 WILSON ST Palmerston NT 0831 Katherine NT 0851 JABIRU NT 0886 Nhulunbuy NT 0881 Borroloola NT 0854 Katherine NT 0851 Tennant Creek NT 0861 Timber Creek NT 0852 Ph(08) 8931 1910 Ph(08) 8972 2894 Ph(08) 8979 2410 Ph(08) 8987 2602 Ph(08) 8975 8848 Ph(08) 8975 4755 Ph(08) 8962 1884 Ph(08) 8975 0789 Fx(08) 8931 1875 Fx(08) 8972 2190 Fx(08) 8979 2650 Fx(08) 8987 1334 Fx(08) 8975 8745 Fx(08) 8975 4601 Fx(08) 8962 1636 Fx(08) 8975 0664

Northern Land Council Annual Report 2013-2014 11 The Northern Land Council: Our Land, Our Sea, Our Life

Fast Facts

80.2% of the NT Indigenous population resides in regional and remote areas of the Territory, the highest proportion of any State or Territory.*

More than 68,850 Indigenous people reside in the Northern Territory, representing 29.8% of the Northern Territory population.*

12 Northern Land Council Annual Report 2013-2014 * Source: Australian Bureau of Statistics, 2011 Census The Northern Land Council: Our Land, Our Sea, Our Life

More than $8M received from land use agreements. (refer page 135) 119 agreements ratifiedby Full Council meetings under s19 of the ALRA (refer page 104)

501

applications approved out of the Funerals and Ceremony fund (refer page 127)

Northern Land Council Annual Report 2013-2014 13 The Northern Land Council: Our Land, Our Sea, Our Life

on display at Parliament The Northern Land Council: House, Canberra. Our Land, Our Sea, Our Life The immediate-past Chairman of the NLC, Mr Wali There is nothing more fundamental to the Aboriginal Wunungmurra, was a signatory to, and one of the artists of, understanding of self and society than our relationship that petition. He was present with the land and the sea. in July 2013 at a celebration which marked the 50th anniversary of its presentation History at Rika Park, Yirrkala. In 1973 the Australian Rumblings for recognition of Parliament appointed Justice land rights were rising across Ted Woodward to conduct a the Top End during the 1960s. Commission of Inquiry into the In 1966, Gurindji stockmen appropriate way to recognise and their families walked off Aboriginal Land Rights in the Wave Hill Station. What the Northern Territory. The began as a dispute over pay parliament was responding to and conditions escalated into growing calls from Aboriginal a demand for land rights. people, especially in the Thousands of Aboriginal Northern Territory, for the people elsewhere took up recognition of their land rights. Below: The former Prime Minister those causes: marches for the Hon Kevin Rudd MP attends the In 1963, the Yolngu people of land rights, freedom rides and ceremony at Yirrkala in July 2013 east Arnhem Land presented the Aboriginal tent embassy to mark the 50th Anniversary of the happened across the country. Presentation of the Bark Petitions the Commonwealth Parliament with a bark petition, protesting By 1967, all sorts of pressures Below right : Mr Rudd with Mr Wali about plans to use a great led to an historic national Wunungmurra, NLC Chairman swathe of their land for bauxite referendum, where 91% of the mining. The petition remains people of Australia voted to

14 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

give the Australian Parliament The NLC is also the the power to make laws with representative body for the respect to Aboriginal people. purposes of the NTA, and in this capacity the NLC also The Northern Land Council represents Aboriginal people was established in the second living on the Tiwi Islands and half of 1973 in response to on Groote Eylandt. Justice Woodward’s first report. Initially, its role was Our Region and to assist the Commission by ascertaining the views its constituents of Aboriginal people and The NLC is an independent advocating for our interests. statutory authority of the Following the enactment of Commonwealth, responsible the ALRA, the NLC became for assisting Aboriginal peoples an independent statutory to acquire and manage their authority responsible for traditional lands and seas. assisting Aboriginal people Since the enactment of in the northern region of the the ALRA and the NTA, Northern Territory to acquire approximately 50% of land in and manage traditional lands the Northern Territory has and seas. become legally Aboriginal- The establishment and owned, including 85% of the Above: One of the 1963 ongong support of the four Territory’s coastline. A large Bark Petitions presented Land Councils in the NT are proportion of the remaining to the Australian Parliament an important manifestation land mass is subject to Native of Parliament’s commitment Title interests. to reconciliation with the The NLC’s key constituents are Aboriginal peoples of the traditional owners within its the Territory. region. About 30,000 Aboriginal Nearly 40 years on, the NLC people live in the region, and remains an important body 80 percent live in regional and through which the Aboriginal remote areas – in nearly 200 people of the Top End make communities ranging in size their voices heard on the from small family outstations whole range of issues which to communities with impact on our lands, seas populations around 3000. and communities. The ALRA The majority of Aboriginal continues to be a strong peoples in the NLC region foundation on which to build speak an Aboriginal language social, cultural and economic as their first language. Many growth for traditional owners. are multi-lingual, and English is often way down the list of languages in everyday use.

Northern Land Council Annual Report 2013-2014 15 The Northern Land Council: Our Land, Our Sea, Our Life

Customary law continues Enhanced social, The NLC continues to show to be practised in many political and economic that it is ideally placed to communities within the region manage the increasing and continues to be recognised participation demands of governments, and accommodated by the The NLC is committed to private enterprise and Territory’s justice system ‘enhancing Aboriginal people’s Aboriginal people themselves (although with overriding social, political and economic to establish services and limitations because of participation’ and this is business enterprises on Commonwealth legislation reflected through the policies Aboriginal lands. enacted at the time of the 2007 and decisions of the Full In partnership with the Federal Intervention.) Council. Australian and Northern Many major resource The NLC region is unique and Territory governments developments are taking place the organisation continues and many others, the NLC on Aboriginal land and land to focus on supporting and continues to enhance subject to Native Title. These fostering new and innovative Aboriginal participation and developments have included projects and developments that equity in major developments. the construction of the Alice underpin prosperity in remote Aboriginal people are diverse Springs-Darwin railway line, Aboriginal communities. and culturally rich, our lands gas pipelines, Army training and waters are resource rich areas, national parks and To ‘enhance’ Aboriginal and a major contributor to the pastoral activities. Mining and peoples’ ‘participation’, NT economy. petroleum exploration and we must be responsive to development projects continue opinions, build capacity, The NLC continues to be a to be growing business for the encourage leadership and relevant and essential driver NLC to process and approve on develop equitable and balanced of Aboriginal affairs in the behalf of traditional owners. outcomes. We undertake Northern Territory. to adopt best practice and The challenge for the NLC is to precautionary principles. ensure that social, economic and cultural benefits flow to The mechanisms for Aboriginal people from these achieving this are the developments. Aboriginal promotion, protection and people are keen to participate advancement of Aboriginal in planning and development peoples’ rights and interests activities while at the same through strong leadership and time seeking to protect their good governance. cultural integrity.

16 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

A Word From Our Chairman, Mr Samuel Bush-Blanasi

I am honoured to have been elected Chairman of the Northern Land Council at the meeting of the new Full Council in November 2013, and I pay tribute to my predecessor, Mr Wali Wunungmurra, for his dedicated service over two, three-year terms, often during difficult times.

With my able Deputy Chairman, It has been a busy year Mr John Daly, and the new for NLC staff, who have Executive Council, I am worked hard to respond to committed to leading the and deal with important policy NLC, to reform its operations issues which have confronted and improve its financial the organisation. position, and to develop a The renewed push to develop I repeat the pledge of my stronger relationship with our northern Australia offers both predecessor – that is, constituents, many of whom opportunities and challenges. ‘The NLC is committed to live in very remote parts of the The NLC, in various ‘enhancing Aboriginal peoples’ Northern Territory. submissions and media social, political and economic I wish to record my appreciation releases, has argued forcibly participation’. of the service rendered by Mr for Aboriginal people to have Economic development is a Robert Graham as acting Chief a central role in formulating basic aspiration of all peoples Executive Officer following the policies related to economic and is being cumulatively resignation of Mr Kim Hill in development and to share in achieved across the NLC October 2012. Mr Graham was the benefits derived from our region under the aegis of ALRA. drafted from his substantive lands and waters. Around job as Manager Anthropology 50% of the Northern Territory The NLC Full Council, at its branch to fill in as Chief land mass and 80% of the two meetings during the year Executive until Mr Joe Morrison coastline is Aboriginal-owned, under review, approved 119 took up the job permanently in and Native Title interests land use agreements under February 2014. extend over much more of section 19 of ALRA. the Northern Territory. Mr Morrison was previously The Full Council Meeting in Chief Executive of the North Regrettably, there seems to Katherine in May approved a Australian Indigenous Land have been limited recognition 99-year lease for a house at and Sea Management Alliance of our calls for Aboriginal Baniyala; and an Aboriginal- (NAILSMA). His appointment to participation and cooperation - owned mining company was the top job at the NLC was the yet, economic development on granted approval to explore culmination of an exhaustive Aboriginal lands will continue for bauxite on Aboriginal land recruitment process, and I am to necessitate consultation on the Dhupuma Plateau in delighted to report that we have with, and input from, Aboriginal eastern Arnhem Land. already established a close and people well into the future productive working relationship.

Northern Land Council Annual Report 2013-2014 17 The Northern Land Council: Our Land, Our Sea, Our Life

Native Title claims in the NLC will continue to challenge any Leasing, and that Aboriginal region have continued to be attempts to diminish Aboriginal people will have given free, settled, mostly by consent and property rights. prior and informed consent. en masse in the case of claims In that context, Ord Stage 3 Looking forward, the NLC over pastoral leases. The latter looms as a contentious issue is already making plans process has been recognised in the coming year, given to commemorate the 40th by approval of the Federal the proliferation of sacred anniversary in 2016 of the Court, which has praised the sites across the Northern passage of the ALRA by the NLC for its efficiency. Territory land earmarked for Commonwealth Parliament. Aboriginal people are that development. Traditional Aboriginal people continue to committed to economic owners on the Northern prize the intertidal sea rights development as a means to Territory side have already and land ownership which the improving our lives and laying voiced fundamental opposition Act has delivered. The 2016 a foundation for the betterment to the Stage 3 extension into anniversary will be a time for of our future generations. At land over which they have us to celebrate, and to reflect the same time, and there is no Native Title interests. on how those rights secured contradiction here, we want to under the Act can be leveraged The Commonwealth preserve our cultural integrity for the enduring benefit of our government’s plans to secure and maintain our hard-fought- future generations. 99-year leases over Aboriginal for land rights. communities, under section Too much of the debate about 19A of ALRA will also continue economic development has to exercise the NLC over the focused on land tenure: the coming year. The NLC has ALRA and the NTA are held by a statutory responsibility many commentators to be an to ensure that traditional impediment to development. I owners fully understand the reject that assertion, and under implications my chairmanship the NLC of entering into a lease with the Samuel Bush Blanasi Executive Director of Township Chairman

18 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

A Word From Our Chief Executive Officer, Joe Morrison

I took up the CEO’s position in February 2014 with some trepidation, given my recognition that the Northern Land Council is a pre-eminent statutory body of unique importance in the Northern Territory that plays a profoundly important role in the national body politic of Aboriginal affairs. I am pleased to state that my short experience in the job has been exciting and immensely rewarding.

My new mission has several effective from 1 July 2014) aims: I want to reach out have been conducted cordially, to the NLC’s constituent but it will be impossible to membership, in some places satisfy demands for wage to re-establish neglected increases which would bring relationships; I want to improve NLC pay scales up to parity It remains my hope that after our presence in regional with Australian and Northern the matter of a waste dump at offices and to empower the Territory public service Muckaty is finally decided one NLC’s regional councils; I want (and, Central Land Council) way or another that it will be to encourage the Executive pay scales, without an increase possible to achieve a lasting and Full Councils to direct in our ABA budget. reconciliation among members their attentions to long- of the Land Trust and turn In early June, I attended term strategy and planning, our attention towards assisting Federal Court hearings in including opportunities for traditional Aboriginal owners Melbourne and Tennant Creek economic development; and, with other important matters which dealt with the NLC’s with the help of managers and relating to Aboriginal decision in 2007 to recommend the elected Executive Council, well-being and country. a site in the Muckaty Aboriginal I want to improve efficiencies Land Trust for a Australian From the NLC’s viewpoint, the within the NLC’s administration government nuclear waste growing emphasis on northern and to improve its financial disposal facility. development since the last position in a climate of election has dominated the diminishing budgets. Having heard the opening policy landscape. As it affects addresses in Melbourne and Managers and staff have been of the NLC, much of the debate evidence in Tennant Creek immense help as I’ve adjusted has tended to focus on an from Aboriginal objectors, I to the job. The organisation argument that land tenure formed the view that the NLC is lucky to have a loyal and (read, the ALRA and the NTA) should accept an offer from the dedicated workforce (217 is an impediment to economic objectors to settle the case. I permanent employees, 124 of development. It’s an argument thought that too much (self) them Indigenous.) Negotiations which I have dissected and damage was being inflicted on towards a new Enterprise rejected during families within the Land Trust. Bargaining Agreement (to be

Northern Land Council Annual Report 2013-2014 19 The Northern Land Council: Our Land, Our Sea, Our Life

many news media and public I came to this job as founding and the NTG’s abandonment of speaking engagements during CEO of NAILSMA, an plans for Strategic Indigenous my short tenure as CEO, and organisation which has been (water) Reserves, the NLC’s Full which will continue to spark at the forefront of Indigenous Council, meeting in Katherine debate into the future. thinking about water policy in May, called for an inquiry into and planning, regional marine water allocations and planning. The NLC’s record over recent planning, climate change In addition, all 83 members years of processing and and Carbon opportunities of the Full Council prepared approving hundreds of land and research on the northern placards and banners, and use agreements, under s19 Indigenous estate. marched in protest against the of ALRA, is a good measure NTG’s water policies. of ever-evolving development The NLC is a member of on Aboriginal lands. At its NAILSMA, and in the reporting Communicating NLC policies two meetings during this year the NLC has itself is an important part of my reporting year, the NLC’s Full focused on water policy, role, and I have managed to Council approved 119 land particularly allocations raise the NLC’s public profile use agreements. Processing a granted by the NTG in the through frequent news media large number of agreements NLC region – unfortunately appearances and speeches. has also placed considerable not to Aboriginal people. Many challenges lie ahead. strain on our human and Concerned about over-allocation Our constituents have high financial resources. of water extraction licences expectations of the NLC and, although sometimes those

20 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

expectations are beyond our Internally, I have expanded Those who know me range of responsibilities, the the senior management understand my approach as organisation must continue to team, which used to include pragmatic, Aboriginal people reach out to its members. I have just branch managers, into must be engaged in northern tried to take every opportunity to a more widely-based group development including travel to all the NLC’s outposts which now also includes public policy design and in order to take soundings from other senior staff who have implementation that places staff and meet local Aboriginal hands-on responsibility for Aboriginal people front and people about communities’ important operations. This new centre in the development of aspirations for their futures. leadership group meets weekly our lands and waters. We have and provides advice on all all had enough of the despair, Managing external expectations matters affecting the NLC. but we must be in control of about northern development our futures. and the prospect of township Having settled into the job, leasing deals by the Australian I can now look forward to government within the NLC working with staff and the region will continue to call for elected arms to improve our close attention to ensure the NLC’s operations and that traditional owners make performance, so as to Joe Morrison free, prior and informed better serve the interests of Chief Executive Officer consent decisions that are Aboriginal people. evidence-based.

Northern Land Council Annual Report 2013-2014 21 The Northern Land Council: Our Land, Our Sea, Our Life

The Year in Review

22 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Highlights

New CEO

Joe Morrison took up his duties as CEO in February 2014. He had been the founding CEO of NAILSMA. Robert Graham (substantive position, Manager Anthropology) acted in the CEO’s job for 16 months, after the resignation of Kim Hill in October 2012. Joe Morrison has worked expeditiously to raise the NLC’s public profile.

Native Title Consent Determinations

The NLC’s role in the efficient resolution, by consent, of native title claims over huge swathes of country held under pastoral lease was acknowledged by two Federal Court judges during on-country sittings. During special sittings at Mataranka and Minyerri on October 2013, Justice John Mansfield singled out the hard work of NLC officers in helping to bring native title determinations Top: NLC CEO Joe Morrison has (16 pastoral leases south-west of Mataranka, and two pastoral lifted the profile of the organisation leases south of the Alawa Land Trust area) to a head. with his willingness to engage with the media And during another court ceremony at Tingkkarli, near Above: Native title holders with the Tennant Creek in March 2014, Justice Darryl Rahniah, said: Hon Justice Mansfield AM (far right) “I know how hard the Northern Land Council has worked to at the ceremony at Minyerri in 2013 bring this to a head.”

Northern Land Council Annual Report 2013-2014 23 The Northern Land Council: Our Land, Our Sea, Our Life

Muckaty Water Development Approvals

In mid-June, the NLC and The NTG’s water allocation The NLC continued to process the Commonwealth agreed plans continued to concern the and approve numerous to settle the legal challenge NLC membership, after the applications for leases on in the Federal Court to the government abandoned the Aboriginal land under section nomination of a site within commitment of its predecessor 19 of the ALRA. The 108th Full the Muckaty Land Trust for a to create a Strategic Indigenous Council meeting in May 2014 nuclear waste storage facility. Reserve. The reserve would approved a 99-year lease for a have allowed the development private residential development The settlement was offered by of water-based economies by at Baniyala, the first such lease opponents of the nomination, traditional owners. in the NLC region. and was accepted by the NLC without admission of Frustration with the Also, an Aboriginal-owned any liability. government’s water policies mining company, Gulkula and allocations spilled over Mining (a subsidiary of the Chief Executive Joe Morrison at a Full Council meeting Gumatj Corporation), was said the decision to settle was in Katherine in May, when granted approval to explore driven by divisions with the clan members marched with for bauxite across 69sq km groups which comprise the placards and banners to of Aboriginal land south of Land Trust. a meeting in town being the Rio Tinto Alcan Gove addressed by the Environment mining tenement on the Minister, Hon Willem Westra Dhupuma Plateau. van Holte MLA. The proponents say the Below: Lazarus Murray, NLC Senior agreement will deliver financial Project Officer (Katherine), leads the and social benefits, including protestors in Katherine employment, training and contract opportunities.

Above: Muckaty Station

24 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Summary of Financial Performance External Funding NLC receives additional grant The NLC is primarily funded through the Aboriginals based funding from a number of sources, the major external Benefit Account (ABA), an account into which the funding sources include: Australian government pays an amount of money » Jobs and Career Services equal to the royalties paid from mining on Aboriginal funding (ie mining companies) land. These payments are made on an estimates and » Working on Country justification basis. funding for ranger groups (Department of Sustainability, Environment, Water, The NLC is also a Native Title The financial statements have Population and Communities) Representative Body under the been prepared in accordance » Real Jobs funding for ranger NTA, and received funding for with the Finance Minister’s groups (Indigenous Land native title matters. Orders and Australian Corporation) Accounting Standards and In addition to its core funding Interpretations issued by under the ABA and Native Title, Challenges the Australian Accounting the NLC receives funding under Standards Board (AASB) that » Uncertainty of grant funding a number of separate grants. apply for the reporting period. arrangements for ranger The NLC is required to The full audited statements are salaries and ongoing prepare audited financial reproduced at the end of this operational funding after statements for two separate report at page145. new policy directions by the accounting entities under current government. A short summary of the NLC’s two Acts of Parliament –the overall financial performance » Competing demands for ALRA and the NTA. The NLC for 2013-2014 is shown below. limited financial resources auditor is the Australian » Compliance with National Audit Office. Management Plan and Estimates 2013-2014, financial accounting and procedures manual » Turnaround time of the cost recovery processes » Depleted and aged vehicle pool

Northern Land Council Annual Report 2013-2014 25 The Northern Land Council: Our Land, Our Sea, Our Life

The Year at a Glance

Operating Surplus/ Deficit (before capital investment)

The NLC’s operating surplus [or deficit] is variable and dependent on external factors such as grant cycles and capital investment in infrastructure in particular financial years. “Operating surplus” is an accounting term and is not unexpended funds. The NLC is currently reviewing its financial policies and procedures which will lead to more effective and efficient work flows and improved fiscal management and responsibility.

Table 1: Financial Performance over Five Years

2009/10 2010/11 2011/12 2012/13 2013/14 $,000 $,000 $,000 $,000 $,000

Revenue 36,497 42,628 37,021 35,419 36,869 Expenses 34,598 34,719 40,904 48,780 43,700 Operating Surplus/ Deficit 1,899 7,909 (3,883) (13,361) (6,831) (before capital investment) Assets 23,210 31,116 27,955 15,629 11,295 Liabilities 5,549 5,546 6,236 7,492 8,020 Asset revaluation reserve 265 265 265 44 1,973 Cash held 11,599 12,965 19,427 4,577 2,545 Net increase/ decrease in 4,335 8,965 6,462 (14,850) (2,032) cash held

Royalty Amounts The following Royalty Amounts were paid by the NLC over the past 5 years:

2009/10 2010/11 2011/2 2012/13 2013/14 $,000 $,000 $,000 $,000 $,000

Total Royalties paid (refer 22,588 31,330 35,144 33,964 61,688 Note 18 Annual Financial Statements 2013-2014)

Mining Royalty Equivalents Held In Trust As of 30 June, the following mining royalty equivalents have not been paid and are being held in trust:

2009/10 2010/11 2011/12 2012/13 2013/14 $,000 $,000 $,000 $,000

Section 64 (3) payments (Refer 49 587 941 666 0 Note 18 Annual Financial Statements 2013-2014)

26 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Commonwealth Authorities (Annual Reporting) Orders 2011 Compliance

Report of Operations Key Changes

As a Commonwealth Authority, There were no key changes the NLC is subject to annual to the state of affairs or reporting orders issued by the principal activities of the Finance Minister under s28 Northern Land Council of the Commonwealth pursuant to section 16(c) Authorities and Companies Act of the Annual Reporting 1997 (CAC Act) that stipulates Orders to report this that the NLC recover costs financial year. regarding the provision of products or services where Amendments to it is efficient to do so. Enabling Legislation Fees There were no amendments to the enabling legislation In accordance with subsection pursuant to section 16(d) 37(2) of the ALRA, fees received of the Annual Reporting for services by the NLC can Orders to report this be found at Note 4(a) of the financial year. Financial Statements (refer page 166). External Scrutiny Significant events There were no judicial decisions, no ministerial There were no significant directions and general policies events pursuant to section or decisions of administrative 16(a) of the Annual Reporting tribunals pursuant to s17(a) Orders to report this Annual Reporting Orders this financial year. financial year.

Northern Land Council Annual Report 2013-2014 27 The Northern Land Council: Our Land, Our Sea, Our Life

Left: NLC Executive members with Prime Minister the Hon Tony Abbott MP, at Parliament House, February 2014. From left Bill Risk, Mr Abbott, Leonard Norman (rear) and Chairman Samuel Bush-Blanasi Strategic Plan

28 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Shaping the NLC Region’s Future Land Claims and Acquisition Support Services The NLC’s strategic direction addresses the changing social, political and economic and environmental Objective: To assist Aboriginal landscape of our region, and the opportunities and people to obtain or acquire property rights over challenges it presents. The 2007-2011 Strategic Plan traditional land and seas. identified a number of objectives as key focus areas. Outcomes: The next Strategic Plan will further develop and build on those successes. » Identify claimable land. » Engage, identify and consult with appropriate people. The outcomes are a measure Objective: » Lodge and settle land of impacts on the community claims and native title against NLC’s objectives. Traditional owners are assisted to manage their land, sea claims. Caring for Country and and natural resources in a » Finalise outstanding or long Natural Resources sustainable manner. running land claims. Outcomes: Objective: Economic » Traditional owners are Development and Access to Aboriginal Land consulted early with Commercial Services is managed effectively and expressions of interest to efficiently. carry out activities on land Objective: To secure economic, Outcomes: or water. social and cultural benefits » Increasing the number of for traditional owners from » Permits issued are in community driven initiatives. developments taking place accordance with Traditional on Aboriginal land. » Provide support to land Aboriginal Owner wishes. and sea management Outcomes: » Communities know who is programmes on country. entering their communities » Negotiate strong agreements » Monitoring the compliance and for what purpose. that provide benefits. of land use agreement. » The number of permits » Complete consultations and » Ensuring the ecologically issued is not negatively execute agreements in a sustainable use of wildlife impacting landowners timely manner. and resources. and residents. » Ensure that incomes » Cultural assets are » Average number of days derived from agreements conserved and protected taken to process and issue is distributed according to appropriately. a permit meet the target. traditional owners’ directions. » Areas are closed for » Facilitate decision making ceremonial reasons and processes that consider visitors are notified quickly. and integrate short and » Complaints are dealt long term economic, with efficiently. environmental, social and equitable values.

Northern Land Council Annual Report 2013-2014 29 The Northern Land Council: Our Land, Our Sea, Our Life

Objective: Objective: Objective:

Develop employment and Empower Aboriginal people Raise public awareness of the training plans in partnership to carry out commercial NLC’s work and the views of with industry and government activities and build sustainable Aboriginal people. stakeholders, and facilitate the enterprises. implementation of these plans. Outcomes: Outcomes: » Maintain profile through Outcomes: » Actively support the media releases, press » Generate training and establishment of Aboriginal conferences and building employment jobs through owned businesses, networks. agreements or partnerships. commercial entities and » Invite visitors to attend and » Increase the percentage of governance structures. present at Council Meetings. training opportunities into » Negotiate Aboriginal » Respond to documents real jobs. involvement in commercial released by government for section 19 land use public comment. Objective: agreements and maintain » Maintain alliance with North current engagement and Efficiently process exploration Australian Indigenous benefits from industry and mining licence applications Land & Sea Management sectors – e.g., crocodile, and provide accurate advice Alliance. on potential environmental pastoral. » Maintain alliance impacts and benefits. » Increase the percentage of with Aboriginal Peak s19 land use agreements Organisations Northern Outcomes: held by Aboriginal interests. Territory (APO NT). » Maintain the average number of consultations Advocacy Services Objective: regarding applications to explore and mine. Objective: Supporting Aboriginal people to maintain and protect their » Efficiently carry out the Advocate on behalf of sacred sites and cultural scheduled number of Aboriginal people and express heritage. consultation meetings with their views. key stakeholders. Outcomes: Outcomes: » Provide best practice advice » Assist Aboriginal people and use precautionary » Lobby and advocate with cultural mapping, principle where science industry, governments, site clearances and site not known. business and other registrations. stakeholders. » Provide Land Interest » Provide information through References as requested the Land Rights News and by staff. other publications. » Create maps for project » Maintain readership of Land consultations and formal Rights News and promote land use and mining website views. agreements.

30 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

» Process funeral and Administration and Objective: ceremony applications Support Services in a timely manner in Support traditional owners to accordance with policy. Objective: manage and resolve disputes. » Liaise with Aboriginal Areas Outcomes: Protection Authority in Receive and distribute statutory relation to site protection. and other payments to » Ensure that Full Council Aboriginal people. » Support Aboriginal people to resolutions directing enjoy, practise and maintain Outcomes: Aboriginal Land Trusts to their cultural activities. enter into binding land use » Distribute negotiated agreements will not be » Repatriation of sacred payments to the relevant subject to legal challenge. objects and human remains. traditional owners » Facilitate information and Objective: and/or royalty-receiving meetings where Traditional associations. Owner decisions are made Help Aboriginal people achieve » Strictly comply with the in accordance with their development potential by Aboriginal Land Rights (NT) traditional decision making facilitating access to leadership Act 1976 and Commonwealth process. and governance programs, and Authorities and Companies resources, infrastructure and » Encourage cultural integrity Act 1997 (CAC Act) government services. and mediate disputes provisions. according to traditional Outcomes: Objective: laws, customs and practices to avoid adverse decisions. » Develop and promote policy Assist Land Trusts to to achieve skilled and act appropriately and in gender representation on accordance with the ALRA. external boards, forums and committees. Outcomes: » Provide induction to » Assist with the new members, facilitate administration of existing leadership and governance Aboriginal Land Trusts and training (hands on and affix the seal of the relevant formal) sessions. Land Trust at the direction » Encourage and support of the Full Council. Council Members to attend » Ensure membership is up to forums and present. date and in compliance with the ALRA. » Nominate members who will carry out their role as Land Trust Members appropriately.

Northern Land Council Annual Report 2013-2014 31 The Northern Land Council: Our Land, Our Sea, Our Life

The Year Ahead

Development This ambitious approach would Community Prospectus consider economic, social Development Program and cultural development as The NLC is planning to produce equal objectives to drive a new The NLC plans to create a a prospectus that will articulate paradigm for development in Community Development Unit how and where development northern Australia. It would similar to that of the Central opportunities can be realised seek to partner with business, Land Council. on Aboriginal-owned land industry and ethical investors The main objective of the within its region. It will provide to ensure that free, prior and CLC program, which the a template for traditional informed consent provisions NLC hopes to mirror, is to owners and communities enhance Aboriginal prosperity. maximise opportunities for wanting to develop Aboriginal- The NLC’s proposal has Aboriginal engagement, owned lands and waters. been met with enthusiasm ownership and control of by the Commonwealth their own resources, in order Indigenous Affairs Minister, to generate social, cultural the NT Chief Minister and and economic benefits using NLC council members. royalty and other monies to Below: (Foreground) Traditional Owner Bobby Nungumajbarr with invest back into communities, NT Chief Minister Hon Adam Giles to secure opportunities for MLA at the opening of Western Aboriginal people. Desert Resources iron ore mine, December 2013

32 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Ord 3 Expansion Water Allocation Plans Employment

Traditional owners, custodians The NLC will continue to The downturn in the world and native title holders in the monitor the NTG’s water market for iron ore and Northern Territory continue management plans and to some other commodities is to maintain their strong press the government to continuing to have a serious opposition to the Ord Stage 3 reconsider its rejection of a impact on mines in the expansion, which would extend Strategic Indigenous Reserve Northern Land Council region. the Ord River irrigation scheme (SIR) within its water-planning The NLC’s Jobs and Career over the Western Australian framework. Service Unit (JACS) has border into Territory lands. Over six years, and after been responsible for training Aboriginal people on the NT extensive consultation, and negotiating employment side have already expressed NAILSMA developed a for Aboriginal workers concerns about the detrimental comprehensively-researched at these mines, and will impact of Stage 3 on sacred policy whereby reserves from need to seek alternative sites and dreaming tracks, the consumptive pool of water employment opportunities if and the NLC will continue would be specifically set aside their jobs are at risk because to consult and represent for activities that contribute of market conditions. their interests. to Indigenous economic The NLC is committed development. However, the NLC is waiting to assisting in mentoring for the NTG to present a formal The current government and providing training and proposal to take to traditional rejected this policy, which employment for Aboriginal owners and to ensure the has caused extreme people in a range of industries independent Aboriginal Areas disappointment to NLC across the Top End. Protection Authority can members because the poorest assess, with independence and and most marginal of the integrity, the impacts that may NT’s population are denied an arise on sacred sites. opportunity to participate in northern development. There is evidence that the government has already made allocations beyond safe limits from some aquifers, even without allowing for an SIR.

Northern Land Council Annual Report 2013-2014 33 The Northern Land Council: Our Land, Our Sea, Our Life

McArthur River Mine heavy metals leaching Blue Mud Bay into waterways around the The NLC will continue to mine site especially over The NLC will continue to review advocate at government the wet season. its approach to delivering and company levels for outcomes that meet social, The NLC will continue to work traditional Aboriginal owners economic and cultural with traditional owners and in the Gulf region who are aspirations of traditional native title holders to ensure concerned about adverse owners and the wider that Aboriginal interests environmental impacts of the community through the Blue are heard consulted about McArthur River lead and zinc Mud Bay decision. remedies to rectify current mine near Borroloola. and future adverse impacts. The NLC believes that long A waste dump at the mine is term outcomes can continue expected to keep burning for to provide access for some time, and traditional non-Indigenous people, and owners are concerned about at the same time empower

Below: The smouldering waste dump at McArthur River Mine near Borroloola, August 2014

34 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Aboriginal people to be front Under the CEO and Executive, for equality and recognition of and centre in the management the NLC will continue to the unique rights of Aboriginal and development (where refine its functions under the people of the Northern appropriate) in the inter-tidal Aboriginal Land Rights and Territory. zone of the NLC region. Native Title Acts and to ensure This occasion will be a that policy development can be reminder of those challenges Administration achieved on an informed basis. and a celebration of the In the coming year the NLC will 40th Anniversary of enormous successes that have been won under the Act. It will implement new measures to ALRA improve financial management also be a reminder of the hard work that lies ahead to ensure and compliance, to ensure The year 2016 will mark 40 that Aboriginal people can that the best outcomes for our years since ALRA was passed enjoy the same life expectancy constituents can be delivered. through the Commonwealth as non-Aboriginal people and Parliament. The enactment A new Senior Policy Advisor, build on our property rights. Ms Leanne Liddle, has been of the ALRA recognised appointed, after an extensive communal property rights recruitment and selection held by Aboriginal people process. She will take up duties and recognised decision- in mid-October 2014, replacing making processes that other Mr Syd Stirling who resigned Indigenous people around the in January 2014. Leanne world would cherish. has traditional Aboriginal The NLC will collaborate ties to Central Australia and with other NT Land Councils her appointment has been to ensure that this historic welcomed by the CEO and moment will duly recognise Executive of the NLC. the many people who fought

Northern Land Council Annual Report 2013-2014 35 The Northern Land Council: Our Land, Our Sea, Our Life

Council Information

36 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

NLC Full Council meets at Katherine, May 2014

Northern Land Council Annual Report 2013-2014 37 The Northern Land Council: Our Land, Our Sea, Our Life

Regional Map

Tiwi Land Nhulunbuy Council Palmerston Darwin Jabiru East Arnhem West Arnhem

Bulman Darwin Daly Wagait Wadeye Katherine Katherine Anindilyakwa Ngukurr Land Council Ngukurr Timber Creek

Borroloola Victoria River District

Aboriginal Land Borroloola-Barkly Trust Areas

NLC Offices

Tennant Creek

Central Land Council

38 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Our Council

The responsible Commonwealth Minister approves agreements tabled at Full Council meetings. The Full the method of choosing members of the Northern Council has delegated some Land Council, including the community and/or of its decision-making powers outstation area that we represent. Section 29 of the to the Executive and Regional Councils. For example, ALRA provides that an Aboriginal person who is a the Chairperson and Chief Traditional Owner or a resident living within the Executive Officer can approve NLC region may nominate for membership of the land use agreements valued up to $100,000 or leases up to two Full Council. years duration, and can make recommendations for Full The Minister has nominated new Chairman and Deputy Council consideration. the 52 community areas in the Chairman were elected. The Executive Council is NLC region that members can With a member nominated responsible for managing be nominated to represent. from each of the seven regions, business between Full Council Seventy eight members, plus the new Chairman and Deputy meetings. Each Full Council, five co-opted women positions, comprise the NLC’s nine- Executive and Regional Council make up the NLC Full Council. member Executive Council. meeting receives operational Members are nominated for a The Chair is an executive and financial reports from NLC three-year term. director and an employee of branch managers, to provide The term of the previous Full the Northern Land Council. direction for staff to meet Council expired late 2013. The Deputy is a non-executive performance objectives and A nomination process for director who becomes an targets. new members was widely executive director during the Induction and training sessions publicised and nominations Chairman’s absence. are provided to all new and closed on 31 August 2013. Individual members have an returning council members. Where positions were important role in keeping the The sessions extend to contested, NLC staff supervised Full Council informed of the members’ roles on boards and ballots across the region. opinions and priorities of their committees. Capacity building The NLC is considering Aboriginal constituents. The also occurs during council engaging the Australian Full Council shapes the policy meetings when reports are Electoral Commission for and strategic direction of the delivered by branch managers future elections. NLC administration. and when various experts are invited to deliver special Members who were successful The Full Council’s powers presentations. in the elections attended under the ALRA include the first meeting of the new responsibility for endorsing Full Council in Darwin in exploration and petroleum November 2013. All positions licence applications, were declared vacant, and a and section 19 land use

Northern Land Council Annual Report 2013-2014 39 The Northern Land Council: Our Land, Our Sea, Our Life

Our Executive Council Members

Katherine Region Darwin/Daly/ Borroloola/Barkly Samuel Bush Blanasi Wagait Region Region John Daly Chairman Leonard Norman Deputy Chairman Samuel Bush-Blanasi is a Mayili Executive Member John Daly was born in Darwin at man and resident of the Wugularr Leonard Norman has been a the old Darwin hospital. He was (Beswick) community in the member of the Northern Land raised and bred on the Daly River Katherine region. He was educated Council since the mid-1990s. where he’s lived and worked all in his own community before This is his second term as his life. John was Chairman of the completing his studies at Kormilda Executive Member of the NLC from 2005-2007 and he is College in Darwin. Borroloola/Barkly region. passionate in his views on what he Mr Blanasi thanks his father wants to achieve for his people. He grew up in Borrolooola and was (the late Mr David Blanasi) for educated in his home town, and at “What we want is independence his education, and says his father St John’s College, Darwin. instilled in him strong cultural and from the government bureaucratic traditional values. machine to run our lands and He is a Yanyula elder who lives our financial affairs so we can in Borroloola and works as a sea Mr Blanasi is a prolific artist who make good sound decisions for ranger with the Lianthawirriyarra brings a wealth of administrative our people. We just want our sea ranger unit. and social experience to the NLC. countrymen to achieve the best Leonard has also served on This is Mr Blanasi’s fifth term at that they can via jobs and business opportunities on Aboriginal land. community bodies, as deputy the NLC. He is the immediate- chairman of Gulf Health and past Deputy Chairman, and was You’ve got to be passionate for these things otherwise there’s no as a member of the Mawurli previously an NLC member during and Wirriwangkuma Aboriginal the 1990s. point in being in organisations such as ours. You have got to have it to Corporation. Mr Blanasi is also a board member live it.” He holds strong views on the need of the Aboriginal Investment to educate young people about the Group, and has a long record of vision of the Northern Land Council service on boards of several other and the work it does for traditional Aboriginal bodies. owners across the Top End.

40 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Darwin/Daly/ East Arnhem Region West Arnhem Region Wagait Region David Djalangi John Christophersen Bill Risk Executive Member Executive Member Executive Member David Djalangi was born at John Christophersen, a member Bill Risk was born and educated Milingimbi and was educated at of the Murran Group, Cobourg in Darwin and is a member of the the mission at Elcho Island. Peninsula, was born in Darwin. He has family ties into Kakadu. He Larrakia language group. After schooling, David joined his is a former NLC staff member, and Dad in the fishing industry and Bill is a director of Imparja a long-term council member from spent three years working the Television, and NAAC, and the mid-1980s to the early 2000s. chairman of Darran Darra seas, after which he turned his Aboriginal Corporation. hand to mechanics. He has devoted most of his work to marine and coastal policy issues. He is also a committee member As an elected member of the NLC of Buffalos Football Club. Executive, David is passionate for He remains a vocal advocate his people’s voice to be heard. He for the rights of Indigenous Bill says his long experience as an strongly believes in his culture and peoples in local, national and executive member has given him his family’s land. international forums. the opportunity to represent his region and be part of the processes that affect Aboriginal peoples’ lives, and lands and seas.

Northern Land Council Annual Report 2013-2014 41 The Northern Land Council: Our Land, Our Sea, Our Life

Katherine Region Ngukurr Victoria River District Helen Lee Virginia Nundhirribala Raymond Hector Executive Member Executive Member Executive Member Helen Lee is affiliated with the Virginia was born and bred at Born in Darwin in 1970, Raymond Ngalkban clan and lives at Barunga. Ngukurr, her grandfather’s Hector was schooled at Kormilda country, and was schooled at College. He was a health worker She was elected to the Full Numbulwar. She has been involved for 15 years at home in Pigeon Council in 2003. with the NLC since 2010 and is one Hole. As an elected member of the Helen has a strong administrative of two women on the Executive, NLC Executive, Raymond, from the background, having worked with something she is proud of. “This is Billarna people, said his position the Jawoyn Association, Burridj good because as a woman we’re on the Council has given him the Aboriginal Group Training, and just as strong as the men; we’ve confidence that he is representing the Barunga Community got to have a voice for our people, his people in the best possible way. government Council. too.” Virginia has strong views on He has vowed to keep working hard what she hopes to achieve as an to help his people in the care and She is currently an electoral officer Executive Member. control of land. for the Member for Arnhem in the “I want to help my people to live a NT Legislative Assembly. better way, to save our country and Helen is keen to promote women’s to work with government. “Making issues and wants to assist a strong community and through Aboriginal people develop economic our culture to make it strong so enterprises on homelands. that culture can live. The NLC is a part of that, and it is helping us with our culture and the land and to look after it properly. That’s very important to me.”

42 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Priscilla Dixon and Charmaine Mininikirr, at the second Women’s Caring for Country Exchange Program at Warruwi, South Goulburn Island, March 2014

Northern Land Council Annual Report 2013-2014 43 The Northern Land Council: Our Land, Our Sea, Our Life

Our Full Council Members

DARWIN/DALY/WAGAIT (15) WARD BORROLOOLA/BARKLY WARD (13 + 2 Co-opted)

John Daly (Deputy Chairman) Daly River South Leonard Norman (Executive) Borroloola Bill Risk (Executive) Darwin Jack Green Borroloola Bill Danks Darwin Keith Rory Borroloola David Kenyon Darwin East Garrick George Nicholson River James Sing Darwin West Richard Dixon Robinson River Les Waters Darwin South David Harvey North Barkly Margaret Daiyi Darwin South West Shannon Dixon Murranji Donna Sullivan Daly River Brian Limerick Alexandria Matthew Shields Daly River North David Cutta Brunette Downs John Sullivan Daly River West Elaine Sandy Elliott Elizabeth Sullivan Pine Creek Gordon Noonan Rockhampton Downs John Wilson Peppimenarti John Finlay Wombaya Wally Minjin Palumpa Jason Bill Muckaty Cyril Ninnal Port Keats Hazel Shadforth * Borroloola Leslie Smiler Port Keats North Vacant * Barkly WEST ARNHEM (12) WARD NGUKURR (9) WARD John Christophersen Cobourg (Executive) Virginia Nundhirrbala Numbulwar (Executive) Bunug Galaminda Warruwi Faye Mangurra Numbulwar Jenny Inmulugulu Warruwi Timothy Wurramara Numbulwar Jonathan Nadji Kakadu Peter Lansen Nutwood/Cox River Otto Dann Gunbalanya Keith Farrell Hodgson Downs Dean Yibarbuk Gunbalanya Gordon Nawundulpi Ngukurr Wayne Wauchope Gunbalanya Gregory Daniels Ngukurr Matthew Ryan Maningrida Walter Rogers Ngukurr Julius Kernan (Clint) Maningrida Grace Daniels Urapunga Dene Herreen Maningrida Helen Williams Maningrida Matthew Ngarlbin (Cooper) Minjilang

44 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

VICTORIA RIVER DISTRICT WARD KATHERINE (7) WARD (6 + 2 Co-opted) Samuel Bush-Blanasi Beswick Raymond Hector (Executive) Pigeon Hole (Chairman) George King Yingawunarri Helen Lee (Executive) Barunga George Campbell Yarralin Bill Harney Katherine Jack Little Bulla Lisa Mumbin Katherine Shadrack Retchford Amanbidji Desmond Lindsay Weemol Larry Johns Timber Creek Lloyd Murray Bulman Elaine Watts * VRD Clive Roberts Mataranka/Djimbra Vacant * VRD * Co-opted Women’s Positions

EAST ARNHEM WARD (16 + 1 Co-opted)

David Djalangi (Executive) Galiwinku Don Wininba Galiwinku Jason Guyula Galiwinku Kenny Djekurr Guyula Galiwinku Banambi Wunungmurra Yirrkala Dhuwarrwarr Marika Yirrkala Yananymul Mununggurr Yirrkala Jonathon Nunggumajbarr Blue Mud Bay Jabani Lalara Blue Mud Bay Wesley Bandi Bandi Gapuwiyak Bobby Wunungmurra Gapuwiyak David Marpiyawuy Milingimbi Richard Dadarr Barakal Milingimbi David Rumba Rumba Ramingining David Warraya Ramingining Djawa Yunupingu Ski Beach Caroline Dhamarrandji * East Arnhem

Northern Land Council Annual Report 2013-2014 45 The Northern Land Council: Our Land, Our Sea, Our Life

Council Meetings

Full Council

MEETING DATES LOCATION

107th 18th – 22nd November 2013 Rydges Darwin Airport Resort, Darwin 108th 12th – 16th May 2014 YMCA, Katherine

DARWIN/DALY/ PROXY 107th PROXY 108th BORROLOOLA/ PROXY 107th PROXY 108th WAGAIT BARKLY

John Daly ∕ ∕ Leonard Norman ∕ ∕ (Deputy Chairman) (Executive) Bill Risk ∕ ∕ Jack Green ∕ ∕ (Executive) Keith Rory ∕ ∕ Bill Danks ∕ ∕ Garrick George ∕ Timothy Lansen David Kenyon ∕ Graham Kenyon Richard Dixon ∕ ∕ James Sing ∕ ∕ David Harvey ∕ Mon - Tue Les Waters Tue – Fri Calvin Deveraux Shannon Dixon ∕ ∕ Margaret Daiyi ∕ ∕ Brian Limerick ∕ ∕ Donna Sullivan absent ∕ David Cutta ∕ ∕ Matthew Shields ∕ ∕ Elaine Sandy ∕ ∕ John Sullivan ∕ ∕ Gordon Noonan ∕ Claudette Albert Elizabeth Sullivan ∕ ∕ John Finlay ∕ ∕ John Wilson ∕ absent Jason Bill ∕ ∕ Wally Minjin ∕ ∕ Hazel Shadforth ∕ ∕ Cyril Ninnal absent ∕ Vacant Womens - Leslie Smiler ∕ ∕ Barkly

46 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

WEST ARNHEM PROXY PROXY Elaine Watts ∕ ∕ 107th 108th Vacant Womens Position John Christophersen ∕ ∕ (Executive) EAST ARNHEM PROXY PROXY Bunug Galaminda ∕ ∕ 107th 108th

Jenny Inmulugulu ∕ Apology David Djalangi (Executive) ∕ ∕ Jonathan Nadji ∕ Absent Don Wininba ∕ ∕ Otto Dann vacant ∕ Jason Guyula ∕ ∕ Dean Yibarbuk ∕ Kevin Buliwana Kenny Djekurr Guyula ∕ ∕ Wayne Wauchope ∕ ∕ Banambi Wunungmurra ∕ Colin Matthew Ryan ∕ ∕ Yunupingu Julius Kernan (Clint) ∕ ∕ Dhuwarrwarr Marika ∕ Absent Dene Herreen ∕ Apology Yananymul Mununggurr ∕ ∕ Helen Williams ∕ Shane Namanurki Jonathon Nunggumajbarr ∕ ∕ Matthew Ngarlbin ∕ ∕ Jabani Lalara ∕ ∕ (Cooper) Wesley Bandi Bandi ∕ ∕ Bobby Wunungmurra ∕ ∕ NGUKURR PROXY PROXY 108th David Marpiyawuy ∕ ∕ 107th Richard Dadarr Barakal ∕ ∕ Virginia Nundhirrbala ∕ ∕ David Rumba Rumba ∕ ∕ (Executive) David Warraya ∕ Apology Faye Mangurra ∕ ∕ Djawa Yunupingu ∕ ∕ Timothy Wurramara ∕ ∕ Caroline Dhamarrandji - ∕ Peter Lansen ∕ ∕ Keith Farrell ∕ ∕ KATHERINE PROXY PROXY Gordon Nawundulpi ∕ ∕ 107th 108th Gregory Daniels ∕ ∕ Samuel Bush-Blanasi ∕ ∕ Walter Rogers ∕ ∕ (Chairman) Grace Daniels ∕ ∕ Helen Lee (Executive) Wed – Fri ∕ Bill Harney ∕ ∕ VRD PROXY PROXY Lisa Mumbin Tue - Fri Tue - Fri 107th 108th Desmond Lindsay ∕ ∕ Raymond Hector (Executive) ∕ ∕ Lloyd Murray ∕ ∕ George King ∕ Mon only Clive Roberts ∕ ∕ George Campbell ∕ Apology Jack Little ∕ Apology Shadrack Retchford ∕ Mon - Tue Larry Johns ∕ ∕

Northern Land Council Annual Report 2013-2014 47 The Northern Land Council: Our Land, Our Sea, Our Life

Executive Council Meetings

Table 2: Executive Council Meeting dates and attendance record during 2013-14

MEETING DATE LOCATION ATTENDEES APOLOGIES

158th 04.09.13 – NLC Office Wali Wunungmurra, 05.09.13 45 Mitchell Street Samuel Bush-Blanasi, Bill Risk, Darwin Bunug Galaminda, Dhuwarrwarr Marika, George King, Peter Lansen, Leonard Norman, Helen Lee 159th 06.11.13 – NLC Office Wali Wunungmurra, George King, 07.11.13 45 Mitchell Street Samuel Bush-Blanasi, Bill Risk, Leonard Norman Darwin Bunug Galaminda, Dhuwarrwarr Marika, Peter Lansen, Helen Lee 160th 11.12.13 Double Tree Hotel Samuel Bush-Blanasi, John Daly, David Djalangi Alice Springs Bill Risk, John Christophersen, Raymond Hector, Virginia Nundhirribala, Helen Lee, Leonard Norman 161st 03.02.14 – Rydges Darwin Samuel Bush-Blanasi, John Daly, 05.02.14 Airport Hotel Bill Risk, John Christophersen, Darwin Raymond Hector, Virginia Nundhirribala, Helen Lee, Leonard Norman, David Djalangi 162nd 03.04.14 – Crocodile Hotel Samuel Bush-Blanasi, John Daly, John Daly (on NLC 04.04.14 Jabiru Bill Risk, John Christophersen, business from Raymond Hector, Virginia 1.30pm 3rd April) Nundhirribala, Helen Lee, Leonard Norman, David Djalangi 163rd 11.05.14 NLC Office Samuel Bush-Blanasi, John Daly, John Christophersen Katherine Bill Risk, John Christophersen, (from 3.30pm) Raymond Hector, Virginia Nundhirribala, Helen Lee, Leonard Norman, David Djalangi 164th 07.06.14 – Barunga Samuel Bush-Blanasi, David Djalangi, 08.06.14 Bill Risk, Raymond Hector, Leonard Norman, John Christophersen, John Daly Virginia Nundhirribala, Helen Lee 165th 19.06.14 – Rum Jungle Samuel Bush-Blanasi, Bill Risk, David Djalangi, 20.06.14 Motor Inn Helen Lee, John Christophersen, Leonard Norman, Bachelor John Daly, Virginia Nundhirribala, Raymond Hector (Day 1) Raymond Hector (Day 2)

Right: Meeting at NLC headquarters to mark the Bombing of Darwin Anniversary, 19 February 2014. From left: Marine Colonel Matt Puglisi, NLC CEO Joe Morrison, NLC Chairman Samuel Bush-Blanasi and US Ambassador John Berry

48 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Regional Council Meetings

Table 3: Regional Council Meeting dates and venue during 2013-14

REGION DATE LOCATION

Borroloola/Barkly 16th – 17th October 2014 NLC Office Tennant Creek 20th – 21st March 2014 NLC Office Katherine Darwin/Daly/Wagait 20th – 22nd August 2014 Mary River Resort 26th – 27th March 2014 Rum Jungle Motor Inn Bachelor East Arnhem 8th – 19th September 2014 Walkabout Hotel Nhulunbuy 9th – 10th April 2014 Walkabout Hotel Nhulunbuy Katherine 1st – 3rd October 2013 * Katherine Cultural Centre 5th – 6th March 2014 NLC Office Katherine Ngukurr 1st – 3rd October 2013 * Katherine Cultural Centre 18th – 19th March 2014 NLC Office Katherine VRD 1st – 3rd October 2013 * Katherine Cultural Centre 4th – 5th March 2014 NLC Office Katherine West Arnhem 10th – 11th September 2013 Hilton Hotel Darwin 13th – 14th March 2014 Aurora Resort South Alligator

*refers to combined Katherine/Ngukurr/VRD Regional Council Meeting

Northern Land Council Annual Report 2013-2014 49 The Northern Land Council: Our Land, Our Sea, Our Life

Our People

50 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Our values are informed by the values of the The Leadership Group is the principal mechanism Aboriginal people of our region and are consistent for information sharing and with Commonwealth standards. We try and act in co-ordination between accordance with these values at all times. branches of the Northern Land Council. This group meets regularly or as required to With those values in mind, Organisation address strategic, complex or the diversity of skills and Administration urgent and significant issues. experience of staff helps to The Chief Executive Officer’s build strong relationships and The Chief Executive Officer is accountability is further effective partnerships and responsible for the day-to-day supported through internal undertake to: administrative operations of committees and structures » Consult with and act with the Northern Land Council, which help to ensure all the informed consent in close consultation with the legislative and statutory of traditional owners in Chairman and Leadership requirements are complied accordance with the ALRA. Group. The Chief Executive with and that the NLC Officer is also responsible » Communicate clearly with performance outcomes are for the leadership and Aboriginal people taking organised and managed in an management of the into account the linguistic effective manner. diversity of the region. organisation, implementing the decisions of the Full Council » Respect Aboriginal law concerning the strategic and tradition. direction and priorities » Be responsive to Aboriginal and driving organisational peoples’ needs and performance to achieve results. effectively advocate for The position is accountable to their interests. the Chair, the Executive and » Be accountable to the the Full Council for the efficient people we represent. management and governance » Behave in a manner that is of the organisation. appropriate and sensitive to The Chief Executive Officer is cultural differences. supported by branch Managers. » Act with integrity, honesty These officers comprise and fairness. the Leadership Group, and » Uphold the principles and provide positive and visible values of social justice. leadership and stewardship. The group is accountable to » Treat our stakeholders the Chief Executive Officer for with respect. ensuring the highest standards of corporate governance for the NLC.

Left: Daniel Mulholland, NLC Senior Project Officer, Borroloola, beside a graffitied sign near Bing Bong Port

Northern Land Council Annual Report 2013-2014 51 The Northern Land Council: Our Land, Our Sea, Our Life

Organisational Structure

Traditional Aboriginal Owners

Full Council

Regional Executive Women’s Sub Council Council Committee

Other Key Stakeholders » Australian Government Chairperson » Northern Territory Government » Local Government Shires » Industries—Mining, Pastoral, Tourism, Fishing » Businesses CEO » Non Government Organisations

Corporate Regional Caring for Minerals & Secretariat Legal Anthropology Services Development Country Energy

Council s19 Mineral & Finance Litigation Native Title Parks Petroleum Liaison Land Use Agreements Exploration

Human Commercial Land Interest Regional Media Rangers Environmental Resources Agreements Reference Offices

Information Dispute Regional Policy Technology Resolution Anthropology

Jobs & Career Property Mapping Services

Information Management

52 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Branch Overview

Anthropology The Full Council takes advice The branch includes the from this branch whether following sections: Robert Graham decisions made were well Branch Manager informed and made in Minerals and Energy Robert Graham returned to accordance with traditional Rhonda Sarmardin the Anthropology Branch decision making processes. Manager Manager in January 2014 after completing his Acting Corporate Services Rhonda Sarmardin has Chief Executive Officer period been Branch Manager since Steven Lawrence following the commencement 2013. This branch receives Acting General Manager of the newly-appointed Chief and processes exploration Corporate Compliance Executive Officer, Joe Morrison. and petroleum applications, This branch provides the manages environmental and This branch predominately financial administration and rehabilitation matters relating employs regional operational funding to meet to granted tenements. anthropologists, mapping strategic plan outcomes. experts and administrative staff. Caring for Country This branch includes sections A key objective of NLC is to known as finance, royalties, Justine Yanner assist Aboriginal people to human resources, information Manager obtain and or acquire property technology, property Justine Yanner has been the rights. This branch meets management and information Branch Manager since 2006; elements of those outcomes management. based around performing land this branch includes Parks and claims, native title claims and This branch oversees the Caring for Country rangers. other acquisition support. corporate compliance of the organisation. Regional Development Cultural heritage, site clearances and geographic Jonathan McLeod information services and Manager mapping tools are essential Jonathan joined the NLC elements to hold appropriate in September 2011 and consultations. However, it is manages the regional office the Land Interest Reference network, Indigenous pastoral Register that informs staff program and the s19 land use whom they need to consult. agreement section.

Northern Land Council Annual Report 2013-2014 53 The Northern Land Council: Our Land, Our Sea, Our Life

Legal Management of Human Resources

Ron Levy Figure 1: Staff Profile includes ABA, Native Title and Grant funded positions Principal Legal Officer The Legal branch provides BRANCH STAFF INDIGENOUS legal advice and representation NUMBERS OFFICERS to the Northern Land Council, traditional owners SECRETARIAT 13 9 and Aboriginal corporations, CORPORATE SERVICES 39 22 including in relation to agreements, litigation and MINERALS AND Energy 9 2 law reform. REGIONAL DEVELOPMENT 40 25 Secretariat caring for country 22 6 WOC Rangers 41 41 Trish Rigby Acting Manager ILC Rangers 11 11 Trish Rigby began Acting ANTHROPOLOGY 26 5 Senior Policy Advisor from LEGAL 16 4 January 2014 following the TOTALS 217 124 resignation of Syd Stirling. The Secretariat branch works closely with the Chairman and the Chief Executive Officer. Figure 2: 5 Year Trend - Full Time Employment Statistics The core services that lead to strategic plan outcomes are provided through advocacy 300

services on behalf of Aboriginal 250 people that raise the public image and awareness of 200 the NLC. 150 Secretariat provides administrative support and 100 co-ordinates all council 50 meetings, provides close council member liaisons, 0 networks with external media 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 and leads the organisation Staff Employed Indigenous Staff in research and policy development. The jobs and career services unit is part of the Secretariat branch.

54 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Enterprise Agreement School Based Safe Work Environment Negotiations Trainee Program The NLC is determined to Negotiations continue between NLC’s pilot school based trainee provide a safe and healthy NLC staff, the Community program for young Indigenous workplace for all workers and and Public Sector Union (on youth has been successful stakeholders and is firmly behalf of members) and NLC with student (Lei-Lairne committed to the continuous management on a new NLC Waldock) from Palmerston High improvement process outlined Enterprise Agreement. School achieving a Certificate in the Work Health Safety Act II in Business. Lei-Lani has Learning and Development 2011 through effective WHS continued with NLC progressing plans, policies and procedures. In conjunction with Human to Certificate III in Business Resources, Biznorth Pty which she is currently working NLC appointed a WHS Ltd has been engaged to in the Finance section. Co-ordinator to work in the undertake a review of the staff head office in Mitchell Street NLC aims to continue to have development and training to assist with the development, more school based trainees as strategy. This involves an implementation and continuous part of workforce planning. audit of the training function; improvement of WHS strategies, developing a skills matrix Workforce planning policies and procedures and to for each role; undertaking assist in ensuring the NLC is The leadership group a staff skills gap analysis; compliant with the regulator’s completes workforce planning identifying mandatory training audit requirements. through the management and its cycle; reviewing the plan and estimates processes A WHS Officer was also performance appraisal system at the beginning of each appointed to work in the Smith to include mandatory training; calendar year in preparation Street office. Key deliverables review the training recording for estimates bids for the next include increasing capacity systems; development training financial year. across the Working on Country calendar and training policy program, including the land & and procedures. The NLC employs 217 people sea management section. The on continuous or fixed The outcome will result in a officer promotes work health term employment. Casual fully functioning cost effective and safety compliance and employees are also engaged approach to training that awareness, and monitor safety on an ad-hoc basis. During the is measurable and can be related functions - including dry season, April to November, adequately maintained. risk assessments and training remote field work increases at relevant remote locations in An extension of the strategy and the workforce can increase liaison with the WHS will include the exploration of to over 500 employees. Co-ordinator. options in governance training for Council members.

Northern Land Council Annual Report 2013-2014 55 The Northern Land Council: Our Land, Our Sea, Our Life

As at June 2014 the NLC has Work Health & Safety » WHS safety handbook one current Comcare claim Initiatives developed for regional in progress. There was one ranger groups. Initiatives include: quad bike incident reported, » WHS information, safety which represented a significant » Employment of two WHS bulletins and contact details reduction from the previous workers. now available on the NLC year. The number of workplace » Workplace WHS inspections intranet. incidents and accidents have commenced. remains low. NLC workers The proposed upgrade of the » Hazard identification and NLC vehicle fleet is ongoing. All carry out their duties in remote risk analysis commenced. and inhospitable environments NLC vehicles are now equipped and the low number of claims » Existing policies and with a GPS tracking system is testimony to the employees’ procedures are being to enable assistance in an skill and workplace safety reviewed and updated emergency. awareness. to comply with relevant legislation. NLC will provide initial and ongoing training for Health and The WHS committee meets » WHS manual, audit plan and regularly, has implemented Safety Representatives, the WHS management systems WHS committee, emergency new policies and procedures have been drafted and continues to promote a safe wardens and first aid officers. work culture within the NLC.

Simon Ashley from Beswick competes in the spear-throwing contest, Barunga Festival, June 2014

56 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Performance against the the APS Statistical Bulletin. participation and create a more National Disability Strategy These reports are available inclusive society. A high level at www.apsc.gov.au. From two-yearly report will track Since 1994, Commonwealth 2010-11, departments and progress against each of the six departments and agencies agencies are no longer outcome areas of the Strategy have reported on their required to report on these and present a picture of how performance as policy functions. people with disability are adviser, purchaser, employer, faring. The first of these The Commonwealth Disability regulator and provider under reports will be available in Strategy has been overtaken by the Commonwealth Disability late 2014, and can be found the National Disability Strategy Strategy. In 2007-08, reporting at www.dss.gov.au. on the employer role was 2010-2020, which sets out a ten transferred to the Australian year national policy framework Public Service Commission’s to improve the lives of people State of the Service Report and with disability, promote

Northern Land Council Annual Report 2013-2014 57 The Northern Land Council: Our Land, Our Sea, Our Life

Performance

58 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Permits

Objective: Achievements:

The NLC continues to provide Access to Aboriginal land is managed effectively and information about permit efficiently. requirements and efficiently processes applications. The ALRA made Aboriginal In addition to opening specified Permits can be made available land private land and regulated areas to the public, the new for collection from regional the entry of persons without legislation allows certain offices. Special arrangements estates or interests in the land government workers to enter are possible if permits can’t be or traditional rights in the land. and remain on Aboriginal land. collected in person. Amendments to the ALRA that These changes did not lapse at In terms of the Blue Mud Bay took effect in 2008 removed the conclusion of the five year decision, it is encouraging that the need for certain people NTER period. individuals continue to apply to obtain permits in certain This statutory protection from on-line for permits which are circumstances. prosecution should not be issued automatically. Separate Permits are no longer required confused with a right to enter access consultations continue for anyone in “common areas” and remain on Aboriginal to be focussed on the high within “community land”. land without a permit – work recreation and commercial “Community land” refers to permits should still be sought fishing areas of intertidal zone the 5-year lease boundaries in all circumstances. The adjoining Aboriginal Land Trusts. drawn around each of the NLC still wants the permit communities prescribed in the system to be reinstated, while Outcome: Northern Territory Emergency ensuring that government A significant amount of work Response (NTER). agents and journalists working has been achieved in gaining in a professional capacity (for Permits are no longer approvals from relevant Traditional example, in order to attend court required for anyone entering Owner(s) or permit delegates sessions) can enter Aboriginal communities by aircraft or boat across all regions. Work-related land without a permit. so long as the landing place permits are dealt with as a (i.e., airstrip or boat ramp) is However, government priority and it is pleasing that an not part of a private lease and employees and contractors increased number of government, so long as there are roads engaged in extracurricular contractors and other agencies that provide access from the activities without a permit (like wishing to access Aboriginal landing place to the community hunting or motor biking) may land are applying for permits. common areas. still be prosecuted. More than 63% of permit The NT Police have the The NLC encourages all applications are processed power to fine and remove members of the public to obtain within a 10-day timeframe. people in violation of permit permits, as movement records Complex research and media requirements. No prosecutions can be useful in the event of an applications may require legal, may take place without the emergency, or notification of media and anthropological authorisation of the Northern road closures. input and take longer. Land Council. A new permit information management system has been developed internally and progressively trialled. It will be fully operational in the latter half of 2014.

Northern Land Council Annual Report 2013-2014 59 The Northern Land Council: Our Land, Our Sea, Our Life

Indigenous Pastoral pastoralists in the Gulf Region for grazing to improve land Program 2013 – 2014 was delivered during May management and sustainability 2014. The workshop was outcomes. Land management The Indigenous Pastoral regarded as successful and funding has been provided to Program (IPP) is a multi-agency strongly supported with expert manage feral animals, support partnership that includes trainers and local attendance, noxious weed control and assist the Northern Land Council, 32 participants achieved with managing soil erosion. 98 training outcomes during Central Land Council (CLC), The IPP Strategic Plan the workshop. Northern Territory Cattlemen’s also supports the NLC’s Association (NTCA), Department Under the Strategic Plan, development of new of Resources, Department of program support is identified section19 agreements to Education, Employment and for funding infrastructure enhance Indigenous pastoral Workplace Relations (DEEWR), development on four properties development and industry and the Indigenous Land to support Indigenous participation. Corporation (ILC). pastoralists achieving IPP has committed to the increase efficiencies and The Indigenous Pastoral Business Management improving operational capacity. Program (IPP) continued Advisory Project (BMAP) to Infrastructure projects throughout the year to work with two Indigenous commenced during the provide support to developing pastoral businesses to develop reporting period across the NLC Indigenous pastoral enterprises improved administration, region include a new cattle yard across the Northern Land herd management and land with a 2000-head operational Council Region to six properties. management outcomes. capacity. The new yard will have The project will continue Support has included engaging greatly improved Work Health throughout the 2014-2015 consultants to carry out Natural Safety and Animal Welfare period with regular contact Resource Audits on three outcomes and will have the and business mentoring. properties and include the scope to be used as a training establishment of Rangeland facility for local Indigenous The IPP partner agencies Monitoring Points to monitor pastoralists. working group meets twice and evaluate long term changes yearly to plan and prioritise Other infrastructure projects in land condition. Training via Indigenous pastoral support throughout the region include the Annual IPP Indigenous activities and coordinate agency new and or improved stock Cattlemen’s Workshop in support across the NLC and water facilities, new fencing animal husbandry and colt Central Land Council regions. breaking for Indigenous to further develop areas

Indigenous students receive instruction on animal husbandry techniques from a vet at Robinson River in May 2014

60 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Buffalo culling, Arnhem Land

Northern Land Council Annual Report 2013-2014 61 The Northern Land Council: Our Land, Our Sea, Our Life

NLC rangers monitoring endangered species habitat Land and Sea Management and Natural Resources

62 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

plant and animal species, Caring for Country and by a range of land use activities and pressures. NLC Traditional owners are assisted to manage land, rangers utilise traditional and modern management practices sea and natural resources in a sustainable manner. to assist traditional owners The capacity of ranger groups is developed to in their ongoing struggle facilitate long term viability. to protect biodiversity and conserve cultural heritage. ALRA and the United Nations Providing environmental Working in Declaration on the Rights of and support services across Partnerships Indigenous Peoples recognise 210,000sq km of Northern that Indigenous people are Territory land and 2,702sq km The NLC actively supports intrinsically entwined with of water, the NLC Caring for and facilitates the work of water and land. This principle Country team engages in an Aboriginal people in the underpins the Caring for extensive regime of planning, maintenance of cultural Country program, which implementation, and reporting. responsibilities and obligations actively supports traditional to care for each other, and The lands and waters of the owners in establishing land, waters and seas within Northern Territory are some of grass-roots land and sea Indigenous estates. the most intact and biologically management initiatives The work of the NLC ranger diverse land and seascapes across the network of remote teams is guided by the in Australia. The values which homelands, and in community values and aspirations of the the rangers work to protect centres. and enhance are described by custodians of Indigenous law The Caring for Country the traditional owners in the and culture (the traditional program prioritises cultural planning sessions. Cultural, owners), and in facilitating law and traditional knowledge, historic and environmental the implementation of those skills and practices, and values demand a range of aspirations, the NLC has encourages interaction with developed a suite of local, protective and pro-active regional, Territory and national measures as mitigation against partnerships. the threats posed by invasive

NLC rangers clearing stray cattle which have damaged a billabong

Northern Land Council Annual Report 2013-2014 63 The Northern Land Council: Our Land, Our Sea, Our Life

western science research, country with rangers. TerritorryNRM, Charles Darwin theory, and practices in an University, the Australian The NLC also provides effort to maintain Northern National University, and Bush leadership in, and facilitation Territory biodiversity and the Heritage Australia. of, the humane management sustainable use of wildlife. of invasive vertebrates such Yugul Mangi women rangers The land and sea managers as buffalo and pigs. Current continued their intensive also provide important work in the Finniss Catchment monitoring work in partnership environmental services for and at the Arafura Swamp in with the ANU’s Centre for partner organisations where partnership with TerritoryNRM, Aboriginal Economic Policy appropriate. The NLC has is mapping infestations with a Research, and the Wagiman actively bridged relationships view to culls where significant ranger group continued fish in order that traditional owners environmental damage is surveys in the Daly River. can engage in cost recovery documented. contracts as a step along the NT Fisheries branch provided path to economic wellbeing. The NLC has working toward a river vessel for the Malak the establishment and Malak ranger group and The NLC has also provided declaration of Indigenous this partnership has not leadership and support in Protected Areas (IPAs). The only extended the capacity the area of fire management IPA work requires extensive for the ranger group to for remote communities. In consultation and research increase access to riparian partnership with other ranger work in collaboration with weed infestations, but has groups, and with the Central consultants, scientists, strengthened the capacity of Land Council, the Carpenteria government agencies and NT Fisheries to monitor activity Land Council Aboriginal field NGOs. Bush Heritage on the river. Corporation, and a number Australia, the Australian of NGOs and government The Garawa / Waanyi Garawa National University, and the agencies, the NLC is engaged ranger group have undertaken Yugul Mangi Development in extensive carbon abatement their annual burning program Aboriginal Corporation have and carbon sequestration work. in partnership with the all been influential and hard- Carpenteria Land Council Through the collective efforts working partners of the NLC Aboriginal Corporation, of rangers and partner in the progression of the IPA providing a well-structured agencies, and with the growing consultations and plans of regional approach to the support of Northern Territory management. Gulf and savannah land pastoralists, a significant Community land and sea management issues. reduction in wildfire activity has managers continue their Additionally, the Garawa / been achieved. Additionally the working relationships Waanyi Garawa ranger group establishment of a diversity of with the NTG agencies have undertaken research and plant community age ranges, of Fisheries, Bushfires, activities in partnership with created through planned early Weeds, Police, and Marine the Nature Conservancy and burning regimes, provides Services. Additional working with Bush Heritage Australia. optimal conditions for species partnerships are active with biodiversity. Strong financial support is Commonwealth agencies such provided for NLC land and sea The development of early as Customs, the Department management programs by burning continues with a of Agriculture Forestry and funding partners including the growing number of community- Fisheries Biosecurity, and Commonwealth Department led traditional burning patrols the Commonwealth Scientific of Prime Minister and Cabinet along ancient trails, which and Industrial Research through its Environmental provide an opportunity for Organisation (CSIRO). Management Division, the community members of all Research and field monitoring Indigenous Land Corporation ages to spend valuable time on work has been supported by (ILC)), Department of

64 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Agriculture Forestry and The land and sea management The NLC has progressively Fisheries Biosecurity, and the program network reaches lobbied for positive policy Natural Resource Management beyond Territory boundaries. change including the Board (TerritoryNRM). The Seventeen community land co-ordination and consolidation Australian government and sea ranger groups were of funds, the securing of further supports land and sea directly supported by the NLC long-term funding management activities through during the past twelve months, arrangements and the the IPA program. through negotiating funding streamlining of reporting agreements, planning and requirements. This has been A major strategic direction by implementing management achieved in part through the NLC is the empowerment activities, developing regional strong partnerships, of traditional owners in partnerships, coordination monitoring, evaluating leadership and decision of training and career and reporting outcomes, making, and support of good development and provision and raising the profile of governance structures through of human, financial and community land and sea training and support. technological resources. managers.

Garngi Tiwi Mardbalk Crocodile Island Gumurr Marthakal Djelk Dhimurru Adjumarllarl Wanga Djakamirr Kenbi Larrakia Gurruwiling SE Arafura Acacia Larrakia Warddeken Bulgul Yirralka

Malak Malak Mimal Yantjarruu Wagiman Anindilyakwa Asyrikarrak Thamarrurr Kirim Jawoyn Numbulwar Numburindi Yugal Mangi Amalahgayag Inyung

Timber Creek

Lianthawirriyara

Garawa

Waanyi / Garawa Aboriginal Land & Sea Management Groups

Independent Northern Land Council Aboriginal Land Trust Areas

Northern Land Council Annual Report 2013-2014 65 The Northern Land Council: Our Land, Our Sea, Our Life

Achievements

The NLC administered 17 land and sea ranger groups employing 78 full-time equivalent rangers during 2013-2014, with 16 ranger group coordinators, and a head office support team of program coordinators and project officers. Wages and operational funding was provided through the Working on Country (WoC) program and the Indigenous Land Corporation (ILC) program. Casual rangers are an important part of field work, throughout the Northern Cultural and Natural especially for burning and Territory, and all ranger Resource Management weeding work, and the casual teams have found that the work provides supplementary supplement of casual workers Facilitation of traditional income and training for local has allowed significant cultural pursuits is an communities. The NLC has productivity increases during important component of built a network of casual peak work times. Indigenous land and sea contracted Indigenous workers management. People on

66 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Above left: NLC Bulgul rangers country are the eyes and ears significant ceremonial and on sea patrol in partnership with of the NLC in its endeavours to custodial sites. Billabongs, Kenbi rangers protect environmental values rivers, riparian and swamp Left: Malak Malak ranger weeding and conserve biodiversity. lands, coasts, grasslands, waypoints using Google Earth and All planning and work is led remnant rainforest pockets, NLC ToolBox by traditional owners who and fragile stone country are Above: NLC rangers using authorise work in accordance typical areas where delicate Cybertracker to document with agreed work plans, and environmental balances have field information whose aspirations are the been established over millennia core focus of planning and and where landscape scale implementation. As such, planning and management is the cultural imperatives of necessary to conserve values. traditional owners are at the Key NLC ranger activities centre of the values we protect. within a cultural perspective The cultural imperatives of include invasive species traditional owners guide the management (plant and remote Indigenous ranger animal), fire management, groups, and detailed planning sacred site protection, coastal targets the most cost effective zone surveillance, bio-security, way of managing threatening marine species monitoring, processes. Significant weed marine debris management, and animal invasions, and fauna relocations, research, human activities such as visitor and commercial activity mining, infrastructure building, patrolling, and resource-based and recreational activities, enterprise development. can cause great damage to

Northern Land Council Annual Report 2013-2014 67 The Northern Land Council: Our Land, Our Sea, Our Life

Research and planning organisations such as the Centre for Aboriginal Economic Policy Research (CAEPR), the CSIRO, the Nature Conservancy, Bush Heritage, and the Charles Darwin University, actively engage with ranger groups in the field to broaden the data base so that the NLC can make informed management recommendations to traditional owners. Information Technology - Data Collection, Mapping and Reporting An essential part of the rangers everyday work is field data collection. Rangers are using GPS cameras, handheld GPS, Cyber Tracker units and Android tablets to collect data. The data collected by rangers in the field are taken back to the ranger base where it is uploaded into GIS software for viewing and analysis. Data are shared with partner agencies as appropriate.

Above left: NLC burn track plan overlaid on NAFI fire scar map Centre left: NLC rangers planning burns with Bushfires NT Below left: NLC rangers undertaking protective burning around infrastructure Above right: NLC rangers installing Land Trust information sign Below right: NLC rangers field work planning sheet

68 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Rangers utilise the Northern Australian Fire Information maps available on the internet. They inform rangers and traditional owners about past burns and fire scars in order to properly plan burns. Some of the data will be taken out in the field for future work. The maps created by the rangers play an essential role in planning, and in reporting to stakeholders, partner organisations, traditional owners and the local community. The Land and Sea section provides ongoing training and support to all ranger groups including: » General IT support (visiting groups and providing remote support) » On field data collection (visiting groups and providing training workshops) » GIS Software (visiting groups and providing training workshops) » Reporting (visiting groups, providing remote support, and providing training The Land and Sea section is Training in the system has workshops) developing a Cloud-based GIS commenced, and the data data framework called the framework will be rolled out in The Land and Sea IT/GIS Land and Sea ToolBox. This 2014-2015. To accommodate Support Officer visits each in-house software allows an the increased levels of group at least twice a year and efficient method of information information management, is in contact with the rangers storage, management, viewing, the NLC will upgrade ranger on a daily basis for ongoing and generation reports base computers to facilitate support. irrespective of literacy levels. appropriate software. A week-long data collection Once the ToolBox is fully and mapping workshop developed and loaded, data is organised once a year collected by the rangers can be for all sea management shared and backed in the field ranger groups. and in central office.

Northern Land Council Annual Report 2013-2014 69 The Northern Land Council: Our Land, Our Sea, Our Life

Increasing efficiency of land management in the Arafura Swamp

The three ranger groups which The permanent swamps Access to invasive plant and comprise the Arafura Swamp support a diverse range of animal species will be greatly rangers have been working in extensive, intact wetland enhanced, and management conjunction with the support habitats. Much of the coverage productivity increased. staff to improve efficiency of is open paperbark forest and Monitoring programs and management activities. woodland. will also be extended. to improve efficiency of land Because helicopter ferry and The amphibian vehicles will management activities. operation costs are high, the team with quad bikes, utes The Arafura Swamp is a large rangers and support staff and boats to give maximum freshwater basin, around 700sq have decided to acquire two access to the Arafura Swamp km, on the northern coast of amphibian all-terrain vehicles, biosphere for the rangers. Arnhem Land. It occupies the which will greatly increase The vehicles have eight-wheel broad floodplain of the Goyder rangers’ access to critical drive, utilising a skid-steer and Gulbuwangay rivers and areas across all seasons. steering mechanism on land, abuts the tidally influenced Many areas of the Arafura and a hand-tiller operated coastal plain of Castlereagh Swamp are inaccessible when small outboard motor in Bay in the north. rains have rendered the terrain water. They can be rowed and too soft and marshy for normal poled in tight work areas, and land vehicles, and there is have winch capacity for mud insufficient water for access by traversing and recovery. They boat or clear terrain for access are wider and heavier than by air boat. quad bikes and offer more stability and load capacity. They are able to be worked into areas where boats cannot go and have tiller steerage superior to air boats. They Below: Amphibian ATV with are also safer than air boats, crocodile protection cage though slower through the water. On land they are powerful and create low impact with their soft tyres. They have speed and immediate turning capacity when required for pursuit, escape, recovery, and haulage.

70 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Amphibian ATV crossing Murwangi billabong during the test drive with five persons in the Arafura Swamp

Purchase of the amphibian WEED MANAGEMENT FERAL ANIMAL vehicles will produce » Provide greater access to MANAGEMENT productivity increases in: enhance management of » Pig and buffalo control is critical invasions such as essential to preserve the MONITORING AND PLANNING the Olive Hymenachne at the integrity of the biosphere. » Monitoring of native species swamp sources and Mimosa The amphibian vehicles will (crocodiles, goannas, pigra on the eastern side of increase access to difficult snakes, birds, marine the swamp. areas in all seasons. species). » More timely access will be » Rangers’ capacity to control » Monitoring of invasive facilitated to ensure that buffalos as part of the 5 year species (buffalos, pigs, Olive plants are controlled at the Management Plan will be hymenachne, Mimosa pigra, most appropriate times enhanced. Para grass, candle bush). when other vehicle access FIRE MANAGEMENT » Monitoring of sites being is not always available, such » Greater access will be observed for salinity levels as on the Gattji and Balinga available to remote and encroachment into floodplains. creeks and buffalo channels, outstations around the » Candle bush control can and for documenting of Arafura Swamp fringes also be implemented once animal and weed damage. and creeks, for fire amphibian vehicles access management, including is available. access to burning areas » Reduction in expensive and transport of traditional aerial surveys and control owners for planning and time of the Mimosa pigra. leadership.

Northern Land Council Annual Report 2013-2014 71 The Northern Land Council: Our Land, Our Sea, Our Life

ILC Groups

The NLC continues to manage The majority of the Timber All four groups have worked four community ranger groups Creek rangers’ activities have with a small number of core which operated with wage been noxious weed control staff (3-6 contracted rangers) support from the ILC’s Real work on pastoral properties and engaged additional casual Job Programme. These groups that are part of traditional staff to meet their obligations (Kenbi, Yantjarrwu, Timber lands. The group continues to during periods of increased Creek and Bagala) performed be in demand from numerous workload (for example, early a range of cultural and natural landholders and managers in dry season burning). resource management works, the Victoria River region. The groups continue to have as well as cost recovery and Kenbi rangers have undertaken productive relationships fee-for-service work. Aside a variety of economic activities with other agencies and from land management including the maintenance organisations with interests in activities such as fire, weed and security of the old Radio their operations – importantly, and feral animal management, Australia site, environmental the NTG Weed Management groups have also been management of Telstra branch, TerritoryNRM Board involved in the protection of installations and marine and Bushfires NT. culturally significant sites, and mammal monitoring for participated in community, the INPEX Gas project (see cultural and social events. accompanying story, page 77). Below: Timber Creek rangers Two groups (Kenbi and Timber preparing to head out from their Securing steady coordination Creek) have been successful camp at dawn inhibited some groups achieving at pursuing economic their full potential. A difficult activities, using the income to issue has been the ability to supplement their operational secure accommodation for costs. Both these groups have ranger coordinators. established reputations as professional deliverers of land management services.

Early dry season aerial burning conducted in the Yantjarrwu/Wudicapaldiyerr area with guidance and instruction from traditional owners

72 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Parks and Reserves

Joint Management

National Parks and Conservation Reserves

National Parks Reserves and other Conservation Areas Aboriginal Land

Northern Land Council Annual Report 2013-2014 73 The Northern Land Council: Our Land, Our Sea, Our Life

The Northern Land Council (Gregory) National Park, Judbarra / Gregory has a statutory responsibility Mary River National Park, National Park to protect and advocate for the Adelaide River Conservation interests of traditional owners Reserves, Giwining (Flora) The Judbarra/Gregory National of land and sea within its River Reserve and Baranyi Park Joint Management jurisdiction. This also includes National Park. NLC joint Committee has met once this estates leased by the NT and management staff are also year, in early March. The joint Australian governments and involved with the informal joint management partners have included in the national reserve management in Umbrawarra entered a challenging period estate for conservation of Gorge and Tjywaliyn Hot with changes to the structure natural and cultural values Springs. Wardaman Indigenous of joint management funding. and tourism purposes. Protected Area which was The partners are still focused Approximately 44.6% of the NT’s declared in June 2014 is also on employment opportunities national parks and conservation supported by the NLC. for traditional owners on the reserves in the NLC region is Park but the challenge is to The NLC works together with Aboriginal owned. create these opportunities in traditional owners, building a more conservative funding The NLC works closely with on ecological knowledge and environment. traditional owners and the NT developing new capacities Parks and Wildlife Commission to effectively participate in The partners are working and Parks Australia to support joint management of parks together to come up with a and develop joint management and reserves. The NLC is park-specific logo for Judbarra objectives, strategy and instrumental in assisting / Gregory National Park and planning. Collectively, jointly traditional owners to: this was a key focus of the managed parks represent Paperbark Yard Country Camp » Engage in a more equitable held in June this year. The camp a major resource for the manner with Parks and Territory and traditional also focused on connecting Wildlife Commission NT and younger and older generations owners. Potential opportunities Parks Australia by providing and achievements in joint of women on country to share third party technical advice, stories and songs. Two young management are significant support and advocacy. and require adequate » Make informed decisions resources. relating to natural and Traditional owners continue cultural resource use and to build relationships and management proposals. partnerships with governments » Assess the social, cultural, and community and industry environmental and economic stakeholders through implications of legislation jointly managed parks and and proposals affecting conservation reserves. Joint parks and reserves. management agreements are » Protect and enhance embedded in either NT and traditional law and or federal legislation. Such cultural practices. agreements for parks and reserves in the NLC region » Pursue employment and include: Kakadu National business development Park (Commonwealth), opportunities. Nitmiluk National Park, Garig » Manage and Gunak Barlu National Park resolve disputes. (Cobourg Peninsula Sanctuary and Marine Park), Judbarra

74 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

women also collected bush the current work program on The dedication of Stage One medicine and made a video on the Reserve. of the IPA is the culmination bush medicine soap making. of many years of work on the The other main focus for Wardaman IPA Management The traditional owners of Giwinging / Flora traditional Plan and the formation Judbarra / Gregory National owners has again been of Wardaman Indigenous Park have entered into early the Wardaman Indigenous Protected Area Aboriginal planning discussions about Protected Area (IPA). Stage Corporation (WIPAAC), which using rent money generated One of the IPA was dedicated has Directors from each of the from the Park, on community by the Australian government 11 clan groups that make up development projects to benefit in June 2014. Stage One of the the Wardaman language group. communities. The NLC is IPA covers part of Menggen The Wardaman traditional working closely with the CLC’s Aboriginal Land Trust, owners are focusing on Community Development team Yubulyawuyn Aboriginal Land developing strong governance for this project. Trust, Djarrung Community and creating a ranger group to Living Area and Wurkleni manage their IPA lands. Giwining / Flora River Community Living Area. Stage Nature Reserve & Wardaman Two of the IPA will potentially Tjuwaliyn / Douglas Indigenous Protected Area include a section of eastern Hot Springs The Giwining / Flora joint Judbarra /Gregory National Joint management negotiations management partners met Park, Flora River Nature for Tjuwaliyn / Douglas Hot in August 2013. Indigenous Reserve, and two commercial Springs have again been employment on the grazing licence areas over part delayed. However, NLC is Reserve has dropped from of Menggen Aboriginal Land planning to meet with all previous years but the Joint Trust and Dillinya Aboriginal Wagiman traditional owners Management Committee Land Trust. Further work on and re-start discussions on a remains focused on working developing relationships will Joint Management Agreement together and are satisfied with take place prior to dedication for the Hot Springs in July 2014. of Stage Two.

Below left: Judbarra (Gregory) Joint Management Committee – (Back Row) Below right: Cerise and Angelina Chris Griffiths, Basil Murrimal, Reggie Ryan, Larry Johns, Roy Roberts, Kevin Young making a video on how to Bishop, Smiler Largut, Riley Young, John McCartney, Lorraine Jones, Susan make bush medicine soap Jones, Agnes Bishop, Crystella Roberts, Neva McCartney, Cerise Young, (Front Row) Sally Winbirr, Queenie Morgan

Northern Land Council Annual Report 2013-2014 75 The Northern Land Council: Our Land, Our Sea, Our Life

Adelaide River Parks The joint management The park is currently staffed committee is now awaiting the at 75% Aboriginal rangers. The Adelaide River joint parliamentary endorsement of Annual culture camps are the management partners have its joint management plan. highlight of the year for the focused on more efficient families, occurring through use of resources whilst Mary River National Park the mid-year school holidays. also providing opportunity The Mary River joint These are a time to focus on for community groups. management partners have families and culture while Two memorandums of been focused on business also providing some time to understanding (MOU) have opportunities and business complete and communicate been developed in collaboration development. Several delegates other business to the greater with hunting groups of shared attended the Indigenous group of traditional owners. interests, the Field and Game Economic Forum in Alice NT and the Conservation and Outcome Springs in November 2013. The Pest Management Branch of Uwynmil traditional owners are the Sporting Shooters. These The restructure to funding looking at developing tourism partnerships are mutually and Indigenous employment opportunities to add value beneficial, providing effective programs with Parks and to existing operations. The resource management, Wildlife NT is taking time to Limilngan traditional owners community education settle in. The NLC and Parks are pursuing equity interests in opportunities and building Australia staff continue to the Wildman Wilderness Lodge, community relationships. negotiate to have an NLC with negotiations continuing officer dedicated to supporting through the Aboriginal traditional owners and joint Investment Group and management in Kakadu. Indigenous Business Australia. Work has continued to ensure outcomes for traditional

Back row (left to right): Byron Cooper, Henry Yates, Leo Goodman, William Goodman, Darryl Tambling, front row Victor Cooper, Phillip Goodman, Andrew Henda, Graham Kenyon at Wildman Wilderness Lodge

76 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

owners in joint management. Kenbi Rangers Marine Mammal Monitoring – The Indigenous Employment Bynoe Harbour – March 2014 Strategy for Parks and Wildlife NT was endorsed by the NTG Kenbi rangers participated in Rangers were also assigned in late 2013. Parks and Wildlife the Marine Mammal Monitoring position as observers, and NT is working together with Program funded by INPEX as the traditional owners, the Northern and Central through the NTG over 9 days ensuring others involved in Land Councils to develop and at Bynoe Harbour. The NTG the monitoring program were support a joint management also did monitoring work in aware of sacred sites in Bynoe forum. The forum will comprise Darwin Harbour during the Harbour. nominated traditional owners same period. from across the jointly Kenbi ranger Rex Sing was managed parks estate, who Participating Kenbi rangers announced as the overall will be represented at the were Rex Sing, Rex Edmunds number one dolphin spotter for highest level ensuring a higher and Co-ordinator Steven Darwin and Bynoe Harbours degree of equity with relevant Brown. They used two 6 metre as well as leading spotter for partners in government. dinghies and a mother ship. Bynoe Harbour. Rex had 14 sightings in the 9 days in Bynoe Dolphins sighted were Harbour. Below: (left to right) Darryl Tambling, Bottlenose, Humpback and a Robbie Dalton and Valarie Tambling very rarely seen Snubfin. All at the Indigenous Economic Forum sightings were photographed, Below: Snubfin Dolphins in Alice Springs. GPS points recorded, and water sampling done.

Right: Kenbi rangers Rex Edmunds and Rex Sing with Dr Isabel Beasley

Northern Land Council Annual Report 2013-2014 77 The Northern Land Council: Our Land, Our Sea, Our Life

Land Claims and Acquisitions Support Services

78 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

The branch engaged Mr Jeffrey Land Claims Stead OAM, (former branch manager and CEO of the Many land claims were successfully prosecuted by the Aboriginal Areas Protection Authority) to assist the more NLC in past years. Now only a small number remain, recently employed staff in largely to small areas including beds and banks of preparing their research several rivers. The most recent land claims prosecuted and required products. To date Mr Stead has provided by the NLC include Urapunga Station (2001) and most both formal training and recently the Vernon Islands (2008). ‘one on one’ assistance. The work will include both ‘desk top’ research as well as a The Anthropology branch significant field component. has embarked on a research The latter will significantly program aimed at preparing add to the Land Council’s formal anthropological documentation of some documentation (consisting remote, but significant areas of anthropological reports, of the Territory. This includes genealogical material site country visited by the Gregory and dreaming maps) to Expedition in 1855-1856 where some ten claims. These are staff will be able to use the largely to the south and west expedition’s early accounts of Darwin including in the alongside contemporary Legune, Gregory, Victoria and traditional owners. Fitzmaurice Rivers region of the Victoria River District. The coming financial year is expected to see this work completed.

Left: The Federal Court sits at Mataranka: the Hon Justice John Mansfield AM hands down a Native Title consent determination over 16 pastoral leases south west of Mataranka, October 2013

Northern Land Council Annual Report 2013-2014 79 The Northern Land Council: Our Land, Our Sea, Our Life

Support Services regions, in order to capture The following figures show regions of ethnographic the basic demographic Anthropology Branch similarity, thus keeping the characterisation of each NLC Region Statistics regional anthropologist’s anthropology region in terms of focus within a more uniform geographic areas, population The NLC’s Anthropology ontological framework, and to and land tenure. branch divides its regional evenly distribute the workload responsibilities differently of the branch. from the NLC’s administrative

Table 4: Distribution of Aboriginal living areas across NLC anthropology regions Region Major Minor Town Family Grand Camp Outstation Total

Borroloola Barkly 2 3 6 68 79 Central Arnhem 2 3 50 55 Darwin Daly 8 2 7 47 64 East Arnhem 1 5 2 43 50 East Arnhem 2 2 6 39 47 East Daly Waters 1 1 1 3 Kakadu 1 20 21 Katherine 3 2 2 10 17 VRD 2 5 2 15 24 West Arnhem 4 1 47 52 West Daly Waters 1 1 6 8 Grand Total 29 26 19 346 420

80 Northern Land Council Annual Report 2013-2014 Red Flag dancers from Numbulwar at Barunga Festival, June 2014

Figure 3: Estimated populations across NLC’s region Region Estimated Central Arnhem Greater Darwin West Arnhem population Census Region Greater Darwin 11,101 NHULUNBUYNH Census Region DARWINWINWWI 1877 Eastst Arnhem 2 West Arnhem Kakadu East ArnhemAr 1 Central Arnhem 2577 Katherineerinrin DarwinD DalyDa East Arnhem 1 3457 KATHERINE East Arnhem 2 1928 Katherine 2934 VRD West Daly EEast Daly Waters BORROLOOLARRROO Kakadu 2515 Watersers Borroloola Barkly Darwin Daly 4244 VRD 1488 Elliott West Daly Waters 1414 East Daly Waters 993 Borroloola Barkly 2968 Elliott 304 TENNANT CREEK

Northern Land Council Annual Report 2013-2014 81 The Northern Land Council: Our Land, Our Sea, Our Life

Table 5: Aboriginal owned land and native title interests

REGION ALRA Native Land Title Trust Interests (ALT) (NT) Other % % %

Borroloola Barkly 17.79 75.77 6.44 Central Arnhem 100.00 0.00 0.00 Darwin Daly 45.78 23.79 30.43 East Arnhem 1 100.00 0.00 0.00 East Arnhem 2 100.00 0.00 0.74 East Daly Waters 25.88 73.37 0.74 Below: The NLC’s key role in negotiations for the Alice Kakadu 29.22 17.72 53.06 Springs – Darwin railway line was Katherine 68.08 21.01 10.91 remembered at the 10th Anniversary celebrations in January 2014 to Elliott 9.18 87.99 2.83 mark the completion of the line. Left Executive Member Bill Risk VRD 26.68 54.04 19.28 with former NT Transport Minister West Arnhem 100.00 0.00 0.00 Barry Coulter, at the celebrations at Berrimah West Daly Waters 13.96 76.51 9.53

82 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

A Selection of the divestment of Fish River Ngukurr & Borroloola Anthropology property to traditional owners; Barkly Region Native Title authorisation Region Profiles meetings for gold exploration in Mineral and petroleum the Pine Creek region; working exploration work has Darwin Daly Wagait been steadily rising in this Port Keats Region on joint management for Tjuwaliyn Douglas Hot Springs, anthropology region and The land tenure of this and a mustering agreement on the NLC has consulted anthropology region is largely Benung for Wagiman. with traditional owners Aboriginal Land Trusts for Bing Bong Port, Gum Consultations over a diverse administered under the ALRA, Creek, Ngukurr, Minyerri, range of activities included in particular the: Mittiebah, Lorella, Beetaloo, finalising arrangements for the McArthur River, Spring Creek, » Daly River Port Keats new Peppimenarti Store and Manangoora, Greenbank, » Malak Malak manager’s house construction Kiana, and Billengarrah. » Upper Daly to begin this dry season; NTG Mineral Extraction Agreement The NLC has been involved in » Wagiman No.1 & No.2 setting a standard price for leasing agreements for the » Finniss River gravel and sand, and the Heartbreak Hotel, grazing on » Delissaville, Wagait Larrakia realignment, lifting, widening the Mambaliya Rhumburriya and sealing of a section of Wuyaliya Aboriginal Land » Gurundju Aboriginal Trust (Balbarini), Carpentaria Land Trusts. the Port Keats Road between Chalanyi Creek and the Little Highway Corridor changes as Pastoral and native title Moyle River; ongoing Blue well as negotiating gravel pits land interests make up Mud Bay consultations over for the upgrading of the road approximately forty percent the intertidal areas that for Balbarini and Narwinbi of the area. adjoin Aboriginal land; and, a Aboriginal Land Trusts and a new ranger base at Black A wide range of activities other combined site survey with the Aboriginal Areas Protection Rock outside Borroloola and than government services is Barranyi National Park. currently being undertaken in Authority on Cox Peninsula as this region, including crocodile part of the settlement of the Kenbi Land Claim. Below: NLC lawyer Bob Gosford egg collecting on several of the in Borroloola with Balbarini and Land Trusts; working towards Narwinbi traditional owners, March 2014

Northern Land Council Annual Report 2013-2014 83 The Northern Land Council: Our Land, Our Sea, Our Life

The NLC has been talking with sacred sites (djang) affiliated to younger generations. In this families from Anthony Lagoon the group. However affiliations financial year there was one and the progression of the to country are very complex extensive site survey conducted families’ push for a Community and besides the land owning by a consultant and the NLC Living Area. clan group with primary regional anthropologist with rights there can be many traditional owners. The NLC has assisted Telstra other groups or individuals with the setting up of two Consultations regarding leases with interests in a particular towers in the Garawa Land over lots in the communities country through certain kinship Trust near Robinson River have continued over the last connections, company and township. Talks are underway financial year and led to many ceremonial relationships. with the NTG for proposed new ALRA section 19 land bridges across the Wilton and A major part of consultation use agreements being given Roper Rivers which will allow work in the region concerns to governmental institutions, almost year-round access to mining exploration activity. private entities and Aboriginal Ngukurr, effectively meaning In this financial year the corporations. wet-season closures of longer regular yearly meetings At Warruwi, traditional owners than a week should not occur. were conducted for about 15 decided to lease eight lots tenements, at which traditional The NLC has also been involved to the Yagbani Aboriginal owners approve the company’s with contracts for buffalo Corporation amongst work program for the coming mustering north of Ngukurr others for the purposes of dry season. At these meetings and these talks are ongoing. accommodation, training, traditional owners also give a women’s centre and arts instructions to the NLC on West Arnhem Land Region centre. Traditional owners of how they would like to have Maningrida have established The West Arnhem Land the royalties distributed, which the Dhukurrdji Development anthropology region covers the were paid by the companies for Corporation as a response western part of the Arnhem the previous year’s work. Land Aboriginal Land Trust, to the Northern Territory extending from the border There were also nine Emergency Response of the Kakadu National Park consultations regarding new compensation payments to in the west to east of the exploration licence applications realise business opportunities Liverpool and Mann Rivers, (ELAs). At the request of and support community including the islands of Croker, traditional owners, some ELAs development. South and North Goulburn. will involve NLC to facilitate site Other continuing land use Its major communities are surveys with knowledgeable activities in this region are the Gunbalanya, Maningrida, traditional owners to identify harvesting of crocodile eggs Minjilang and Warruwi, and map sacred sites within carried out by five different and there are many family the tenements before a final companies throughout the outstations across the region, meeting can be held. region and a high number mainly located along the rivers Such cultural site surveys of tourist activities, such as or parts of the coast. are an important part of cultural tours from Kakadu The traditional ownership of anthropological work in the National Park, including this region consists of nearly region. Not only do they enable the Injalak Art Centre in 90 patrilineal local descent or traditional owners to identify Gunbalanya, rock art tours ‘clan’ groups (kunmokurrkurr exact areas to be protected to Injalak Hill and visits in Kunwinjku), which each own and excluded from exploration to Mikinj Valley. There is one or, through succession, licences, but also they enable also recreational fishing in more estates defined by big cultural knowledge to be Mountnorris and Malay Bays, names, places (kunred) and preserved and passed on to the as well as at Liverpool and

84 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Tomkinson Rivers, and safari Arafura Wetlands. The NLC has been able to hunting operations around The Katherine Regional complete consultations for Coopers Creek, Murganella Office, East Arnhem Regional crocodile egg collection land River and Mann River. Office and West Arnhem use agreements in the Arafura Regional Office all provide Wetlands, which will ensure an Sustainable land and sea support to the Central Arnhem income for traditional owners management continues to anthropology region. over the next ten years. The be carried out by Aboriginal Arafura Wetlands remains one ranger groups throughout The past year has been of the largest producers of the region, including fire dominated by work on the crocodile eggs in the Territory. management under the long proposed Rio Tinto Katherine established West Arnhem to Gove gas pipeline, which The NLC’s work within the Land Fire Abatement (WALFA) the company has now decided beautiful country encompassed project. A new opportunity for against progressing. Much by the Central Arnhem Land this project has arisen with the hard work was undertaken by region remains as busy and Carbon Credits (Carbon Farming the NLC and traditional owners diverse as ever. Initiative) Act 2011 which to assist Rio Tinto in finding enables recognised offset a safe route for the proposed Below: Dhabilla Barge Landing Road entities (ROE) to earn carbon pipeline and it is hoped that Rio Far below: A major upgrade to the credits under the initiative. Tinto will soon visit traditional Ramingining Barge Landing Road This financial year NLC has owners to explain their decision should ensure it is accessible all undertaken and nearly finished in person, and thank traditional year round extensive consultations with owners for their contribution traditional owners of the to the process. WALFA project area (which Consultations and subsequent includes large areas of the Land Use Agreements for West, Central and East the extraction of gravel have Arnhem Land, and Katherine allowed a major upgrade anthropology regions) on of the Ramingining barge the newly formed company landing road, which should be WALFA Ltd and the Jawoyn accessible year round. This will Association to represent the help keep food on the shelves different ranger groups as of the local shop and the such ROEs under the carbon power station running! farming initiative. The benefits of the earned credits from the The Goyder River rangers’ fire abatement work Bridge and the Donydji will go back to support the Crossing Bridge are ranger programs. nearing completion and everybody is Central Arnhem Land Region looking forward The Central Arnhem Land to being able to anthropology region overlaps use them in the both the East Arnhem and wet season. West Arnhem NLC regions. The major communities within Central Arnhem Land are Milingimbi and Ramingining, with many outstations along the Blyth and Cadell Rivers and the

Northern Land Council Annual Report 2013-2014 85 The Northern Land Council: Our Land, Our Sea, Our Life

North East Arnhem mining company, and has the Galiwinku Town Plan with Land Region been a positive experience for the NTG. Crocodile harvesting all involved. takes place across Arnhem The East Arnhem anthropology Land, and a new agreement for In addition to specific projects, region takes up the majority crocodile egg harvesting was every financial year involves of the East Arnhem NLC negotiated for Buckingham ongoing work for granted region, and the northernmost Bay, Hapgood River, Kurla tenements, including work parts of the Ngukurr NLC and Slippery Creek. Further program meetings in which region. Traditional owners meetings took place with the mining company’s for East Arnhem are mainly traditional owners for Caledon proposed works for the year Yolngu people, with some Bay and Yirrkala to discuss are scrutinised and approved Nunggubuyu clans in the remains and artefacts held by Traditional owners, and southern parts. The region by museums that need to be distribution of royalties that includes such areas of cultural returned to country as part of a have accrued for the tenement significance as Blue Mud joint project between the NLC over the previous year. Bay, Gove Peninsula, Mitchell and the Australia Museum. Ranges and Elcho Island. One of the major projects in Katherine Region Oil and gas extraction through the past twelve months hydraulic fracturing continues has been the distribution of The area for the Katherine to be one of the driving issues Northern Territory Emergency anthropology region covers in East Arnhem Land. Work Response compensation the southwest portion of the continues on the approval payments for land in major Arnhem Aboriginal Land Trust, process for a large tenement communities. While in some and also encompasses the that covers much of the region. places the distribution has whole of Beswick, Jawoyn, Consultations have revealed now been completed, it is Manyallaluk and Mangarrayi a wide range of opinions on still an ongoing process in Aboriginal Land Trusts. In this process from Traditional others where amounts have the east, the region extends Owner groups in the region, been larger, and traditional over pastoral lease tenure, with much discussion about owners are taking more time including Goondooloo, the need to protect water, to consider options. Moroak, Mountain Valley, such as rivers and aquifers, Flying Fox and Mainorou. It is Over the past year there have which is of great importance to bordered on the far west side been a record number of lease Yolngu people. This project has by the Stuart Highway and agreements facilitated by required a tremendous amount Pine Creek, while Katherine the NLC between traditional of work by NLC staff and township itself straddles Aboriginal owners and consultants.Follow-ups and both the West Daly Waters proponents who wish to occupy final meetings will be required and Katherine anthropology lots in communities. These over the coming months before regions. Communities include include government, shires, the consultation process can be Barunga, Manyallaluk, health centres and businesses. said to be completed. Beswick, Jilkminggan, Bulman In some cases traditional and Weemol, while there owners have had to decide This financial year has are a number of outstations between multiple proponents witnessed the grant of two dotted throughout the region. who are requesting leases over tenements for mineral Language groups include, in the same lots. exploration on Elcho and the centre and to the west, Howard Islands, a process There have been a number of Jawoyn, Dagoman, Wardaman, which has taken more than smaller scale projects taking Yangman; in the south, ten years. This has been a place this financial year. Mangarrayi, and further north joint effort between the NLC, These include meetings with and east, Dalabon, Ngalkbon traditional owners, and the traditional owners to discuss and Rembarrnga.

86 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

The bulk of consultations this 11kms northeast of Wugularr The technical analysis was year in the region has been (Beswick) community. In recent conducted with assistance on various ALRA section19 years traditional owners have of cultural knowledge from agreements, including many been concerned about the traditional owners, giving lot leases by the government, increase in numbers generated people the chance to explain gravel pit leasing to roads, by the festival and the impacts the importance of their store proposals for Bulman/ on the land through visitation spiritual connection to the Weemol, Beswick and to the site. An environmental site, and the use of the land Barunga, and Elsey Station assessment has been to forage and fish. matters within the Mangarrayi undertaken by the NLC. Aboriginal Land Trust including pastoral lease proposals and meat works infrastructure. Other consultations included site visits to inspect the environmental impact on Melkjurlambu (Beswick Waterfall) by the annual festival event, Walking with Spirits. Melkjarlumbu is situated on the Waterhouse River, 100km southeast of Katherine and

Right: Bush cucumber at Melkjularmbu

Crystal Bulumbara at Melkjularmbu

Northern Land Council Annual Report 2013-2014 87 The Northern Land Council: Our Land, Our Sea, Our Life

Native Title Report

The Hon Justice John Mansfield AM with native title holders after a Federal Court sitting at Minyerri, October 2013

88 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Northern Land Council Annual Report 2013-2014 89 The Northern Land Council: Our Land, Our Sea, Our Life

About The Native Title Act

Since its formation in the mid 1970s the NLC has government; thirdly, it may coexist with forms of granted worked to promote Aboriginal land rights through the statutory title, such as pastoral Aboriginal Land Rights (Northern Territory) Act 1976. leases, over the same tracts However, with the passage of the Native Title Act 1993, of land. the NLC has sought recognition for Aboriginal people Native title thus exists in a for our rights in land and water across a wider area complex legal, administrative and cultural environment of including pastoral leases and townships. intersecting and sometimes conflicting interests. The NLC In 1992 the High Court of rights to land and waters, the is committed to resolving native Australia for the first time making of future acts and title claims through negotiation gave legal recognition to the the resolution of claims for and mediation, rather than common law native title land compensation. litigation, where possible and rights of Australia’s Indigenous since 2010 has been part of a Native title as it is codified in the peoples (Mabo No 2). The Federal Court initiative aimed NTA differs from western forms NTA introduced a statutory at settlement of native title of title in three significant ways. scheme for the recognition determination applications over Firstly, it is premised on the of native title in those areas Northern Territory pastoral group or communal ownership where Aboriginal groups leases and townships. of land, rather than on private have been able to maintain property rights; secondly, it is a a traditional connection to recognition and registration of land and where the actions rights and interests in relation of governments have not to areas of land which pre-date otherwise extinguished their British sovereignty, rather prior title. The Act provided for than a formal grant of title by the recognition of pre-existing Below: Attendees at a Native Title consent determination ceremony at Mataranka,October 2013

90 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Native Title Quick Facts » Native title is a set of rights » As an NTRB under the NTA, to increase administrative and interests in relation to the NLC’s key statutory efficiency and flexibility. land or waters. functions include to » The NLC’s work with » Indigenous Land Use facilitate and assist native claimant groups to settle Agreements (ILUAs) are title holders to make native native title determination agreements between title applications, respond applications over the groups claiming native to proposed future acts and Territory’s townships title and others about the negotiate ILUAs or other and pastoral leases is management and use of agreements according an intensive, accelerated land and waters. They can to the consultation and process that has resulted be made before or after a consent provisions under in 49 successful consent determination that native title the Act, and to assist to determinations since exists or where there is no resolve disputes between 2010 including 25 consent native title application at all. constituents about native determinations in the title applications, future » The NLC is the Native reporting period. acts, ILUAs or other native Title Representative Body » This adds to the title matters. (NTRB) for the Territory’s 8 successful determinations northern region, covering » The NLC combines its in the NLC region from approximately 570,000 native title functions with 1998 to 2009. square kilometres of land, its other statutory functions including the Tiwi Islands and Groote Eylandt.

Native Title Determination Applications

The NLC has lodged claims over most of the available areas in the Northern Territory. Native Title Applications Statistics 2013-14

Table 6: Statistics relating to native title claims processes

Active Claimant Applications As at 1 July 2013 131 As at 30 June 2014 142 New Claimant Applications Filed 1 July 2013 – 30 June 2014 11 Compensation Applications Filed 1 July 2013 – 30 June 2014 0 Non-Claimant Applications Filed 1 July 2013 – 30 June 2014 0 Determinations of Native Title 1 July 2013 – 30 June 2014 25

Northern Land Council Annual Report 2013-2014 91 The Northern Land Council: Our Land, Our Sea, Our Life

Update on Continuing Territory, the Commonwealth, In addition, it was agreed that Claims Work the Northern Territory a fresh native title claim is Cattlemen’s Association and the lodged over each individual Pastoral Consent NLC came together under the pastoral lease and earlier Determinations auspices of the Federal Court claims lodged over the same to explore options to resolve the lease are removed. A significant part of the NLC’s native title status of pastoral Pastoral leases are grouped native title claims workload leases in the NLC region. At into 13 clusters of claims comes via the Federal Court that juncture each claim was according to general ordered Pastoral Consent taking upwards of five years geographical groupings and Determination Schedule to determine, meaning that it staggered for progressive which requires in excess of was likely some of the existing completion year by year. The 110 pastoral lease areas to claims would outlive most living NLC implements an annual be progressed to consent claimants, party representatives program of research and determination via a “short and court officers. form” consent determination consultations with claimants process as part of the Federal In 2010 the parties agreed to across large and remote Court initiative to settle resolve all future pastoral claims geographic areas. This work native title determination on the basis of a short form requires the preparation applications in the NLC region. approach to the provision of: of connection and tenure The NLC region Federal Court » anthropological evidence in materials by NLC staff and ordered Pastoral Consent support of the native title anthropological and legal Determination Schedule is one claim group’s connection to consultants and a series of of the country’s largest and the relevant pastoral lease; meetings with the claimant most ambitious Federal Court and group as shown in the diagram below. native title backlog projects. » evidence of the construction In late 2009 the legal or establishment of representatives of the Northern public works and pastoral improvements on that lease.

The NLC’s native title pastoral consent determination process

Figure 4: NLC’s pastoral consent determination process

Information meetings are held Authorisation meetings are held Legal and anthropological research with the claim group to explain with the claim group to authorise is carried out, including fieldwork the native title claim process and the lodgement of the native and consultations with the discuss the anthropology of the title claim and nominate the claimant groups. claim group. applicant(s).

The parties exchange materials Once the parties have agreed Native title determination on tenure, extinguishment and the tenure, extinguishment and application is lodged in the connection and negotiate these connection, they negotiate the Federal Court. issues with the respondent parties terms of the consent determination. (NTG, pastoralist, etc.).

Pre-determination meetings Consent determination ceremony are held with the claim group, to Meetings are held with native title is held, on country, by the Federal obtain instructions from the group holders to nominate a Prescribed Court. The determination of native about the terms of the native title Body Corporate (PBC). title is made at this ceremony. determination.

92 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Pursuant to this schedule, has resulted in a significant The NLC acknowledges the an unprecedented number acceleration of the rate at strength, support and patience of native title claims were which claims are resolved, of traditional owners as determined in the reporting this work continues to require we work with the Northern period – see “Determinations the NLC to commit significant Territory, pastoralists and other of Native Title”, page 91. In resources to the progression parties to settle native title addition, in the reporting period of these claims, the short form across the NLC region. anthropological research was work process being no less finalised, and information and complex than longer-term authorisation meetings were claims work and far more undertaken, for pastoral leases intensive. in Group 1 (Mallapunyah/ Cresswell Matters) and Group Figure 5: Status of work on the Federal Court ordered Pastoral 9 (Mallapunyah/Cresswell – Consent Determination Schedule for the NLC region as of June 2014 Gulf Country), including 17 information meetings and 20 authorisation meetings. In respect of all but two of the proposed claims the 11 11

NLC received instructions to 11 lodge a new native title claim 11 and provide the Northern 5 Territory and the pastoralist 11 respondents with a short- 3 form anthropological report. 13 13

13 In some instances, further 12 anthropological research 10 and follow up consultations 8 9 were required. Consultant AM 9

6 9 anthropologists have also 10 10 9 carried out research and fieldwork for 9 of the 12 of 4 B-HM the Group 2 (Dalmore Downs Matters) pastoral leases. Name Label 1 Auvergne Matters AM 6 In the coming reporting Beetaloo-Hayfield Matters B-HM period, the NLC is required to Mallapunyah/Cresswell Matters (Group 1) 1 continue to progress claims Dalmore Downs Matters (Group 2) 2 Chattahoochie Matters (Group 3) 3 2 over the 30 pastoral leases in Montejinni Matters (Group 4) 4 Group 1, Group 2 and Group Mary River Matters (Group 5) 5 9 in accordance with the Banka Banks Matters (Group 6) 6 Dry River Matters – Sturt Plateau Federal Court ordered Pastoral Matters (Group 8) 8 Mallapunyah/Cresswell – Gulf Country Consent Determination Pastoral Leases (Group 9) 9 NLC – CLC Border Humbert VRD Matters (Group 10) 10 Schedule. The NLC expects Determined as part of the Federal Mary River Matters – Litchfield Court Ordered Pastoral Consent to also continue work on Daly Matters (Group 11) 11 Determination Schedule the Group 10 (Humbert VRD Dry River Matters – Katherine Ongoing Work West Matters (Group 12) 12 Future Work/Anthropological Matters) pastoral leases. Dry River Matters – Daly Research Commencing Waters Region Matters (Group 13) 13 While the Federal Court- ordered Pastoral Consent Determination Schedule

Northern Land Council Annual Report 2013-2014 93 The Northern Land Council: Our Land, Our Sea, Our Life

Township Consent Native Title Claims Litigation The pursuit of settlement Determinations discussions with regard to The NLC continues to work the remaining portion of land The NLC also undertakes on native title determination subject to the native title intensive work on township applications subject to litigation. determination application native title claims as part of In April 2013 a trial was heard continues. the Federal Court initiative to before Justice John Mansfield settle native title determination Native Title Sea Claims of the Federal Court into the applications in the NLC region long-running Jabiru native See “Advocacy Services – via consent determination. title determination application. Cultural and Heritage Support In the reporting period, the Judgment in this matter is yet – Sea Rights, page 133”. NLC continued meetings with to be determined. Determinations of claimants and anthropological However, subsequent to the Native Title research for the Katherine trial, in August 2013 two of Township Native Title Claim Pursuant to the Federal Court the three portions of land and finalised and submitted Ordered Pastoral Consent surrounding the Northern anthropological materials for Determination Schedule, Territory town of Jabiru and the Borroloola Township Native an unprecedented number which are subject to the Jabiru Title Claim. of native title claims were native title determination determined in the reporting application were granted as period including 18 claims Aboriginal land under the Below: Attendees at a native title over pastoral leases in Group Aboriginal Land Rights (Northern authorisation meeting in Borroloola, 6 (Banka Banka Matters) and Territory) Act 1976 to the October 2013 Group 8 (Dry River / Sturt Kakadu Aboriginal Land Trust Plateau Matters) in October and leased back to the Director 2013 and a further 7 claims of National Parks as part of the over pastoral leases in Group implementation of settlement 6 in March 2014. arrangements for the Jabiru native title claim.

Below: NLC Borroloola regional officers, Daniel Mulholland and Tahnee Mawson with consultant anthropologist Jitendra Kumarage and NLC lawyer Alexandra Gibson at a native title authorisation meeting in Borroloola, October 2013.

94 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

At a special sitting of the At a special sitting of the Beetaloo, Forrest Hill, Federal Court at Mataranka Federal Court at Lake Mary Hayfield, Kalala, Maryfield, on 29 October 2013, Justice Ann near the Northern Territory Mungabroom, Shenandoah, John Mansfield made consent town of Tennant Creek on Ucharonidge and Vermelha determinations over the 6 March 2014, Justice Darryl and the Town of Daly 16 Group 8 pastoral leases Rangiah made consent Waters, determined on of Avago, Bloodwood Downs, determinations over seven of 27 June 2012. Birdum Creek, Cow Creek, the Group 6 pastoral leases » The Town of Mataranka, Dry River, Gorrie, Lakefield, of Alroy Downs, Anthony determined on 21 Larrizona, Margaret Downs, Lagoon, Brunchilly, Brunette March 2012. Middle Creek, Nenen, Downs, Eva Downs, » The Group 4 Montejinni Providence, Sunday Creek, Rockhampton Downs and Matters, consisting of the 6 Tarlee, Western Creek and Tandyidgee. The seven pastoral pastoral leases of Birrimba, Wyworrie. The 16 pastoral leases cover an area of more Camfield, Dungowan, leases cover an area of than 36,000 square kilometres Killarney, Montejinni East more than 11,000 square of land in the Northern and Montejinni West, kilometres of land south-west Territory’s Barkly region. determined on 2 June 2011. of the Northern Territory town These successful consent of Mataranka. » The Auvergne Matters, determinations in the consisting of the 6 pastoral Justice Mansfield then made reporting period follow leases of Auvergne, Bullo consent determinations at a previous successful consent River, Legune, Newry, special sitting of the Federal determinations relevant to the Rosewood and Spirit Hills, Court at Minyerri on 31 October Federal Court Ordered Pastoral determined on 31 May 2011. 2013 over the 2 Group 6 Consent Determination pastoral leases of Tanumbirini Schedule and township consent and Broadmere which extend determinations, as follows: over 7600 square kilometres » The Beetaloo-Hayfield Below: NLC lawyer Jonathan of land east of the Northern Matters, consisting of the Territory town of Daly Waters. Kneebone speaking with PBC 10 pastoral leases of nomination consultation attendees Amungee Mungee, at Elliott, April 2014

Northern Land Council Annual Report 2013-2014 95 The Northern Land Council: Our Land, Our Sea, Our Life

Staff Perspective

Kylie Burn

I have worked at the NLC for 5 years, two years of which I have worked as the Administration Assistant for Native Title in the NLC’s Anthropology branch. In October 2013, I attended a native title consent determination ceremony at Mataranka with the NLC’s Acting Anthropology branch Manager Carol Christophersen, Administration Assistant Kirsty Kassman and Senior GIS Officer Simon Watkinson. We met the native title claimants, watched the ceremony and had lunch with claimants and staff members. It was interesting to observe the ceremony and how it operated, and gave me a better understanding of the processes of native title. To see the final outcome gave me a better perspective of the hard work of the anthropologists, lawyers and regional staff that made it happen. It was also rewarding to know that I also had assisted in this outcome through the duties in my position at the NLC. I work in the Darwin office so it was great to meet claimants as well as NLC staff that I work closely with and put faces to the names. I feel very privileged to be a part of native title work.

Above right: NLC Anthropology branch Administration Assistant for Native Title, Kylie Burn Below right: Kylie Burn, NLC Acting Anthropology branch Manager Carol Christophersen and NLC Administration Assistant Kirsty Kassman at a native title consent determination ceremony at Mataranka, October 2013

96 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Nomination of a The NLC has developed a Update on Continuing Prescribed Body corporation called the Top PBC Nomination Work End Default PBC which can be Corporate used by native title holders as In the reporting period, a PBC where there has been consultations were carried After a determination of native out with native title holders on title is made, the native title a successful native title claim. The members of the Top End the nomination of a PBC for holders must nominate a 22 native title determinations, Prescribed Body Corporate Default PBC are the members from time to time of the NLC including for the Auvergne, (PBC) to manage their native Bullo River, Legune, Newry, title rights as required under the Executive Council. If native title holders choose, the Top End Rosewood and Spirit Hills NTA. A PBC is a corporation that pastoral lease areas in holds or manages native title for Default PBC will perform the PBC role – which is primarily October 2013, the Birrimba, the whole native title group. A Camfield, Dungowan, Killarney, PBC’s primary role is to give executing agreements on the instructions and directions Montejinni East and Montejinni legal force to native title rights West pastoral lease areas in and interests held by the group, of native title holders. The Top End Default PBC will not December 2013 and for the especially by enabling binding Alroy Downs, Anthony Lagoon, agreements about land to be receive money or royalties from those agreements. Brunchilly, Brunette Downs, executed. Proponents, such Eva Downs, Rockhampton as governments and The Top End Default PBC is Downs, Tandyidgee, Newcastle companies, must deal with merely an option for native title Waters and Murranji pastoral the nominated PBC. holders who have had their lease areas and the Town native title determined. There of Elliott in April 2014. The is no obligation on native title Top End Default PBC was holders to “opt in” to the Top nominated as the PBC End Default PBC, and they can in respect of 14 of those “opt out” and form a new PBC determinations. Consultations at any time. are ongoing with respect to the Below : Bunggul at Garma Festival other eight determinations. 2013 at Gulkula. Photo Yothu Yindi Foundation

Northern Land Council Annual Report 2013-2014 97 The Northern Land Council: Our Land, Our Sea, Our Life

Compensation Applications Agreement Making There are various agreements In 2011 a compensation application for the loss and negotiated with native title holders and external parties impairment of native title was lodged over the Town for proposed resource of Timber Creek. development on native title lands. Technically, mineral and petroleum-related On 19 March 2014 Justice exist for responding to agreements did not give rise John Mansfield of the notices and these commence to ILUAs being registered Federal Court delivered a from the notification date under the NTA. The NLC relies preliminary judgement in given in the notice. on its own research and the the case on the preliminary NT Sacred Sites Act to ensure issue of apportioning liability Future Act Notices the protection of cultural for compensation between heritage and sensitive areas. the Commonwealth and the During the reporting period, Northern Territory. The key the NLC was notified of The NLC facilitates the issue of ascertaining the value 78 future acts related to negotiation of agreements to of the loss and impairment of mineral and petroleum ensure the native title holders native title will likely proceed to exploration or production. are, in most cases, provided trial in the next financial year. The notification of future acts with a package that offers development proposals would economic and employment Notifications potentially affect the rights and opportunities. Agreement interests of native title holders making requires the allocation It is important for the NLC to within its region. Thirty-five of considerable resources. ensure that Future Act Notices notifications were withdrawn The NLC is ordinarily are brought to the attention of by the Department of responsible under agreements any person who holds or may Mines and Energy. Under the for the distribution of benefits. hold native title interests in existing Northern Territory Many agreements require the area affected by the notice. Minerals Titles Acts 2010, NLC support to enable the The NLC must ensure that they Mineral Claims (MCNs) are native title parties to take are advised of the timeframes non-compliant mineral tenure advantage of employment, for responding to the notice. and are likely to be converted training and business Strict timeframes to an appropriate title in the opportunities which may occur near future. when a project proceeds. During the life of the Figure 6: Future Act Notifications by agreement, the NLC often Tenement Type in the NLC Region works for many years to secure the benefits of the agreement for native title holders to Exploration Licences (48) ensure compliance with the Exploration Permits (5) terms and conditions.

Extractive Mineral Exploration Licences (1)

Extractive Mineral Leases (10)

Extractive Mineral Permits (2)

Mineral Leases (12)

98 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Other Functions

Staff Training Certificate IV Work, The Aurora Project – and Development Health and Safety Foundations of Native Title (FoNT) Three Anthropology branch Senior First Aid staff members completed a Two Anthropology branch Two in-house sessions for Certificate IV in Work, Health staff members attended Senior First Aid training were and Safety under the NT the FoNT program held in held by Remote Area First Aid Labour Force funding. Perth in March 2014. in July 2013 and March 2014. Training was provided by Alana Kaye Education and Australian Ground Twenty one NLC staff members Water School completed the training. Employment Specialists. One staff member from the 4WD Training The Aurora Project – Introduction to Native GIS section of the Anthropology branch attended an introductory Eight Anthropology branch staff Title Anthropology members completed a 2 day course to Groundwater Science Defensive 4x4 Training Course Two Anthropology branch staff and Management held by the in April 2014. Training was members attended the Aurora Australian Ground Water School provided by SMART-NT. Staff Project’s Introduction to Native in Perth in December 2013. Title Anthropology course in acquired skills and knowledge Short Talks that can be applied in the field, Perth in January 2014. During this financial year which is essential to NLC work. AIATSIS National Indigenous the Anthropology branch Studies Conference – Breaking was privileged to receive a Barriers in Indigenous series of short talks from Research and Thinking distinguished anthropologists Seven Anthropology branch and other guests. staff members attended the Below: NLC Anthropology branch AIATSIS National Indigenous staff and SMART-NT trainer at Studies Conference in 4WD training Canberra in March 2014.

Northern Land Council Annual Report 2013-2014 99 The Northern Land Council: Our Land, Our Sea, Our Life

» Stephen Bennetts, Sandra Boswell Consultant Anthropologist – March 2014 I am a Bachelor of Arts (Anthropology and Archaeology) student Presentation on undertaking at James Cook University. I did a five- week Aurora Internship anthropological work on at the Northern Land Council, commencing in November 2013. native title claims I was placed in the Anthropology branch where I did a variety of » Philip Clarke, jobs, including photocopying, scanning/digitising, and retyping old Anthropologist – June 2014 documents to upload to the Land Interest Reference database. Presentation on I also assisted anthropologists researching various locations of Ethnoastronomy of sacred sites. The research varied in finding the locations, which Aboriginal Australia clans were associated with the sites, typing up their locations in Excel so that the GIS (mapping) team can plot them and » Jeffrey Stead, Consultant researching the stories behind the sites. The research led me Anthropologist – June 2014 through the NLC database and their filing system, the NLC library, Presentation on how to do the NT library and the Aboriginal Areas Protection Authority. Land Claim and Native Title Claim research Additionally, I assisted with royalty distribution and other » Professor (University administrative tasks. My willingness to learn and these tasks of Queensland) Nancy led to the privilege of being invited on two field trips to Milingimbi Williams, Anthropologist – and Wadeye. June 2014 My experience and seeing people do their jobs gave me insight Presentation on the review of into many issues in Indigenous affairs, as well as skills that I will Native Title Claim connection require for my future career. The five weeks also opened the door materials for more socialising and networking times. I am normally the » Jay Arthur, Curator sort of person who is initially a bit shy and does not socialise at National Museum of all. This was a good opportunity to get over that shyness and lack Australia – June 2014 of socialising, as you really need to be able to communicate (and Presentation on the upcoming understand other communication techniques) with workmates, ‘Encounters’ exhibition to be traditional owners and other people right from the beginning. held at the National Museum of Australia in 2015 Aurora Internships

The Aurora Native Title Internship Program places law, anthropology and social science students with Native Title Representative Bodies. This year the Northern Land Council supported two interns, Aysia Rodgers and Sandra Boswell. They thoroughly enjoyed immersing themselves in NLC work including learning about Native Title and its processes.

100 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Aysia Rodgers The tasks I undertook The highlights of my time with whilst on my internship the NLC were the opportunities After completing a Bachelor were varied and genuinely I had to get out and travel. of Arts, I happened upon interesting. I was introduced I went to Borroloola with the Aurora Project whilst to the NLC’s Land Interest one of the senior consultant wondering where my major in Reference, and assisted with anthropologists working on anthropology could possibly data entry and completing a connection report for a take me in life. The Aurora Land Interest Requests with pastoral lease in the area. Project offers anthropology, anthropology staff. Reading through a fair few law and some social sciences connection reports in the I can now say I feel competent students and graduates the office gave me the chance to navigating the complexity of opportunity to undertake witness the process of how Aboriginal kinship systems internships in Native Title they are put together in the and more greatly understand Representative Bodies, as field. In my final week I once and appreciate the traditions, well as a range of other again had the opportunity to dreamings and historical organisations. I put in an get out and about – this time events I read about. I also application for the internship to the Katherine area, visiting assisted anthropology staff program eager to put aside Manyallaluk and Barunga. with research for native the books for a little while and Travelling with one of the title claims. I found this a gain some practical experience regional anthropologists, this good learning experience in the field. I hoped to learn trip gave me an insight into to deeply understand the more about anthropology in the NLC’s day-to-day work, and the native title process, and the native title process and get an consultation process. Overall anthropological and legal insight into the working life of it was a real privilege to be processes involved. I also anthropologists in this area. able to get out and experience had the opportunity to join the amazing landscape, and I was not disappointed. My other happenings on the to be able to meet traditional six- week placement with anthropology floor. I sat in on owners, hear about country the Northern Land Council a regional workshop, which and stories. in Darwin was an invaluable brings together NLC staff from learning experience. Darwin as well as its regional I took a lot away from my time officers. I also attended at the NLC. Being involved with both legal and anthropology the Anthropology branch there workshops covering the has given me the opportunity to history of native title claims apply myself to an area of work in the NLC and the current which is relevant to my studies process required in writing and interests, and is sure to connection reports. evolve in interesting ways. I would recommend an Aurora Project internship for later year students or graduates looking to gain some solid work experience and meet some remarkable people.

Left: Intern Aysia Rodgers at a consultation at Barunga

Northern Land Council Annual Report 2013-2014 101 The Northern Land Council: Our Land, Our Sea, Our Life

Economic Development and Commercial Services

102 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Land Use Agreements

Objective: The NLC operates an electronic database called the Land To secure economic, social and cultural benefits for Information Management System (LIMS) to record traditional owners from developments taking place expressions of interest for on Aboriginal land. land use agreements. LIMS ensures each expression of interest is entered into the Aboriginal lands and sea in enter into a licence or lease data base when received, and remote Australia are rich in agreement with the proponent. allows the NLC to monitor the biodiversity and other natural Prior to taking land use progress of applications and resources and have the proposals to the traditional provide accurate statistics for potential to deliver economic owners for consideration, performance reports. LIMS is opportunities and outcomes. multi-disciplinary teams designed to monitor compliance A major function of the NLC within the NLC, comprising information with negotiated is to express the wishes regional office staff, lawyers, land use agreements. of traditional Aboriginal anthropologist and external owners. In terms of economic The range of micro-enterprises, experts, undertake a rigorous development, this is carried out private businesses, government assessment. through section19 ALRA land and community development use agreements. Business and economic initiatives continues to increase development in remote parts and the NLC is strategically The NLC carries out of the NT can be impeded focused on aiding development consultations and negotiations by a number of factors. of enterprises on Aboriginal land. on behalf of traditional Some proposals may provide owners with those who seek The benefits for Aboriginal insufficient detail about the commercial activities on owners, community members proposed operational area. Aboriginal land. The NLC and stakeholders of securing Land use proposals may must ensure that any land s19 ALRA leases, facilitated by cover more than one group’s use proposal is reasonable, the NLC in accordance with the traditional lands and therefore and that the appropriate requirements of the Aboriginal consultations and logistics of landowning group is given Land Rights (Northern Territory) bringing the decision makers the opportunity to make Act 1976, include: together can be complex. an informed decision in Seasonal factors dictate » Secure tenure – for accordance with its traditional when and where community traditional owners, public decision making processes. consultations can be held. housing tenants, proponents Affected Aboriginal people are The majority occur during the (government and also given an opportunity to dry season (April to October). commercial) and investors express their views about a However, this window of (financial institutions). particular land use agreement. opportunity puts pressure on » Secure rental returns Once informed consent is both NLC staff and constituents administered by the reached, the NLC considers in relation to planning and NLC and subject to the the land use proposal and holding meetings as well as protections in the Aboriginal may direct the appropriate meeting legislative timeframes. Land Rights (Northern Aboriginal Land Trust to Territory) Act 1976, with rates

Northern Land Council Annual Report 2013-2014 103 The Northern Land Council: Our Land, Our Sea, Our Life

typically determined by the The income generated through The increasing number of s19 Valuer-General by reference these lease agreements ALRA land use agreements to the unimproved capital will stimulate economies in in Aboriginal communities value of the land. Top End communities and will generate significant » A consistent approach to produce a range of economic, revenue from rental income for leasing on Aboriginal land, cultural and social benefits for traditional Aboriginal owners. traditional owners. whereby proponents are Challenges familiar with NLC forms Major agreements and procedures, providing The increasing number of certainty for investment. The Commonwealth’s lease agreements over the compulsory 5-year leases last 2 years requires greater With the increased interest over Aboriginal land expired resources and efficient and in use of Aboriginal land and in August 2012; all property effective business processes sea in northern Australia for not underpinned by a lease to properly monitor the commercial and government arrangement revert back to compliance aspects of these purposes, the NLC has the Aboriginal Land Trust. contracts and assist traditional demonstrated its ability, It is now the policy of both owners to harness economic drawing on its long institutional Commonwealth and Northern development opportunities. experience, to ably and Territory governments that System development with a efficiently respond for the assets on Aboriginal land be centralised LIMS data base benefit of all stakeholders. underpinned by secure tenure continues to be critical with arrangements. Achievements: the organisation managing Government policy on a significant workload and Since 1 July 2013 the Full appropriate tenure a rapidly growing property Council has endorsed 119 arrangements has paved management portfolio. land use agreements under the way for the approval of s19 of ALRA. This figure a large number of s19 ALRA Outcome: comprised 60 agreements agreements in Aboriginal endorsed at the 107th Full communities in the NLC This year, 119 s19 ALRA Council meeting in Darwin region. Leasing arrangements on November 2013 and 59 land use agreements have included public housing, agreements at the 108th schools, education and training were presented and meeting in Katherine in facilities, police stations, ratified at NLC Full May 2014. health centres, crèches, safe Council Meetings. A large percentage of these houses, essential services agreements were s19 ALRA infrastructure, government leases obtained for parcels employee housing, work The generated income, of land in Aboriginal premises, ranger stations, $8,347,000 benefits local communities that were residential housing, economies on Aboriginal land. affected by the compulsory commercial operations and Whilst the economics are easily five-year leases introduced residential development. quantifiable, the social and by the Australian government cultural benefits are not. through the Northern Territory Emergency Response.

104 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Commercial Development

Objective: for Aboriginal enterprises. With the High Court decision Empower Aboriginal people to carry out commercial of Blue Mud Bay, entry into the commercial fishing industry activities and build sustainable enterprises. presents many commercial and economic opportunities. Economic development assists traditional owners to The long-term focus is on provides the foundation for make decisions about land developing the capacity of genuine opportunities for and waters. traditional owners: Aboriginal people. Section 23(1) The NLC faces many » To participate in the (ea) of the ALRA empowers challenges in building mainstream economy. the NLC to assist Aboriginal sustainable enterprises on people in the area of the NLC » To take advantage of Aboriginal land. Most former to carry out commercial commercial opportunities reserve land and land obtained activities, provided that the arising from developments under the ALRA has low NLC itself does not profit on Aboriginal land. commercial productivity for from the activities. » To develop long-term purposes other than mining sustainable Aboriginal Presently Aboriginal people due to geographic remoteness enterprises. in the NLC region suffer from major trading centres, high levels of disadvantage, poor essential service The existing cattle stations, a position which is not likely infrastructure and/or poor timber works, aquaculture to change without long term soils and rainfall. The main projects, feral animal strategic investment. exceptions are areas on which harvesting, CO2 abatement minerals have been found, and programmes, mining The NLC is a key agency increasingly, where scenic or operations, railways, pipelines, in facilitating economic experiential tourism can exist. gas and major infrastructure development on Aboriginal facilities throughout the NT are lands, holding statutory Despite this, economic proof that the NLC is making responsibility for facilitating opportunities do exist for progress in this important area. economic activity on more than Aboriginal people on Aboriginal 210,000km2 of the land mass land. As populations increase, The additional funding has of the NT, and approximately small to mid-size food and enabled the organisation to 85% of the coastline. Through retail operators increasingly deliver long-term targeted its economic development see Aboriginal communities commercial assistance program, the NLC assists as attractive revenue bases. programmes. At the same interested traditional owners Tourism operators are also time the funding has had to use land assets to create becoming increasingly a significant impact upon investments, businesses and interested in accessing the success of Australian employment opportunities. Aboriginal land, as is a range of government and NTG initiatives This is a lengthy and industries from horticulture to in the key area of economic challenging task, requiring agri-forestry and pastoral. The and commercial development. a sustained effort and a growing conservation industry strong commitment that also provides real opportunities

Northern Land Council Annual Report 2013-2014 105 The Northern Land Council: Our Land, Our Sea, Our Life

Regional Office Network

The regional office network » A Telstra Liaison position » Progressing expressions is often the first point of funded by Telstra to assist of interest for land use contact for people accessing with the leasing and agreements and licences. NLC services, especially for management of Telstra » Monitoring agreement Aboriginal people in rural and Infrastructure. compliance. remote areas. The unit has » Indigenous Pastoral » Processing permits 40 positions with staff working Program (IPP) – a position & burial / funeral across 11 sites and includes funded by the Indigenous applications. the following; Land Corporation (ILC) to » Supporting both the » 29 Regional based officers assist in the implementation Regional Council and in Katherine, Bulman, of the IPP Operational Plan. Full Council. Timber Creek, Ngukurr, » A support network of 9 Borroloola, Jabiru, officers based in Darwin Approximately 70% of all staff Nhulunbuy, Tennant Creek, to directly assist Regional employed in the regional Wadeye, and Palmerston. Offices and the coordination office network support team » A Defence Liaison position of activities. are Indigenous and a high based at Timber Creek and percentage of these employees A key part of the regional office funded by the Department are locals residents. The network team is to support of Defence to assist with Regional Office Network on country projects and the implementation and also facilitates up to 20 local consultations, including: monitoring of the Aboriginal casual employees Bradshaw ILUA. » Assisting the coordination throughout the year to assist and completion of with projects on a needs basis. consultations.

Some of the new vehicles purchased in 2013 and put into service

106 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Achievements As a result, the NLC purchased As a result up to 80% of all staff 10 new Toyota troop carriers outside the land & sea program NLC vehicles operate in harsh and an Isuzu four wheel drive are permanently based in the environments and regularly bus built to high level safety greater Darwin area. A serious travel on poorly maintained, specifications. All vehicles challenge for the organisation unsealed roads. As a result, have been put into service and is to strengthen the service to maintenance and repair costs are located at regional offices Aboriginal people in remote increase significantly as outside of Darwin. locations and the development vehicles age. Sub-standard of regional service hubs. vehicles, equipment and safety Challenges procedures pose a significant WHS risk to the organisation. Up to 70% of the Indigenous population in the NLC region A successful ABA live in a rural or remote area supplementary submission outside of Darwin. NLC office late in the 2012/13 fiscal year and support infrastructure provided funds to the value where most Aboriginal people of $853,000 and allowed NLC access the service are very to replace a number of basic and essentially provide antiquated vehicles to enhance limited opportunity for growth. comfort and safety levels of passengers commuting to and from meetings.

Northern Land Council Annual Report 2013-2014 107 The Northern Land Council: Our Land, Our Sea, Our Life

Employment, Education and Training Western Desert Resources – Haul Truck Project Objective: HR Links is the employment subsidiary of Rusca Bros, an Develop employment and training plans in Aboriginal-owned company, which is a second-tier partnership with industry and government contractor under Theiss on stakeholders, and facilitate the implementation the Western Desert Resources of these plans. project. NLC has worked co-operatively with Western Desert and Rusca Bros staff The NLC assists Aboriginal b) ensure that employment to negotiate training and people to use our rights to commitments made by employment outcomes for land and seas to buy into the employers are met; and Aboriginal people from the future of the NT and to secure c) provide on-going mentoring Ngukurr region. long term sustainable jobs and to employees and employers. careers pathways. Outcomes: JACS has delivered Twelve trainees commenced The NLC’s Jobs and Careers employment and training the haul truck program (four Service Unit (JACS) was outcomes through the 5Ps intakes of three people at designed to maximise jobs model, that is: provision of a time) between April and and careers for Aboriginal jobs via land use agreements, July 2014. NLC provides people on major projects on partnership formation, advice, logistical support for Aboriginal land or where there preparation of work, planning trainees to attend inductions are native title interests in for training and mentoring and medicals, and ongoing land. JACS first priority is to workers and project mentoring. negotiate job commitments management. Over the past from all major projects. year, the two JACS’ staff • All 12 trainees (100%) completed certificates of JACS achieves results through members have concentrated competency – RIIMP0338D its strategic focus on the their work efforts on three Conduct rigid haul truck key industry sectors and mine sites in NLC’s jurisdiction. operations – which is part of its successful employment The future of JACS will be the competencies RII30113 model. JACS aims to determined by a new strategic Certificate 111 in Surface provide Aboriginal people direction. Terms of reference Extraction Operations. with qualifications, skills were developed to review • Five of our first six trainees and experiences that are the 2007-2011 Jobs and reached the 13 week recognised Australia wide Careers Service Strategy and outcome stage (85%) through direct referral and to develop a new three-year and four of these are on the job training and or year Agreement Compliance still employed (66%) and pre-employment training. strategy. Ganamarr expected to reach the Consultants Pty Ltd was JACS endeavours to: 26 week outcome. Two engaged in June 2014 for eight a) assist in negotiating have ceased employment. weeks to complete the job. maximum job commitments from major projects subject to Indigenous Land Use Agreements;

108 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

• Three of the remaining Territory Iron – The course was delivered six (50%) are expected Frances Creek Project by the registered training to reach the 13 week and organisation, ECB 26 week outcome with The Frances Creek Project has training at the Pine Creek one set to resume a 15% Indigenous employment Community Hall. employment shortly. Two target. As at June 2014, the Of the 20 candidates, have ceased employment. project employed 320 people, 15 have graduated and have • It is expected that eight of whom 48 were Indigenous. been offered contracts with trainees (66%) will reach About 15 were local people Territory Iron to begin work the 26-week outcome. living in or near Pine Creek, at Frances Creek Mine. The mostly employed in the 15 graduates are all from the production area, operating Pine Creek-Katherine area. dump trucks, water trucks Under the agreement the NLC and graders. will continue to support and The working relationship mentor the trainees for the between the NLC and duration of their employment. Territory Iron continues to The trainees will begin their gather momentum with Certificate II Surface Extraction 20 candidates taking part in Operations traineeships at a five-week pre-employment Frances Creek Mine in July. vocational course.

Below: The 2014 Frances Creek Mine graduates and support crew, at the Pine Creek Training Centre

Northern Land Council Annual Report 2013-2014 109 The Northern Land Council: Our Land, Our Sea, Our Life

The Northern Territory Minerals and Energy continues to receive many applications to explore for Objective: mineral and energy resources over land governed by the Efficiently process mineral and energy applications above Acts. More than 90% of and provide accurate advice on potential the NLC region is now covered by applications to explore for environmental impacts and benefits. minerals, petroleum (oil and gas) and geothermal energy. The exploration and production connections to land (or places), The NLC is the statutory of minerals, hydrocarbons and our cultural and social representative with and other forms of energy are activities. The responsibility responsibility for advocacy on considered to be significant to protect culturally sensitive behalf of traditional owners contributors to the financial and areas from desecration of to ensure where possible, economic growth of the NT. In sensitive areas is significant any likely impacts on the the NT, the mineral and energy not only to traditional owners, environment and culture are resource-based proposals are but also to the NLC. The rights negated or at least minimised. administered and regulated and interests of traditional This is done through the by NT legislation, the Minerals owners are protected by land negotiation of resource-based Titles Act 2010, the Petroleum tenure and are recognised by agreements and provision Act 2011, the Geothermal the Commonwealth of Australia of advice: Energy Act 2009 and the Mining as freehold land granted » Response to formal Management Act 2013. under ALRA, or through a applications from the continuous cultural connectivity The proposals for resource- minerals and energy sector to the land demonstrated based agreements may carry in relation to access to in accordance with the risks to the natural environment Aboriginal freehold land. requirements of the NTA. and to Aboriginal culture. These » Response to NTG notices risks may impact on traditional of proposed “future acts” owners’ spirituality and cultural pursuant to the NTA.

110 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

» Consultation, negotiation » Identification of the correct of a proposed resource and delivery of equitable traditional owners, estate development project, its agreements on behalf of groups and affected people timeframes, commercial traditional owners. for land within an area of opportunities, and » Assessment of the proposed development. environmental and social potential impacts of » Organisation of on-country risks, costs and benefits. approved minerals and consultations either on » Ensuring that all relevant energy projects, low level or near the proposed information is presented in exploration activities and project area. a balanced and fair manner. industrial projects. » Arranging consultations on » Negotiation of agreements » Assessment and or near the proposed project suited to specific resource distribution of benefits area (on-country). projects and their proponents, to traditional owners. » Review, synthesis and traditional owners, estate groups, target minerals A key requirement for effective communications or hydrocarbon and processing resource-based of the technical nature other factors. agreements is to ensure that the free, prior and informed consent of traditional owners is obtained. This requires the NLC to maintain a high level of technical expertise, knowledge Figure 7: Mineral Exploration in NLC Region and skills across a number of fields, the key elements of which are:

NT Land Council Boundaries Land Trust Far left: Native title holders’ Mineral Exploration Applications Water Ceremony at Legune Station Mineral Exploration Grants

Left: Well inspection at Legune Station

Northern Land Council Annual Report 2013-2014 111 The Northern Land Council: Our Land, Our Sea, Our Life

» Planning and management The capacity to advocate and to Exploration Licences: Part IV of the relationships transfer technical information ALRA between stakeholders is an important role that the which develop during the NLC fulfils to ensure that the Under ALRA, the Northern lifetime of a project. traditional owners and other Territory Minister for Mines and Energy cannot approve a » Establishing whether affected people understand the nature and purpose of a project unless the traditional the traditional owners owners have given their free, have given free, prior proposed project; and to provide an opportunity for traditional prior and informed consent. and informed consent to This requires the NLC to exploration and production owners and affected people to communicate concerns back to present all information relevant and have approved to the project, and to determine the negotiated access the proponent, regulators and the NLC. if consent has or has not agreement. been given and if the decision Many resource-based proposals Effective advocacy ensures can be legally defended. contain complex technical that free, prior and informed consent is obtained during The Northern Land Council’s information regarding project statutory obligations start development and operations. the decision-making process and that traditional owners once an explorer lodges The NLC has an advocacy an application for consent responsibility to ensure that are effectively represented. It is also fundamental to under section 41 of Part IV the transfer of technical of ALRA. These obligations information about such projects understanding the impacts that resource-based projects remain in place until such is communicated appropriately time as the application is to traditional owners. may have on the environment and more importantly on finalised or withdrawn. Aboriginal culture.

Below: John Laurence (left) with Native Title Representatives and Beach Energy agents at Legune Station

112 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Each year the NLC manages 2 On-country surveys of 4 If consented, delivery of and progresses a large number sacred sites and clan a ministerially approved, of mineral applications for boundaries, combined with executed agreement exploration licences (ELs) and defined areas that need and formal notifications petroleum exploration permits to be protected under the necessary for grant of the (EPs). As a core responsibility Northern Territory Aboriginal exploration licence under Part IV of ALRA, the Sacred Sites Act 1978. This is or exploration permit. NLC facilitates the annual usually done in conjunction Once the agreement has exploration activities for with negotiations about the been executed and upon granted exploration licences or contents of a draft legal grant of the exploration petroleum exploration permits agreement applicable to licence or petroleum once annual work program the land that may be made exploration permit by the documentation have been available for exploration. NTG, the proponent company submitted by the mineral or 3 Final on-country is then obliged to present petroleum companies (refer consultations to allow its proposed exploration to Figure 9). To achieve these traditional owners to activities to traditional owners outcomes, the NLC uses a consider and formally at a specially convened four-step consultation process: accept or refuse the work program meeting. 1 Initial on-country application and its These meetings are a consultations to establish associated agreement. contractual obligation and if traditional owners wish occur annually, although to reject the application or additional meetings would be if they wish to enter into required if significant changes negotiation of an agreement. are made to the work program.

Below: Pete Moorhouse from Alligator Energy and Traditional Owner Kenneth Mangiru inspecting a drill rig on country with the NLC

Northern Land Council Annual Report 2013-2014 113 The Northern Land Council: Our Land, Our Sea, Our Life

Aboriginal land exploration Figure 8: Mineral Exploration Licence licences backlog and the new Applications in the Northern Territory negotiating period At the end of the 2013-2014 reporting period, the NLC carried a backlog of 162 (see Table 6, page 115) uncompleted exploration applications (includes both mineral and energy applications) on Aboriginal freehold land. As a reflection of the global share Aboriginal Freehold Land (47) market, there appears to be slight increases in the number Native Title Held Lands (237) of applications received and simultaneously a large number Figure 9: Exploration Licence Applications of applications withdrawn by Land Council Region during the reporting period. In light of this projection it is likely that more time was allowed to finalise more applications given the number of applications received and withdrawn by explorers this year.

Tiwi Land Council (0) Anindilyakwa Land Council (1) Northern Land Council (139) Central Land Council (144)

Western Desert Resources operations

114 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Figure 8: Mineral Exploration Licence Table 7: ALRA PART IV Minerals and Energy Workload Applications in the Northern Territory Five Year Trend 09-10 10-11 11-12 12-13 13-14

Applications that were already being processed 153 164 142 164 141 on 1 July add Applications received during this reporting 49 44 64 32 48 period subtract Applications explorers withdrew 21 20 34 40 15 during the reporting period subtract Applications finalised during the 17 46 8 15 12 reporting period TOTAL Applications still requiring NLC 164 142 164 141 162 processing on 30 June

Over the course of the Exploration Licences: attract the procedural right reporting period, a total of Native Title Act to negotiate an exploration 68 on-country consultations agreement. Many of the related to resource The NLC is a native title applications for petroleum development proposals on representative body under the exploration and granted Aboriginal freehold land. provisions of the NTA. As a petroleum exploration permits Again, this represents part of its responsibility, the pose significant logistical significant inroads into the NLC deals with applications problems as they cover vast backlog of applications due for minerals and energy tracts of land and are in largely to the NLC focusing its exploration and granted remote locations of the NT. resources on facilitating the tenements on land over which A licence area (or boundary) on-country consultations with native title applies. of a petroleum exploration traditional owners to enable Many of the applications permit application or a granted consideration of the proposals for mineral exploration are petroleum exploration permit for mineral and petroleum considered by the NTG to have can exist simultaneously within projects including exploration, minimal environmental and mining tenure administered by exploration agreements and social impact and are quickly Northern Territory legislation: the annual exploration activities granted under an expedited the Minerals Titles Act 2010, of granted exploration licences procedure. In these cases, the Petroleum Act 2011, the or petroleum exploration an agreement is normally Geothermal Energy Act 2009. permits. The statistics negotiated only if the explorer The NLC held about 144 themselves do not reflect the finds an economically viable on-country consultations complexity and vastness of mineral deposit and an related to both mineral and some exploration proposals application for a mineral lease energy exploration on native and the resources required to (ML) is then lodged with the title land this year. Table 7 conduct such a large number NTG. However, applications below provides a breakdown of on-country consultations. such as those lodged by by type and number of petroleum companies are consultations held under the likely to have significant ALRA and NTA provisions. environmental and social impacts which automatically

Northern Land Council Annual Report 2013-2014 115 The Northern Land Council: Our Land, Our Sea, Our Life

Table 8: Resources and Energy Consultations On-Country 2013-14

Applications for Exploration Licences - Aboriginal land 51 39 Stage 1 Initial consultations 12 Stage 3 Final consultations Granted Exploration Licences - Aboriginal land 17 17 Contract management consultations, mainly dealing with an explorer’s annual work plan for exploration Surrendered Exploration Licences - Aboriginal land 2 To bring an exploration agreement to an end following the explorer’s departure, these consultations confirm satisfactory ground rehabilitation, deal with final payments, and resolve contractual and other loose ends Other Energy & Resources Projects 144 (including mineral and energy applications on native title land) Consultations not involving exploration licences on Aboriginal land or consultations to advance proposals to open, to re-open or to expand a mine. 31 consultations regarding operating mines (ongoing contractual, social and environmental arrangements) 21 consultations on mine closure and rehabilitation planning at Rum Jungle, Woodcutters, Redbank and Ranger Uranium Mines. 92 Native title consultations for access or similar arrangements to facilitate exploration (future acts, work programs, surveys excludes major projects) Total: All Energy & Resources Consultations 213

116 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Negotiating Manageable During the 2013-14 reporting » Traditional Owner Resources, Energy and period four agreements participation in the Infrastructure Agreements were executed for petroleum exploration works planning exploration applications. and approvals process – The NLC continues to identify The high volume of work by annual reporting, and address Aboriginal the branch is attributed to on-country consultations disadvantage through processing a large number and sacred sites surveys. positive financial and social of petroleum exploration » Oil and gas companies outcomes negotiated in applications and the high resource development and working together with level of petroleum exploration Aboriginal cultural monitors infrastructure agreements. activity conducted on granted Over the past five years, there to protect sacred sites petroleum exploration permits during exploration activities. has been a focus on securing in the NLC region. The benefits longer lasting benefits such that flow from these negotiated as local infrastructure, and agreements include: employment and business development opportunities. These benefits have been generally welcomed by resource companies and traditional owners.

Native Title representatives and Beach Energy Well Inspection at Legune Station

Northern Land Council Annual Report 2013-2014 117 The Northern Land Council: Our Land, Our Sea, Our Life

Figure 10: On-shore & Off-shore annual exploration activities Petroleum Exploration in NLC’s region under mineral licences and petroleum exploration permits. Wherever possible, the NLC sought to secure opportunities under these contracts to facilitate seasonal and long-term employment for Aboriginal people. In the 2013-2014 reporting period, some of the more significant contract-based environmental and social impact works undertaken by the NLC included: » On-going participation in cultural heritage management, mineral exploration and auditing activities on a number of granted licences held by DPG Resources, Alligator Energy, BHP Billiton, NT Land Council Boundaries Cameco and Rio Tinto Land Trust Exploration in Arnhem Land. Mineral Exploration Applications Mineral Exploration Grants » Participation in petroleum exploration and planning activities associated with Falcon Oil & Gas, Sasol and Origin Energy joint venture, » Local employment and Contract Management: and proposed exploration the provision of training Implementation of Resource work in the Elliott region. programs. Related Agreements » Participation in petroleum » Committing companies to Negotiated agreements are exploration and planning high-level environmental binding legal documents activities associated with and cultural considerations and carry contractual Pangaea Resources in with penalties for obligations. By law, the NLC the Timber Creek and non-compliance in assumes responsibilities Mataranka regions. serious cases. and commitments on behalf » Participation in petroleum » The provision for exploration of the traditional owners or exploration and planning compensation payments, native title parties to ensure activities associated with and more. companies meet their Beach Energy in the Timber contractual obligations. During Creek region. 2013-2014, the NLC facilitated a high proportion of its on- » Participation in petroleum country consultations with exploration and planning traditional owners (native title activities associated with parties) related to Santos Limited near Daly Waters.

118 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

» Participation in petroleum Operating Mines Additionally, the NLC exploration and planning and Infrastructure represents traditional owners activities associated with affected by a number of smaller Armour Energy near The five operational mines in mines at various stages of Borroloola. NLC’s region are: operation. These include: » Participation in petroleum » Rio Tinto Alcan Gove – which » Merlin – which produces activities associated with mines bauxite and produces diamonds near Borroloola. the Jacaranda Alliance alumina near Nhulunbuy in north-east Arnhem Land. » Redbank – which is over tenements near aiming to produce copper Mataranka and in the » ERA Ranger Uranium on Wollogorang Station Barkly Tablelands. Mine – which mines and near the NT/QLD border. » Participation in petroleum produces uranium oxide Redbank is currently exploration associated with near Jabiru in close to non-operational. western Arnhem Land. Imperial Oil and Gas in the » Frances Creek – which Ngukurr region. » OM (Manganese) Limited produces iron ore near » On-going discussions with Bootu Creek Mine – which Pine Creek. mines and produces the NTG, representative » Sherwin Iron - which bodies and oil and gas manganese near Tennant Creek. produced iron ore under a companies to optimise Bulk Sampling project in the business development » Glencore Xtrata McArthur Roper River region. Sherwin outcomes and training River Mine - which mines a Iron’s mine site is currently opportunities for complex silver-lead-zinc ore non-operational. Aboriginal people. near Borroloola. » Numerous gold producing There is an expectation that the » Western Desert Resources mines operating around on-shore oil and gas industry Roper Bar Iron Ore Project Pine Creek. will continue to grow under – which mines and produces the NTG’s initiative to release iron ore near the Roper petroleum acreage in the River. Northern Territory. The NLC anticipates an increase in the volume and variety of work, hence the need to address the proposals for resource-based projects as infrastructure develops.

Right: NLC Mining Officer Pascale Taplin with Keith Rory, NLC Council member, at the Redbank mine site Far right: NLC officers Greg McDonald and Pascale Taplin at the Redbank mine site

Northern Land Council Annual Report 2013-2014 119 The Northern Land Council: Our Land, Our Sea, Our Life

Stakeholder Meeting between the Native Title Holders and Northern Territory Ministers at the Redbank Mine Site

In addition to its statutory and NTG Memorandum of Mine Closure and function, the NLC assumes Understanding on Uranium Rehabilitation a responsibility to represent Regulations (2005). traditional owners affected There is an expectation that » On-going participation in the post-operational project by the operations of each environmental auditing mining project. The degree environment will be stable and activities associated with sustainable to permit future of representation will vary the various smaller mines according to the relevant generations of Aboriginal around the Top End of the people to access and utilise agreement and the level Northern Territory. or scale of the operations traditional lands long after any » On-going participation undertaken by the company. minerals or energy projects in cultural heritage Through the reporting period, have ended. History shows management and auditing the discharge of responsibility that this has not always been activities at OM (Manganese) was extended to: the case, making high quality Limited manganese mine at outcomes for mine closure » Continued representation Bootu Creek. and rehabilitation projects an of Mirarr people through » On-going participation in important aim of the NLC’s the membership of environmental auditing mining agreements. Alligator Rivers Region activities associated with the Technical Committee Environmental and social Wadeye to Ban-Ban Springs (ARRTC) and the Alligator impact clauses within NLC’s Bonaparte gas pipeline. Rivers Region Advisory agreements help to ensure Committee (ARRAC). » Environmental assessment that land affected by mining and on-country consultations » Continued representation is rehabilitated to the highest for Pacific Aluminium’s of Mirarr people on the possible standard before its Katherine to Gove Gas Ranger and Jabiluka Mine return to traditional owners, Pipeline (KGGP) proposal Site Technical Committees native title parties and the that was withdrawn during pursuant to the Australian general public. As part of the reporting period. its Aboriginal economic development strategy, the NLC seeks outcomes that provide

120 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

for the active participation of matters associated with » Ranger Uranium Mine – Traditional Owner-generated environmental and land Ranger Taskforce Leach businesses and land management. The NLC provides Tank Failure. management programs that technical and environmental » The Rum Jungle Working operate not only throughout advice about all mineral and Group Committee (including the life of the mine, but well petroleum exploration and Aboriginal representatives of beyond closure. production activities which may the Liaison Committee). impact on their land. The NLC’s In the 2013-2014 reporting » The Woodcutters Mine responsibilities include liaising period, the NLC and traditional Closure Liaison Committee. among project developers, owners participated in a Governmental agencies and » The Bootu Creek number of initiatives related to traditional owners. The NLC may Manganese Mine Liaison the closure and rehabilitation initiate its own environmental Committee. of mines, these include: research or investigations in » Western Desert Resources » Promoting the interests order to ensure best practice Roper Bar Iron Ore Project of the Mirarr people in and the observance of Liaison Committee. the development of future precautionary principles. » Sherwin Iron Regional closure criteria for the Liaison Committee. Ranger Uranium Mine Over the course of this through ongoing technical reporting period, the NLC » Redbank Working Group meetings with Energy represented the traditional Committee. owners and native title parties Resources of Australia The NLC also provided at a number of scientific and (ERA) and government traditional owners and native technical forums listed below. representative bodies. title parties with environmental A number of the traditional » Promoting the interests advice, representation owners (or their associations) of the Finniss River or formal submission in also participated on these Aboriginal Land Trust response to publically available committees: and the Kungarakany documents in relation to the and Warai traditional » The Alligator Rivers following proposed major owners throughout the Region Technical developments and inquiries: Committee (ARRTC). closure of Newmont base » Vista Gold Mt Todd Gold metals mine. » The Alligator Rivers Mine near Katherine. Region Advisory » Promoting the interests » Sherwin Iron “Area C” Committee (ARRAC). of the Finniss River (Gum Creek) Bulk Aboriginal Land Trust and » The Ranger, Jabiluka Sampling Project in the the Kungarakany and Warai and Nabarlek Mine Roper River region. traditional owners as part Site Technical » Northern Territory Public of the National Partnership Committees (MTCs). Inquiry into Hydraulic Agreement between the » Ranger Uranium Mine - A Fracturing. Northern Territory and the Technical Working Group Australian government in set up to implement In May this year, the NTG respect of the former Rum findings of An Independent announced a Public Inquiry Jungle Uranium Mine. Surface Water Report (2012) into Hydraulic Fracturing. Environmental Advice which investigated specific ‘Hydraulic fracturing,’ or ‘fracking’, is an unconventional and Representation aspects of surface water monitoring at the Ranger drilling technique to recover Under ALRA and the NTA, Uranium Mine. hydrocarbons (oil and gas). the NLC has a responsibility » Ranger Uranium Mine to represent and support – Proposed 3 Deeps Aboriginal people with any Underground Mine.

Northern Land Council Annual Report 2013-2014 121 The Northern Land Council: Our Land, Our Sea, Our Life

Figure 11: 5 year trend 2009-2014: Consultations substantially Traditional owners (and, arranged but postponed 2009-2014 indeed, sections of the wider community) harbour concerns about the environmental risks 20 of the integrity of petroleum wells and certification, and the monitoring of such wells 15 to ensure the highest level of protection of water sources. On 30 June 2014, the NLC provided

10 comments on the terms of reference for the Public Inquiry. The NLC continues to refine 5 information associated with petroleum exploration in order for traditional owners to make an ‘informed decision’ 0 about petroleum applications 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 presented to them.

Postponed Postponed Postponed The NLC continues to liaise explorer’s external NLC co-ordination with government, industry request factors difficulties representative groups and non-governmental organisations for strong and Figure 12: 5 year trend 2009-13: Measuring our effective regulation of the progress against the 20 meetings target petroleum industry. 250

200

150

100

0 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014

Target for Scheduling Consultations Right: Welcome to country by stakeholder meetings with held with traditional Maureen Timothy at Redbank schedule meeings key stakeholders Aboriginal owners Mine site, April 2014

122 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Industry Conferences and industries, particularly those Professional Training activities related to on-shore oil and gas and related The NLC continues to infrastructure developments. participate in conferences and forums associated with Challenges: the minerals and energy sector while dealing with the The branch continued to development of resource-based confront various challenges, proposals and infrastructure including: received by mineral and » Tasks with competing petroleum companies. priorities Although quality industry » Departure of key staff training is expensive, the » Recruitment and induction NLC aims to maintain a of new project staff competitive edge by acquiring » Availability of consultants a thorough understanding during peak work periods of industry developments and » Risks associated by investing in the professional with undertaking on- development and training of country consultations relevant staff. Participation simultaneously where at industry conferences and numerous resource, targeted training through exploration or development related networks are projects are to be discussed positive investments towards achieving the NLC’s objectives » Disputes within or between and outcomes. landholding groups » Localised weather Staff attended the following conditions and the inability industry forums and training to access country seminars to establish networks with project developers and Outcome: the NTG: The number of postponed » The 2014 AusIMM meetings was the same as International Uranium the last reporting period. Conference. Although meetings cancelled » Petroleum exploration by a company or the NLC presentation by Santos reduced significantly, external Limited - including factors were the main reasons representatives of the for postponements. Measuring NT Aboriginal Areas progress against the target Protection Authority. of 20 meetings due mainly » “Environmental Law in the to rationalisation of finances Northern Territory” seminar. and priorities within the » Conflict Resolution. resources sector. The NLC continues to develop an understanding of the resources and infrastructure

Northern Land Council Annual Report 2013-2014 123 The Northern Land Council: Our Land, Our Sea, Our Life

Advocacy Services

Garawa ranger Christopher Green on Waanyi – Garawa country in the Gulf of Carpentaria

124 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Northern Land Council Annual Report 2013-2014 125 The Northern Land Council: Our Land, Our Sea, Our Life

The media unit has established Public Awareness and Education a good record in responding promptly to requests for Objective: information and interviews. Advocate on behalf of Aboriginal people and express The unit has represented the organisation at various festivals their views. and NAIDOC events. The distribution at these events of Furthering public awareness The media unit also produces a a range of corporate branded of the work and policies of the monthly newsletter for staff. merchandise (caps, bags, NLC and promoting the views writing materials, footballs, The arrival in the New Year of Aboriginal people in its etc.) has helped to raise the of Mr Joe Morrison as CEO region is a core responsibility. NLC’s profile, especially among has strengthened the NLC’s young people. The NLC produces a wide public profile. Mr Morrison range of information and has made himself readily This year the media unit has educational resources. available for a much increased joined the world of social number of interview requests media. The NLC now has a The media unit deals with a across a wide range of news presence on Facebook and large number of enquiries media outlets. Twitter, and is planning a major from local, national and upgrade of its website to give it international news media, The NLC’s media unit also a more modern look and make and also produces Land Rights released several media it more accessible. News – Northern Edition. statements, which are posted on the NLC’s website. They There continued to be a Land Rights News was first covered a broad spectrum of steady interest from news published in 1977 and is subjects: NLC organisational media in travelling to remote Australia’s longest-running and electoral matters, communities, which usually Aboriginal newspaper. constitutional reform, mining requires the issuance of a special media permit. For Four editions, each of 24 pages, and hydraulic fracturing major events, like the funeral were produced during the (“fracking’), support for the of the late Dr Yunupingu in reporting year: July and Aboriginal Areas Protection east Arnhem Land, traditional October 2013, and January Authority, the need for better owners gave a waiver of and April 2014. roading infrastructure, the emerging buffalo live-export permits, to allow news media In January 2014, the print industry, and the need for ready access. run was slightly reduced, morgue services in remote Permission to film and and financial savings were communities. photograph landscapes and applied to cover the costs of interview members of local printing Land Rights News Northern development communities is considered on better quality paper. The and NTG water allocation by traditional owners, and look has much improved, and policies were also extensively where these engagements are photographs better reproduced. covered in media releases and interviews. The decision commercial in nature, a special Land Rights News has a in June 2014 to settle the agreement is negotiated. big subscription list (mostly Federal Court Muckaty case The media unit has already from libraries and Aboriginal attracted widespread interest started to lay plans for marking institutions) and is distributed from national and international the 40th anniversary in 2016 of free to Aboriginal communities news media. the passage of the ALRA. across the NLC region.

126 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Funeral and Table 9: Funeral and ceremonial assistance, approved applications Ceremonial Fund Burial Ceremony Total per The NLC administers a Funeral Region and Ceremonial Assistance project grant funded by the Borroloola Barkly 33 12 45 Aboriginals Benefit Account Darwin Daly/Wagait 132 5 137 which is now under the East Arnhem 79 8 87 Department of Prime Minister and Cabinet portfolio. The Katherine 55 4 59 Full Council recognises the Ngukurr Numbulwar 43 6 49 increasing costs of charters, freight and coffin costs and the Tennant Creek 6 10 16 funeral and ceremonial policy Victoria River District 25 3 28 enables traditional owners to West Arnhem 75 5 80 apply for assistance to conduct funerals and ceremonies on 448 53 501 country. This is an integral aspect of cultural and heritage The total figure across all regions of 501 approved applications protection in the NLC’s region. compares with 358 for the 2012-2013 reporting year. The NLC maintains its The total number of burial applications rose from 288 in 2012-2013 to policy of no cash payments. 448; ceremony applications decreased from 70 in 2012-2013 to 53. No cigarettes, no alcohol or personal items can be Because of budget and policy changes no assistance was provided purchased. for ceremonies relating to an actual burial. The table right provides Outcome a breakdown by region of the number of approved After an investigation in Outcomes from an audit applications for the funeral 2012 by the NT Ombudman, commissioned by NT Minster and ceremonial assistance. and reports by the NT for Community Services in early Co-Ordinator General for 2014 are yet to be published. Remote Services (2010-2012), The NLC strictly adheres the NLC continues to lobby to policy guidelines whilst both the Northern Territory assisting grieving families in and Australian governments to need and by liaising sensitively take responsibility for supply with funeral parlours, hospital, and ongoing maintenance of coroners and service providers. morgue facilities in remote areas of the Northern Territory.

Northern Land Council Annual Report 2013-2014 127 The Northern Land Council: Our Land, Our Sea, Our Life

Cultural and Heritage Support to a site(s) on or near the land that gives the particular Objective: group the “primary spiritual responsibility” for the site(s) Supporting Aboriginal people to maintain and and associated land. In addition they are the group that, by protect sacred sites and cultural heritage. Aboriginal tradition, are entitled to forage, “as a right” over it. The granting of land rights Aboriginal people in Aboriginal The definition can be found in to Aboriginal people not only communities, is that traditional section 3 (1) of the ALRA. The recognised the justice of prior law is the governing force of NTA in its section 223 discusses claims to ownership, it also our daily lives. the concept of a native title recognised the validity of holder, being Aboriginal people Among other things these Aboriginal traditional law who by “laws and customs” laws include those involving and cultural values. have a connection with some traditional land ownership and particular land or waters. Aboriginal law is an integral norms governing land use. and inseparable part of Because the requirement Not surprisingly, supporting Aboriginal culture. It is as to identify the appropriate Aboriginal law and associated important to Aboriginal people people and groups for some cultural values is considered as our traditional lands and country is basic to both to be among the most heritage. Despite public traditional Aboriginal and important roles of the NLC. The perception, it is not primarily non-Aboriginal law, the documentation for sacred sites, about criminal punishment NLC seeks at all times to be dreaming sites and significant or the rights of individuals. thorough and professional in places such as painted shelters According to Justice Blackburn, its research to identify and and rock engraving sites is one who heard the Gove Land document this information. of the major works undertaken Rights case in 1971, it is: This is central to the by the Anthropology branch Anthropology branch’s work. “A subtle and elaborate system each year and involves a highly adapted to the country in coordinated approach by The branch has a number of which the people lead their lives, professional, regional, logistic trained anthropologists each which provided a stable order and mapping GIS staff. Over of who cover a specific region. of society and was remarkably the past year there have been These have been chosen to free from the vagaries of a number of major projects of reflect underlying Aboriginal personal whim or influence … this nature. societies and cultural regions a government of laws, and and a number of branch staff not of men” Formal Advice on members are based in regions and work from a local office. [Justice Blackburn, Traditional ownership All of the staff are experienced Gove Land Rights Case, 1971.] The identity and nature of any in anthropological fieldwork Aboriginal law derives its traditional Aboriginal land and recording. Other duties authenticity from the actual owning group is contained cover office logistics, mapping social practices of Aboriginal within Aboriginal Law. The G.I.S. and curating, support communities and owes nothing ALRA makes the effort to anthropology staff. As required to the reasoning of lawyers, capture this when it defines from time to time consultant the decisions of parliament, traditional Aboriginal owners anthropologists are engaged. or the rulings of courts. The as being “a local descent These are usually highly fact of life for many Aboriginal group” of Aboriginal people qualified persons with a good people in the NT, and for all who have common affiliations

128 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

deal of experience with an area Table 10: Registered LIRs released by activity and group of people including formal publications. Often ACTIVITY PROPOSAL NUMBER OF they are academics whose REQUESTS knowledge and background affords learning and training Communities 39 opportunities to staff. Most give Indigenous Protection Areas (IPA) 3 presentations to the NLC on Land Claims 2 their work. Media 5 The advice prepared by the regional anthropologists that Mining 99 identifies traditional owners National Parks 4 and released to the other Native Title - Land 16 branches is used for a wide variety of purposes including Native Title - Sea 8 land and native title claims, Pastoral; Land, Sea & Natural Resources 61 consultations with clients for Management mining, other projects and Research 5 section19 ALRA proposals and developments. Tourism 10 Land Interest Reference Utilities 22 Report Other 10 Land Interest References TOTAL 284 (LIRs) are registered each year for those with an interest Outcome: in using any Aboriginal land or waters. All requests are A total of 284 requests were lodged, with 220 significant releases recorded and processed, and completed this financial year. Although this is a decrease in the the table below provides a number of releases, it does not represent the complexity of the breakdown of activities. research required in compiling the LIRs.

Figure 13: 5 year trend 2009-14: Total annual LIR requests 500 450 400 350 300 250 200 150 100 50 0 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014

Northern Land Council Annual Report 2013-2014 129 The Northern Land Council: Our Land, Our Sea, Our Life

Waanyi/Garawa advisor Jack Green and ranger Robert O’Keefe undertake controlled burning

LIR Database Report

Since 2006 the Anthropology A major obstacle is that During this reporting period branch has designed and many documents are held as 1,041 new documents were implemented enterprise hardcopies, resulting in an submitted to the LIR, each database management ongoing task over the last few requiring geographic and systems to support growing years to scan and recognise ethnographic indexing, which demand on research outputs. text of hardcopy documents. has placed a considerable Central to this has been the administration overhead There are a total of 24789 development solution that for the branch. documents held in the LIR, stores documents and maps of which 18237 now exist in electronically, with a full text electronic format, with a total index on the documents stored of 2497 documents digitised in within it. this financial year.

130 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Land Interest References Figure 14: The LIR is geographically referenced by the 1:100,00 scale topographic map sheet, which provides quick direction to relevant ethnographic material

100k Map Grid % Digital 0 1-25 26-50 51-75 Total docs: 25,224 76-99 Total digital: 18,965 100 Pct digital: 75.2%

Northern Land Council Annual Report 2013-2014 131 The Northern Land Council: Our Land, Our Sea, Our Life

GIS Section Figure 15: 5 year trend 2009-2014: GIS mapping workload

The NLC has a four-person 800 team running a Geographic Information System (GIS). The 700

GIS is computer based, using 600 ESRI ArcGIS desktop software as well as server technology 500 which provide mapping technology to NLC staff via the 400 NLC intranet. 300 The primary outputs of the 200 NLC GIS are cartographic (map production). The workload 100 is managed using database technology with a web interface 0 for making map requests and 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 managing jobs. Completed jobs While the GIS section is part of the Anthropology branch, it provides a services to the whole organisation. As well as maintaining momentum with native title the custody of Professor Len claim mapping, the GIS Other Projects: Bringing Historical Smith. The NLC’s Anthropology section has put a focus on branch contacted Professor database development this Data Back to Life – Smith to negotiate the year, and has made progress Aboriginal Populations translation of this tape data compiling geographic data Register into a readable format. for section 19 agreements, gravel pit extraction areas, During the 1960s and 1970s, This data were translated and legal agreements and the Welfare Branch of the have now been incorporated mining tenements. Northern Territory compiled into a relational database data from the Aboriginal system. The database has Population Records onto 36,850 records of Indigenous mainframe computer tapes. people including geographic This database was used in tags (such as current location, conjunction with COBOL location of birth and death), punch cards to interpret and and as such represents a manipulate the data. For some significant and useful research decades the data tapes and tool for the NLC. punch cards have been in

132 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Sea Rights

Although called the Northern application by Lardil people Significant anthropological Land Council, the NLC has, in Queensland not far from studies have been carried out since its early days known that the Territory border produced for these matters, and the NLC many Aboriginal people in our essentially the same result. now has detailed ethnographic region consider ‘country’ to data on clans, boundaries, In 2002 the NLC began Gumana include islands, reefs, sand sites, dreamings and song vs The Northern Territory, now banks and even associated lines in the sea. While similar commonly called the ‘Blue sea beds and tides as well. to work on land in many ways, Mud Bay case’ that, while The possibility of pursuing sea working on the sea where eventually successful through rights however had to await boats, tides and weather appeals in 2008, was restricted the passage of the NTA in are all important has been a in application to the intertidal 1993. Among the first made challenge. Over the past year zone and tidal rivers overlying on behalf of Aboriginal people the NLC has continued Aboriginal land. The traditional by the NLC was Yamirr vs The to engage with colleagues owners and the NLC have Northern Territory (decision in from the Anindilyakwa Land maintained an interim access 2001) involving sea country in Council on the progression regime while extensive and the Arafura Sea near Croker of anthropological research detailed consultations and Island. The court found that the and the lodging of an discussions between the applicants held non-exclusive application for the recognition NTG and land owners have native title in the area. The of native title rights in sea taken place. Wellesley Island Native Title country in the Numbulwar– Groote Eylandt region.

Dhimurru ranger Milika Marika, hunting in his home country in east Arnhem Land during a visit to record an episode of the television series, Move it Mob Style.

Northern Land Council Annual Report 2013-2014 133 The Northern Land Council: Our Land, Our Sea, Our Life

Administration and Support Services

134 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Distributions

The NLC maintains a with regional office staff and not that entitlement is qualified royalty trust account that anthropologists. The NLC by place, time, circumstance, receives monies on behalf also assists groups to resolve purpose or permission. of associations of Aboriginal disputes over distributions. Where land is granted in a people and individuals in deed of grant held in escrow accordance with section 35 Outcome: by a Land Council, a Land of the ALRA. The monies are Under Ss15, 16 and 19 of the Trust may acquire the estates disbursed in accordance with ALRA, income of $8,346,000 and interests of other persons the terms of the Trust. The NLC was generated from Aboriginal with a view of gaining the makes distributions of rents, land and or native title holdings delivery of the title to the payments and royalties payable this year. Land Trust. A Land Trust to traditional owners and cannot exercise its functions royalty receiving associations. Subject to Traditional Owner instructions there are in relation to land except in Table 10: Breakdown of Royalty distributions made outside accordance with a direction Distribution Payments the statutory six months given by the Land Council. period. However, according to $’000 Land Trusts consist of a traditional decision making Chairman and not less than S35(2) 8,352 processes, a total of 9,330 three members who hold office Statutory royalty payments were made for periods not exceeding five Royalties during the course of the years. Land Trust members are financial year. S35(3) 20,614 usually traditional owners of Negotiated the land held in trust. Payments Administering Aboriginal Land Trusts The NLC assists the Land S35(4) 31,659 Trusts in a number of ways Rental Objective: including the secure storage of and Lease Deeds of Grant and Common Monies Seals, administering and Assist Aboriginal negotiating leases, receiving Other 1,064 Land Trusts to act and distributing monies such 61,689 appropriately and in as rents and royalty payments and the resolution and accordance with the management of disputes. The NLC also administers Aboriginal Land Rights the Ceremonial Purposes Outcome: Fund on behalf of the (NT) Act 1976. Aboriginals Benefit Account There are 58 Aboriginal Land Trusts within the NLC’s (refer to page 191). Land Trusts are statutory jurisdiction. The membership bodies corporate that hold Taking instructions and of six trusts expired during title to Aboriginal land under the distribution of royalties the reporting period and the ALRA for the benefit of the and payments is a resource require renewal. intensive process. The Aboriginal people concerned, primary responsibility for the including traditional owners co-ordination of meetings and Aboriginal persons who of Aboriginal landowners to are entitled by tradition to use determine distributions lies or occupy the land, whether or

Northern Land Council Annual Report 2013-2014 135 The Northern Land Council: Our Land, Our Sea, Our Life

Mediation and Dispute Resolution Objective:

Support traditional owners to manage and resolve disputes.

With its favourable environment The NLC’s functions include, and relatively abundant water under s25 of the ALRA, a duty resources, the northern to ‘attempt [the] conciliation region of the NT has always of disputes’. “Where a Land had a large Traditional Owner Council is informed that there population. Its position has is, or there may arise, a dispute also tended to attract much of with respect to land in the area the Territory’s non-Aboriginal of the Council between persons population and subsequent to whom this section applies, development. The Territory’s the Land Council shall use capital for example is sited its best endeavours by way of in Darwin. Considered along conciliation for the settlement with the coast (which has or prevention, as the case may many unique issues) and be, of that dispute.” such things as farming, The NLC is also the arbiter the uranium resources and for the identification of the large towns, the Top End’s traditional owners of ALRA. Traditional Owner population is Consequently the need arises confronted with numerous and for investigations of disputes, often contentious issues. Not mediation and for formal unnaturally there can be widely findings by the land council in differing opinions held that some cases. The NLC takes result in tensions within and this work seriously and works between groups with regard to through them appropriately some issue such as a proposed and professionally. development. In addition there are those Outcome: that arise with regard to No directions to Aboriginal traditional ownership. These Land Trust to enter into land may be boundary disputes use agreement were subject between groups, or they to legal challenges. may be intra-group disputes regarding membership, or some combination.

136 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

and monitoring the risk Corporate Governance management processes and in conjunction with the Objective: leadership group are expected to make recommendations Our corporate governance philosophy is underpinned about compliance and how to by principles of accountability, transparency and improve performance. openness, integrity, leadership and commitment. The framework is a fluid document and is expected to be updated along with the The enabling legislation of or former member of staff. Strategic Plan. the Northern Land Council Comcover provides general is the Aboriginal Land Rights liability and professional The Audit Committee Charter (Northern Territory) Act 1976. indemnity insurance for NLC sets out the role and purpose The responsible Minister for directors and officers. Legal of the Audit Committee who the 2013-14 reporting period is practitioners are covered act as an advisory body on Senator the Hon Nigel Scullion, by compulsory professional the operation and financial Minister for Indigenous Affairs. indemnity as required by the management controls and For the period 1 July 2013 NT Law Society. reporting responsibilities of the to 18 September 2013 the organisation, oversee internal former Minister for Families, Risk Management and external audit functions, Community Services and and Ethics and provide independent and Indigenous Affairs, the Hon objective assurance that the Jenny Macklin MP was the The elected Northern systems, processes and risk responsible Minister. Land Council members management strategies of the are responsible for setting NLC are robust and comply The performance of Directors the policy and oversight with acceptable standards and is informally reviewed by their of the risk management government requirements. peers, fellow regional council framework that integrates members, executive members The Audit Committee is the process for managing and respective communities independently chaired risk into the organisations that have nominated them by Ms Suzanne Archbold overall governance, strategy as their representative. (Deloitte), attended by and planning, management, NLC staff provide corporate John Christophersen (West reporting processes, policies, governance training and Arnhem Region Executive values and culture to comply advice when required. Council Member), Helen Lee with the Australian/New Zealand (Katherine Region Executive Risk Management Standard (AS/ Council Member). The Exemptions Granted ANZ ISO 31000:2009). by Finance Minister General Manager Corporate The leadership group, including Compliance of the NLC attends There were no exemptions the Chief Executive Officer, Audit Committee meetings, granted by Finance Minister is responsible for ensuring but is not a member of the in regard to reporting that systems, processes committee. Mr Matthew requirements in 2013/2014. and controls are in place to Kennon of Merit Partners minimise the uncertainty also has a standing invitation Insurance Premiums of risks and impacts on the to attend meetings on behalf for Officers organisation’s strategic of the Australian National objectives and operational Audit Office. No indemnity against liability outcomes. The NLC’s Code of Conduct Policy has been given by agreement The Audit Committee is and Council Member’s Handbook or other means to a current responsible for reviewing

Northern Land Council Annual Report 2013-2014 137 The Northern Land Council: Our Land, Our Sea, Our Life

outlines ethical behaviour CONSULTANT EXPENDITURE 2013/2014 standards at both personal and professional levels expected Contracts over $100,000 5 within the workplace. The NLC $1,900,566 workplaces include an office Total Consultants Expenditure environment and or remote field environments. Each staff member Consultants - Aboriginal is made aware of and has access to the Code of Conduct on DAVID LEE $3,672 commencement, via the intranet MABUNJI ABORIGINAL RESOURCE ASSN INC $5,616 and during reviews. Similarly the Full Council Members receive LENORE DEMBSKI PAPERBARK WOMAN $5,886 an induction and copy of the $15,174 handbook, as well as knowledge of appropriate behaviour. Consultants - Anthropologists

Related Entity FRANK MCKEOWN- MCKEOWN YGOA & $219,692 Transaction ASSOCIATES PTY LTD

The Full Council is made PATRICIA F PUIG $6,096 up of 83 council members JEFFREY STEAD ANTHROPOLOGICAL CONSULTANT $37,667 representing 7 regions in ANTHROPOS CONSULTING $48,242 NLC’s jurisdiction; it is the Full Council that makes decisions PEACE AND CONFLICT STUDIES INSTITUTE AUSTRALIA $20,595 about any grant transactions. WALTER ZUKOWSKI $96,255 Freedom of Information ANNA NOLAN $31,179 MICK REYNOLDS $109,133 NLC is exempt from reporting under the Freedom of BENNETTS ANTHROPOLOGICAL CONSULTANCIES $85,431 Information Act 1982 and IAN WHITE $16,829 suggests readers visit the CHRIS HAYNES $40,284 Information Publication Scheme website JOHN DYMOCK $4,500 http://www.oaic.gov.au/ips/ APPLEBY CONSULTING $58,397 for more information. BRENDAN CORRIGAN ANTHROPOLOGICAL SERVICES $17,885 Consultant Procedures, DR PHILIP CLARKE $12,402 Competitive Tendering SIX SEASONS $3,570 and Contract Management GAY ENGLISH CONSULTING $23,282 The procurement policy JITENDRA KUMARAGE $39,020 is consistent with the PAUL MEMMOTT & ASSOCIATES $4,000 Commonwealth procurement principles. During the reporting $874,461 period the NLC engaged the following list of consultants to do work in relation to the Council’s functions and exercise of powers under ALRA, as required under s.37(8) of ALRA.

138 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Consultants - Legal Advertising and Market Research SLM CORPORATE PTY LTD $30,000 STURT GLACKEN $176,283 The Northern Land Council advertised during normal CHRIS HORAN $5,125 recruitment campaigns, KEELY T.P. $167,082 released a number of media releases and published the Peter Willis $250,335 Land Rights Newspaper. GIRGENTI LAWYERS $49,300 Northern Land Council MEGAN BRAYNE $36,506 attended the Barunga Festival to promote community Sue Meaghan $36,165 awareness of its role and JAMIE DALZIEL $4,102 achievements. No market research, polling or direct $754,898 mail activities were undertaken this financial year. Consultants - Other Environmental ENDEAVOUR CONSULTING GROUP $22,260 Performance DR HOWARD SMITH $15,250 The key principles of $15,463 Deloitte (Brisbane) ecologically sustainability OTS MANAGEMENT PTY LTD $16,357 development are considered MARIA WOODGATE $3,110 in the key objectives of NLC’s strategic plan and ABRUS CONSULTING PTY LTD $34,581 are addressed throughout GREENLEIGH CONSULTING SERVICES PTY LIMITED $3,194 consultations and negotiations of land use proposals. In TALLAGANDRA RURAL CONSULTING PTY LTD $2,344 particular the economic, DOYLE CONTRACTING PTY LTS $6,120 environmental, cultural and NIC GAMBOLD $19,262 political impacts are considered during all decision making LEIGH TWINE $280 processes at both Traditional SAVVY COMMUNITY DEVT CONSULT $15,145 Owner and Full Council levels. This includes the precautionary GANAMARR CONSULTANTS PTY LTD $39,400 principle, and monitoring and ABS SCROFA (AUSTRALIA) PTY LTD $18,000 compliance of environmental Savanna Solutions Pty Ltd $29,585 impacts of exploration and mining on the natural and GRAHAM KENYON T/AS PUDAKUL ABORIGINAL $82 cultural resources. CULTURAL TOURS Colliers International (NT) Pty Ltd $6,000 The Northern Land Council leases the buildings it PALADIN FIREARM SOLUTIONS PTY LTD $9,600 occupies. Therefore, there $256,032 are limitations in terms of influencing environmental management saving initiatives such as grey water recycling systems, solar systems.

Northern Land Council Annual Report 2013-2014 139 The Northern Land Council: Our Land, Our Sea, Our Life

However, practices to reduce The Authority is based on the No officer employed by NLC waste management issues identification and analysis has the right to destroy records and conserve energy through of NLC’s business by taking unless it is in accordance efficiencies of lighting, into account the legal and with the Archive Act, which electrical compliances and organisational records, means an Authority to Destroy refrigeration are always management requirements processed through the considered and where and the interests of Information Management Unit appropriate have been stakeholders and NAA. and approved by the Chief implemented. Executive Officer or delegate. The Authority also sets out In particular community those records that need to be Annual assessments of based land management retained at NAA and specifies information management are rangers are at the forefront of the minimum length of time required and reported to the reducing the carbon footprint that temporary records need to NAA and this year we achieved through on-ground savannah be kept. Under the Archives Act a compliance rating of 70.3%, fire management systems (Cth) 1983 the Authority permits a slight reduction from the including the sustainable use the destruction of temporary previous year as can be seen of wildlife resources, evasive records after the retention in the table on page 141. species management and period has expired. The main focus for the year maintaining and conserving has been to commence data biodiversity. These activities are Policy Statement: conversion of various old media demonstrated in the land and Preserving the Past – formats ie VHS, films, audio, sea management section of Protecting the Present – photos, slides and negatives this report. Planning for the Future into a digital environment for long term preservation. Formalising reporting against All information, both electronic ecological sustainable and physical records, provide development principles will be evidence of NLC’s business further considered during the functions, activities and development of the new NLC transactions. True and Strategic Plan. accurate records are vital to the achievement of current and Information future objectives, legal process and the corporate and cultural Management history of the organisation. In consultation with the NLC, NLC information management the National Archives of practices must comply with all Australia (NAA) developed a relevant legislation, standards, Records Authority 2010/00643150 Australian government which sets out the requirements policies and guidelines and for keeping or destroying the Commonwealth Protection records. This represented a Security Manual. significant commitment on NLC’s behalf to understand, create and manage the records of its activities.

140 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Table 11: Aggregated Performance Indices

Performance indices (scale of 0-100)

NLC 2013 NLC 2012 NLC 2011 Medium All agencies agencies

Overall 70.3 71.8 70.4 64.2 66.9 performance index Strategy index 74.5 74.5 72.7 64.1 67.2 Practice index 66.0 69.0 68.0 64.2 66.7 Digital records 57.1 57.1 51.4 57.7 61.3 management index

Information » Implementation of disk Fleet and Property Communication to disk backup solution Management to improve backup and and Technology disaster recovery. The NLC maintains a fleet The Information » Replacement of desktop and of more than 100 vehicles Communication and laptop computers to improve including a range of four Technology section has done a performance and meet wheel drives, sedans, trailers tremendous job to deliver the the demand of business and buses. applications. same standard of services in The ranger program requires spite of additional workloads » Installlation of an specialised vehicles like quads and a limited budget. Opmanager network and boats; the entire fleet The major IT system upgrade monitoring tool to provide is maintained to roadworthy in the 2013-2014 year was the real time reporting standards. The fleet is funded upgrade of the NLC domain of network system from different sources controller operating system to performance. including ABA, native title or grant funding. Windows 2012, email system During the reporting year, the to Exchange 2013, desktop Information Communication All 4wd fleet vehicles are operating system to Windows 7 and Technology section also suitably fitted out to travel and Office 2010 application. continued to develop the NLC’s to local and remote Work also continued Permits management system communities and to endure throughout the reporting to provide better outputs on the harsh environment. reporting to effectively manage period to improve the NLC’s NLC maintains a number of permit applications. Information Technology remote offices and properties system. This included: including ranger outposts. » Purchase of a new storage Offices occupied by the NLC in device to meet increasing Darwin, Palmerston, Katherine, data demand. Jabiru, Nhulunbuy, Tennant » Purchase of a new server Creek are rental properties. to replace the domain controller in NLC Darwin and regional offices.

Northern Land Council Annual Report 2013-2014 141 The Northern Land Council: Our Land, Our Sea, Our Life

Committees Table 12: Audit advisory committee attendance Name Attended No. of Delegations Meetings Held There were no delegations made in accordance with Galaminda 1 1 1 s28 ALRA. Suzanne Archbold 2 3 3 Committee Helen Lee 3 2 2 John Christophersen 3 2 2 There were no committees appointed in accordance with 1. Executive Member until November 2013 s29A ALRA. 2. Independent member (Deloitte) & Interim Chair 3. Executive Member from November 2013 Audit Advisory Committee Work Health and Enterprise Agreement Safety Committee Committee The Northern Land Council has an established Audit This committee was A new committee consisting Committee in accordance with re-established during the of staff and management section 32 of the CAC Act. year after not meeting the will be formed to commence required Comcare standards The Audit Committee plays a negotiating following the previously. The newly formed expiration of the 2011-2013 key role in assisting the Council committee now has eight Enterprise Agreement. On in its governance framework members including both the and risk management WHS co-ordinator and WHS behalf of its members, the practices. The functions of the officer who were seconded to Community and Public Sector audit committee include: the committee when they were Union will also contribute to recruited into the NLC. The this process. a) Assist the Council and its committee is now active and directors to comply with meets regularly. Land Claim Committee obligations under the CAC Act The role and responsibilities of The Land Claim Committee the committee are articulated b) Provide a forum for comprises lawyers, in the Work Health Safety Act anthropologists and regional communication between the 2011 and the present committee Council, leadership group is now effectively operating office staff who meet as and external Auditors under the legislative guidelines required and co-ordinate the preparation of land claims. The objective of the Audit contained in the Act. The committee has been active in Committee is to provide assisting with the introduction Native Title Committee independent assurance of new policies and procedures and advice to Council and previously lacking in the This Committee monitors leadership group on the workplace but required under the NLC’s performance of its Councils financial data, control the statutory obligations. The native title functions, including processes, risk/compliance committee is now in a position expenditure against budget framework and accounting to provide timely advice to the estimates and progress responsibilities. CEO on WHS matters and is towards operational milestones. working to improve the safety Members include NLC lawyers, standards for all workers anthropologists, finance and to ensure a safe workplace, mining staff as required. compliant under the legislation.

142 Northern Land Council Annual Report 2013-2014 The Northern Land Council: Our Land, Our Sea, Our Life

Committee Appointments

COMMITTEE/ REPRESENTATIVE COMMITTEE/ REPRESENTATIVE GROUP GROUP

Internal Governance External Governance

Audit Advisory Suzanne Archbold, Aboriginals Benefit Committee (Deloitte), Interim Chair Account Tenure ended Nov 2013 Bunug Galaminda July 2013-Nov 2013 Wali Wunungmurra (Executive Member) Lisa Mumbin Leonard Norman Nominated Nov 2013 John Christophersen George King (Executive Member) Andy Ganarradj Nominated Nov 2013 Helen Lee Peter Lansen (Executive Member) Donna Sullivan Nov 2013-June 2014 Grace Daniels Lisa Mumbin WH&S Committee Steven Lawrence (Chair) Wayne Wauchope James Sing Replaced March 2014 Greg McDonald Djawa Yunupingu Joined March 2014 Ruiha Maskovich Replaced May 2014 David Harvey Kirsty Kassman Jeffrey Yoelu Replaced by Keith Rory Brooke Watson Resigned May 2014 Shadrack Retchford Joined May 2014 Cindy Hoban Replaced by Elaine Watts Joined May 2014 Ian Amy Aboriginal Investment Hidayat Nurslanis Group July 2013-Nov 2013 Wali Wunungmurra Samuel Bush-Blanasi Enterprise Agreement Steven Lawrence Leonard Norman Committee July 2013 Cindy Hoban Galaminda Management Tamara Cole George King Garrett Smith Bill Risk Kirsty Howey Peter Lansen Helen Lee CPSU and Staff Rebecca Sirilas Dhuwarrwarr Marika Joy Cardona Adam Thompson Nov 2013-June 2014 Samuel Bush-Blanasi Leonard Norman John Christophersen Raymond Hector Bill Risk Virginia Nundhirribala Helen Lee David Djalangi John Daly Imparja Board Bill Risk

Northern Land Council Annual Report 2013-2014 143 The Northern Land Council: Our Land, Our Sea, Our Life

NLC Financial Report

144 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

Northern Land Council Annual Report 2013-2014 145 The Northern Land Council Annual Financial Statement

146 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

Northern Land Council 2013/2014 Annual Financial Statement

Commonwealth Authorities and Companies (CAC) Act

Table of Contents Page Statement by the Directors, Chief Executive and General Manager Corporate Compliance 148 Statement of Comprehensive Income 149 Statement of Financial Position 150 Statement of Changes in Equity 151 Cash Flow Statement 152 Schedule of Commitments 153 Schedule of Contingencies 154 Note 1: Summary of Significant Accounting Policies 155 Note 2: Events after the Reporting Period 163 Note 3: Expenses 164 Note 4: Own Source Income 166 Note 5: Income tax expense (Competitive neutrality) 167 Note 6: Fair Value Measurments 168 Note 7: Financial Assets 170 Note 8: Non-Financial Assets 172 Note 9: Payables 175 Note 10: Provisions 176 Note 11: Cash flow reconciliation 177 Note 12: Contingent Assets and Liabilities 178 Note 13: Directors Remuneration 179 Note 14: Related Party Disclosures 180 Note 15: Senior Executive Remuneration 181 Note 16: Remuneration of Auditors 184 Note 17: Financial Instruments 185 Note 18: Royalty Assets Held in Trust Account 188 Note 19: Aboriginals Benefit Account Appropriations 190

Northern Land Council Annual Report 2013-2014 147 The Northern Land Council Annual Financial Statement

STATEMENT BY THE DIRECTORS, CHIEF EXECUTIVE AND GENERAL MANAGER, CORPORATE COMPLIANCE In our opinion, the attached financial statements for the year ended 30 June 2014 are based on properly maintained financial records and give a true and fair view of the matters required by the Finance Ministers Orders made under the Commonwealth Authorities and Companies Act 1997 as amended. In our opinion, at the date of this statement, there are reasonable grounds to believe that the Northern Land Council will be able to pay its debts as and when they become due and payable. This statement is made in accordance with a resolution of the directors.

Signed:...... Signed:...... Samuel Bush-Blanasi John Daly Chairperson Deputy Chairperson

Signed:...... Signed:...... Joe Morrison Steven Lawrence Chief Executive Officer Acting General Manager Corporate Compliance

10 January 2015

148 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

STATEMENT OF COMPREHENSIVE INCOME for the year ended 30 June 2014

2014 2013 NET COST OF SERVICES Notes $’000 $’000 EXPENSES Employee benefits 3A 20,851 20,252 Suppliers 3B 17,408 19,561 Depreciation and amortisation 3C 680 1,357 Write-down and impairment of assets 3D 434 741 Loss on disposal of assets 3E - 273 Other expenses 3F 4,287 6,596 Total Expenses 43,660 48,780

OWN-SOURCE INCOME Own-source revenue Sale of goods and rendering of services 4A 4,393 4,119 Interest 4B 163 631 Total own-source revenue 4,556 4,750

Gains Gain from sale of assets 4C 310 10 Reversals of previous asset write-downs and impairments 4D 410 234 Total gains 720 244 Total own-source income 5,276 4,994

Net cost of services 38,384 43,786

Revenue from Government- DPMC 4E 4,999 5,008 Revenue from ABA S64 (1) 4F 17,569 18,597 Revenue from Government-Special Purpose Grant 4G 9,025 6,820 Total revenue from Government 31,593 30,425

(Deficit) attributable to the Australian Government (6,791) (13,361)

OTHER COMPREHENSIVE INCOME Change in asset revaluation surplus 1,929 (221) Total other comprehensive income 1,929 (221)

Total comprehensive (loss) attributable to the Australian Government (4,862) (13,582)

The above statement should be read in conjunction with the accompanying notes.

Northern Land Council Annual Report 2013-2014 149 The Northern Land Council Annual Financial Statement

Statement of Financial Position as at 30 June 2014

2014 2013 Notes $’000 $’000 ASSETS Financial Assets Cash and cash equivalents 7A 2,545 4,577 Trade and other receivables 7B 1,546 6,642 Total financial assets 4,091 11,219

Non-Financial Assets Land and buildings 8A 3,417 3,209 Property, plant and equipment 8B 3,694 1,062 Other non-financial assets 8C 92 139 Total non-financial assets 7,203 4,410 Total Assets 11,294 15,629

LIABILITIES Payables Suppliers 9A 2,997 2,829 Other payables 9B 1,160 1,397 Total payables 4,157 4,226

Provisions Employee provisions 10 3,862 3,266 Total provisions 3,862 3,266 Total Liabilities 8,019 7,492

Net Assets 3,275 8,137

EQUITY Asset Revaluation Reserves 1,973 44 Retained surplus 1,302 8,093 Total Equity 3,275 8,137

The above statement should be read in conjunction with the accompanying notes.

150 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

STATEMENT OF CHANGES IN EQUITY for the year 30 June 2014

Asset Revaluation Retained Earnings Reserve Total Equity 2014 2013 2014 2013 2014 2013 $’000 $’000 $’000 $’000 $’000 $’000

Opening balance Balance carried forward from previous period 8,093 21,454 44 265 8,137 21,719 Adjusted opening balance 8,093 21,454 44 265 8,137 21,719

Comprehensive Income - - 1,929 (221) 1,929 (221) Other comprehensive Income (6,791) (13,361) - - (6,791) (13,361) Surplus (Deficit) for the period (6,791) (13,361) 1,929 (221) (4,862) (13,582) Total Comprehensive Income

Closing balance as at 30 June attributable to the Australian Government 1,302 8,093 1,973 44 3,275 8,137

The above statement should be read in conjunction with the accompanying notes.

Northern Land Council Annual Report 2013-2014 151 The Northern Land Council Annual Financial Statement

CASH FLOW STATEMENT for the year ended 30 June 2014

2014 2013 Notes $’000 $’000 OPERATING ACTIVITIES Cash received Sales of goods and rendering of services 5,397 3,812 Receipts from Government 36,883 29,365 Interest 163 631 Total cash received 42,443 33,808

Cash used Employees (20,384) (19,715) Suppliers (19,031) (20,245) Distribution of old S64(1) Funding (4,287) (7,096) Net GST paid 508 (936) Total cash used (43,194) (47,992) Net cash from/(used by) operating activities 11 (751) (14,184)

INVESTING ACTIVITIES Cash received Proceeds from sales of property, plant and equipment 4C 377 44 Total cash received 377 44

Cash used Purchase of property, plant and equipment 8C (1,658) (710) Total cash used (1,658) (710) Net cash from/(used by) investing activities (1,281) (666) Net increase/(decrease) in cash held (2,032) (14,850) Cash and cash equivalents at the beginning of the reporting period 4,577 19,427 Cash and cash equivalents at the end of the reporting period 11 2,545 4,577

The above statement should be read in conjunction with the accompanying notes.

152 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

SCHEDULE OF COMMITMENTS for the year ended 30 June 2014

2014 2013 BY TYPE $’000 $’000 Commitments Receivable Net GST recoverable on commitments (476) (584) Total Commitments Receivable (476) (584)

Other commitments Operating leases 1 4,904 5,694 Operational Commitments 337 726 Total other commitments 5,241 6,420 Net commitments by type 4,765 5,836

BY MATURITY Commitments receivable Operating lease income One year or less (202) (210) From one to five years (242) (350) Over five years (33) (24) Total operating lease income (477) (584)

Commitments payable Operating Lease Commitments One year or less 1,879 1,588 From one to five years 2,664 3,855 Over five years 361 251 Total Operating Lease Commitments 4,904 5,694

Operational Commitments One year or less 337 726 Total Operational Commitments 337 726

Total Commitments payable 5,241 6,420

Net Commitments by Maturity 4,765 5,836

Note: Commitments are GST inclusive where relevant. The nature of operating leases relates to the leases for office accommodation and office equipment. 1. Lease payments are subject to annual increases in accordance with upwards movements in the Consumer Price Index. The initial periods of office accommodation leases are still current and each may be renewed for up to ten years at the Northern Land Council’s option, following a once-off adjustment of rentals to current market levels. Operational Commitments are various goods & services ordered and not yet received. The above schedule should be read in conjunction with the accompanying notes.

Northern Land Council Annual Report 2013-2014 153 The Northern Land Council Annual Financial Statement

SCHEDULE OF CONTINGENCIES as at 30 June 2014

2014 2013 $’000 $’000 Contingent liabilities Claim for damages or costs 160 208 Total contingent liabilities 160 208

Details of each class of contingent liabilities and contingent assets listed above are disclosed in Note 12, along with information on significant remote contingencies and contingencies that cannot be quantified. The above schedule should be read in conjunction with the accompanying notes.

154 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

Note 1: Summary of Significant Accounting Policies

1.1 Objective of Northern Land Council The Northern Land Council is a statutory authority formed within the provision of Section 21 of the Aboriginal Land Rights (Northern Territory) Act 1976 (ALRA). The Northern Land Council receives appropriations from the Aboriginal Benefit Account (ABA) pursuant to ministerially approved estimates prepared in accordance with Section 34 of the Act and made available under Section 64 of the Act. The Northern Land Council in its present form with its present programs is dependent on Government policy and on continuing appropriations. It is a not for profit entity. The Council is structured to meet the following outcomes: Outcome 1: Access to Aboriginal Land is managed effectively and efficiently. Outcome 2: Traditional owners are assisted to manage their land, sea and natural resources in a sustainable manner. Outcome 3: To assist Aboriginal people to obtain or acquire property rights over their traditional land and seas. Outcome 4: To secure economic, social and cultural benefits for traditional owners from developments taking place on Aboriginal land. Outcome 5: Develop employment and training plans in partnership with industry and government stakeholders, and facilitate the implementation of theses plans. Outcome 6: Efficiently process exploration and mining license applications and provide accurate advice on potential environmental impacts and benefits. Outcome 7: Empower Aboriginal people to carry out commercial activities and build sustainable enterprises. Outcome 8: Advocate on behalf of Aboriginal people and express their views. Outcome 9: Raise public awareness of the NLC’s work and the views of Aboriginal people. Outcome 10: Supporting Aboriginal people to maintain and protect their sacred sites and cultural heritage. Outcome 11: Help Aboriginal people achieve their development potential by facilitating access to leadership and governance programs, resources, infrastructure and government services. Outcome 12: Receive and distribute statutory and other payments for Aboriginal people. Outcome 13: Assist Land Trusts’ to act appropriately and in accordance with the ALRA. Outcome 14: Support traditional owners to manage and resolve disputes. The funding conditions of the Northern Land Council are laid down by the ALRA, and any special purpose grant guidelines. Accounting for monies received from the ABA is subject to conditions approved by the Minister for Indigenous Affairs.

Northern Land Council Annual Report 2013-2014 155 The Northern Land Council Annual Financial Statement

1.2 Basis of Preparation of the Financial Statements The financial statements are general purpose financial statements and are required by clause 1(b) of Schedule 1 to the Commonwealth Authorities and Companies Act 1997. The financial statements have been prepared in accordance with: »» Finance Ministers Orders (FMO’s) for reporting periods ending on or after 1 July 2011; and » Australian Accounting Standards and Interpretations issued by the Australian Accounting Standards Board (AASB) that apply for the reporting period. The financial statements have been prepared on an accrual basis and are in accordance with historical cost convention, except for certain assets and liabilities at fair value. Except where stated, no allowance is made for the effect of changing prices on the financial position. The financial statements are presented in Australian dollars and all values are rounded to the nearest thousand dollars unless otherwise specified. Unless an alternative treatment is specifically required by an Accounting Standard or the FMO’s, assets and liabilities are recognised in the statement of financial position when and only when it is probable that future economic benefits will flow to the organisation or a future sacrifice of economic benefits will be required and the amounts of the assets or liabilities can be reliably measured. However, assets and liabilities arising under executory contracts are not recognised unless required by an accounting standard. Liabilities and assets that are unrecognised are reported in the schedule of commitments or the schedule of contingencies. Unless alternative treatment is specifically required by an accounting standard, income and expenses are recognised in the statement of comprehensive income when, and only when, the flow, consumption or loss of economic benefits has occurred and can be reliably measured. The financial statements have been prepared on a going concern basis, which assumes the Northern Land Council will be able to meet its liabilities and obligations as and when they fall due in the normal course of business. 1.3 Significant Accounting Judgements and Estimates No accounting assumptions or estimates have been identified that have a significant risk of causing a material adjustment to the carrying amounts of assets and liabilities within the next accounting period. 1.4 New Australian Accounting Standards Adoption of New Australian Accounting Standard Requirements No accounting standard has been adopted earlier than the application date as stated in the standard. New standards/revised standards/interpretations/amending statements that were issued prior to the sign-off date and are applicable to the current reporting period did not have a financial impact, and are not expected to have a future financial impact on the Northern Land Council.

Future Australian Accounting Standard Requirements

New standards that were issued prior to the sign-off date and are applicable to future reporting periods are not expected to have a material future financial impact on the Northern Land Council.

156 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

1.5 Revenue Revenue from the sale of goods is recognised when: a) the risks and rewards of ownership have been transferred to the buyer; b) the Northern Land Council retains no managerial involvement or effective control over the goods; c) the revenue and transaction costs incurred can be reliably measured; and d) it is probable that the economic benefits associated with the transaction will flow to the entity. Revenue from rendering of services is recognised by reference to the stage of completion of contracts at the reporting date. The revenue is recognised when: a) the amount of revenue, stage of completion and transaction costs incurred can be reliably measured; and b) the probable economic benefits with the transaction will flow to the entity. The stage of completion of contracts at the reporting date is determined by reference to the proportion that costs incurred to date bear to the estimated total costs of the transaction. Receivables for goods and services, which have 30 day terms, are recognised at the nominal amounts due less any impairment allowance account. Collectability of debts is reviewed as at the end of the reporting period. Allowances are made when collectability of the debt is no longer probable. Interest revenue is recognised using the effective interest method as set out in AASB 139 Financial Instruments: recognition and Measurement.

Revenues from Government

Funding received or receivable from agencies are recognised as Revenue from Government when the entity gains control of the appropriation, except for certain amounts that are reciprocal in nature, in which case revenue is recognised only when it is earned. Appropriations receivable are recognised at their nominal amounts. 1.6 Gains Resources Received Free of Charge

Resources received free of charge are recognised as gains when, and only when, a fair value can be reliably determined and the services would have been purchased if they had not been donated. Use of those resources is recognised as an expense. Resources received free of charge are recorded as either revenue or gains depending on their nature. Contributions of assets at no cost of acquisition or for nominal consideration are recognised as gains at their fair value when the asset qualifies for recognition, unless received from another Government agency or authority as a consequence of a restructuring of administrative arrangements.

Sale of Assets

Gains from disposal of assets are recognised when control of the asset has passed to the buyer.

Northern Land Council Annual Report 2013-2014 157 The Northern Land Council Annual Financial Statement

1.7 Employee Benefits Liabilities for ‘short-term employee benefits’ (as defined in AASB 119 Employee Benefits) and termination benefits due within twelve months of the end of reporting period are measured at their nominal amounts. The nominal amount is calculated with regard to the rates expected to be paid on settlement of the liability.

Leave

The liability for employee benefits includes provision for annual leave and long service leave. No provision has been made for sick leave as all sick leave is non-vesting and the average sick leave taken in future years by employees of the Northern Land Council is estimated to be less than the annual entitlement for sick leave. The leave liabilities are calculated on the basis of employees’ remuneration at the estimated salary rates that applied at the time the leave is taken, including the Northern Land Council’s employer superannuation contribution rates to the extent that the leave is likely to be taken during service rather than paid out on termination. The estimate of the present value of the long service leave liability takes into attrition rates and pay increases through promotion and inflation.

Separation and Redundancy

Provision is made for separation and redundancy benefit payments. The Northern Land Council recognises a provision for termination when it has developed a detailed formal plan for the terminations and has informed those employees affected that it will carry out the terminations.

Superannuation

The majority of Northern Land Council’s staff are members of the MLC Superannuation Scheme and MLC Limited plan for casual employees. The Northern Land Council complies with the requirements of the superannuation choice legislation. All superannuation contributions are to defined contribution plans. The liability for superannuation recognised as at 30 June represents outstanding contributions. 1.8 Leases A distinction is made between finance leases and operating leases. Finance leases effectively transfer from the lessor to the lessee substantially all the risks and rewards incidental to ownership of leased assets. An operating lease is a lease that is not a finance lease. In operating leases, the lessor effectively retains substantially all such risks and benefits. Operating lease payments are expensed on a straight line basis which is representative of the pattern of benefits derived from the leased assets. 1.9 Fair Value Measurement The Land Council deems any transfers between levels of the fair value hierarchy to have occurred at the end of the reporting period.

158 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

1.10 Cash Cash is recognised at its nominal amount. Cash and cash equivalents include: a) cash on hand b) demand deposits in bank accounts with an original maturity of 3 months or less that are readily convertible to known amounts of cash and subject to insignificant risk of changes in value. 1.11 Financial Assets The Northern Land Council classifies its financial assets in the following categories: a) ‘loans and receivables’. The classification depends on the nature and purpose of the financial assets and is determined at the time of initial recognition. Financial assets are recognised and derecognised upon trade date.

Loans and Receivables

Trade receivables, loans and other receivables that have fixed or determinable payments that are not quoted in an active market are classified as ‘loans and receivables’. Loans and receivables are measured at amortised cost using the effective interest method less impairment. Interest is recognised by applying the effective interest rate.

Effective Interest Method

The effective interest method is a method of calculating the amortised cost of a financial asset and of allocating interest income over the relevant period. The effective interest rate is the rate that exactly discounts estimated future cash receipts through the expected life of the financial asset, or, where appropriate, a shorter period. Income is recognised on an effective interest rate basis except for financial assets that are recognised at fair value through profit or loss.

Impairment of Financial Assets

Financial assets are assessed for impairment at each reporting period. Financial assets held at amortised cost - if there is objective evidence that an impairment loss has been incurred for loans and receivables or held to maturity investments held at amortised cost, the amount of the loss is measured as the difference between the asset’s carrying amount and the present value of estimated future cash flows discounted at the asset’s original effective interest rate. The carrying amount is reduced by way of an allowance account. The loss is recognised in the statement of comprehensive income. Available for sale financial assets - if there is objective evidence that an impairment loss on an available for sale financial asset has been incurred, the amount of the difference between its cost, less principal repayments and amortisation, and its current fair value, less any impairment loss previously recognised in expenses, is transferred from equity to the statement of comprehensive income. Financial assets held at cost - if there is objective evidence that an impairment loss has been incurred the amount of the impairment loss is the difference between the carrying amount of the asset and the present value of the estimated future cash flows discounted at the current market rate for similar assets.

Northern Land Council Annual Report 2013-2014 159 The Northern Land Council Annual Financial Statement

1.12 Financial Liabilities Financial liabilities are classified as other financial liabilities. Financial liabilities are recognised and derecognised upon trade date.

Other Financial Liabilities

Other financial liabilities, including borrowings, are initially measured at fair value, net of transaction costs. Other financial liabilities are subsequently measured at amortised cost using the effective interest method, with interest expense recognised on an effective yield basis. The effective interest method is a method of calculating the amortised cost of a financial liability and of allocating interest expense over the relevant period. The effective interest rate is the rate that exactly discounts estimated future cash payments through the expected life of the financial liability, or, where appropriate, a shorter period. Supplier and other payables are recognised at amortised cost. Liabilities are recognised to the extent that the goods or services have been received (and irrespective of having been invoiced). 1.13 Contingent Liabilities and Contingent Assets Contingent liabilities and contingent assets are not recognised in the statement of financial position but are reported in the relevant schedules and notes. They may arise from uncertainty as to the existence of a liability or asset or represent an asset or liability in respect of which the amount cannot be reliably measured. Contingent assets are disclosed when settlement is probable but not virtually certain and contingent liabilities are disclosed when settlement is greater than remote. 1.14 Acquisition of Assets Assets are recorded at cost on acquisition except as stated below. The cost of acquisition includes the fair value of assets transferred in exchange and liabilities undertaken. Financial assets are initially measured at their fair value plus transaction costs where appropriate. Assets acquired at no cost, or for nominal consideration, are initially recognised as assets and income at their fair value at the date of acquisition, unless acquired as a consequence of restructuring of administrative arrangements. In the latter case, assets are initially recognised as contributions by owners at the amounts at which they were recognised in the transfer of Northern Land Council’s accounts immediately prior to the restructuring.

160 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

1.15 Property, Plant and Equipment Asset Recognition Threshold

Purchases of property, plant and equipment are recognised initially at cost in the statement of financial position, except for purchases below the capitalisation threshold, which are expensed in the year of acquisition (other than where they form part of a group of similar items which are significant in total). The capitalisation thresholds values are:

Land $20,000 Buildings $20,000 Leasehold Improvements $5,000 Furniture and Equipment $5,000 Information Technology (Hardware) $5,000 Information Technology (Software) $5,000 Motor Vehicles $10,000

Revaluations

Fair values for each class of asset are determined as shown below: Asset Class Fair value measurement Land Market selling price Buildings excluding Leasehold Improvements Market selling price Leasehold Improvements Depreciated replacement cost Other Property Plant and Equipment Market selling price

Following initial recognition at cost, property plant and equipment are carried at fair value less subsequent accumulated depreciation and accumulated impairment losses. Valuations are conducted with sufficient frequency to ensure that the carrying amounts of assets do not differ materially from the assets’ fair values as at the reporting date. The regularity of independent valuations depends upon the volatility of movements in market values for the relevant assets. Revaluation adjustments are made on a class basis. Any revaluation increment is credited to equity under the heading of asset revaluation reserve except to the extent that it reverses a previous revaluation decrement of the same asset class that was previously recognised in the surplus/deficit. Revaluation decrements for a class of assets are recognised directly in the surplus/deficit except to the extent that they reverse a previous revaluation increment for that class. Any accumulated depreciation as at the revaluation date is eliminated against the gross carrying amount of the asset and the asset restated to the revalued amount.

Depreciation

Depreciable property, plant and equipment assets are written-off to their estimated residual values over their estimated useful lives to the Northern Land Council using, in all cases, the straight-line method of depreciation.

Northern Land Council Annual Report 2013-2014 161 The Northern Land Council Annual Financial Statement

Depreciation rates (useful lives), residual values and methods are reviewed at each reporting date and necessary adjustments are recognised in the current, or current and future reporting periods, as appropriate. Depreciation rates applying to each class of depreciable asset are based on the following useful lives:

2014 2013 Buildings on Freehold Land 10 - 40 years 10 - 40 years Leasehold Improvements Lease term Lease term Office Furniture & Equipment 3 to 5 years 3 to 5 years Motor Vehicles 3 years 3 years Plant & Equipment 3 years 3 years

Impairment

All assets were assessed for impairment at 30 June 2014. Where indications of impairment exist, the assets’ recoverable amount is estimated and an impairment adjustment if the asset’s recoverable amount is less than its carrying amount. The recoverable amount of an asset is the higher of its fair value less costs of disposal and its value in use. Value in use is the present value of the future cash flows expected to be derived from the asset. Where the future economic benefit of an asset is not primarily dependent on the asset’s ability to generate future cash flows, and the asset would be replaced if the Northern Land Council were deprived of the asset, its value in use is taken to be its depreciated replacement cost.

Derecognition

An item of property, plant and equipment is derecognised upon disposal or when no further future economic benefits are expected from its use or disposal. 1.16 Intangibles The Northern Land Council’s intangibles comprise commercial and internally developed software for internal use. These assets are carried at cost less accumulated amortisation and accumulated impairment losses. Software is amortised on a straight-line basis over its anticipated useful life. The useful life of the Council’s software is 3 years. All software assets were assessed for indications of impairment as at 30 June 2014. 1.17 Taxation / Competitive Neutrality The Northern Land Council is exempt from all forms of taxation except fringe benefits tax (FBT) and the goods and services tax (GST). Revenues, expenses and assets are recognised net of GST except: a) where the amount of GST incurred is not recoverable from the Australian Taxation Office; and b) for receivables and payables.

162 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

Competitive Neutrality

The Northern Land Council does not provide services on a profit basis. Therefore the Land Council is not required to make Australian Income Tax Equivalent payments to the Government. 1.18 Going Concern The Northern Land Council recorded a deficit of $6,791,000 on continuing operations as at 30 June 2014, (2013: deficit $13,361,000). The Land Council had a working capital deficiency of $2,946,000; (2013: positive $4,498,000), being an excess of current liabilities over current assets. The Land Council also incurred negative cash flows from operations of $751,000; (2013: negative $14,184,000) Notwithstanding the above, Management are confident that the Land Council will be able to continue as a going concern having regard to the following: »» During the year the Land Council carried operational costs of the Ranger Program of $1,343,000. Discussions are being held with Department of Prime Minister & Cabinet to fund these costs incurred and continued ongoing future funding. On the 10th December 2014 funding of $2,155,466 was approved by the Minister for Indigenous Affairs for the period 01 July 2013 to 30 June 2015, with $1,325,610 for 2013/2014. »» Current employee provisions of $2,880,000 are expensed in the financial statements in accordance with Australian Accounting Standards, but are technically not funded by funding bodies until the leave is taken or paid out. Discussions have been held with the Department of Prime Minister & Cabinet to fund these liabilities and is addressing how these liabilities are funded into the future. »» Management has reviewed its operations, and adopted strategies to increase efficiencies and associated cost savings in regards to the following areas: »» Fleet Management »» Travel »» Implementation of cost recovery policy »» Muckaty litigation – a submission has been made to the Department of Prime Minister & Cabinet and is currently being assessed by departmental staff.

Note 2: Events after the Reporting Period

There are no subsequent events that had the potential to significantly affect the ongoing structure and Financial Activities of the entity.

Northern Land Council Annual Report 2013-2014 163 The Northern Land Council Annual Financial Statement

Note 3: Expenses

2014 2013 $’000 $’000 Note 3A: Employee Benefits Wages and salaries 17,574 17,250 Superannuation: Defined contribution plans 2,119 1,990 Leave and other entitlements 1,158 1,012 Total employee benefits 20,851 20,252

Note 3B: Suppliers Goods and services supplied or rendered Consultants 2,508 2,515 Stationery 367 373 Travel 4,198 4,429 Vehicle Expenses 2,008 2,081 Office Accommodation 940 868 IT/Communications 1,379 1,260 Payment to Grant Partners 739 1,682 Other 2,980 4,223 Total goods and services supplied or rendered 15,119 17,431 Goods and services in connection with: Provision of goods – external parties 5,328 6,754 Rendering of services – external parties 9,791 10,677 Total goods and services supplied or rendered 15,119 17,431 Other suppliers Operating lease rentals in connection with Related parties Minimum lease payments - - External parties Minimum lease payments 1,851 1,784 Workers compensation expenses 438 346 Total other suppliers 2,289 2,130 Total suppliers 17,408 19,561

164 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

Note 3: Expenses (cont’d)

2014 2013 $’000 $’000 Note 3C: Depreciation and amortisation Depreciation: Property, plant and equipment 477 864 Buildings and leasehold 203 222 Total depreciation 680 1,086

Amortisation: Intangibles: Computer Software - 271 Total amortisation - 271 Total depreciation and amortisation 680 1,357

Note 3D: Write-Down and Impairment of Assets Impairment on Financial Instruments 434 708 Impairment of Property, plant and equipment - 33 Total write-down and impairment of assets 434 741

Note 3E: Loss on disposal of Assets Intangibles Proceeds from sale - - Carrying value of assets disposed - 273 Total loss from assets sales - 273

Note 3F: Other Expenses Distribution of old S64(1) Funding - related entities 4,287 6,596 Total Other Expenses 4 ,287 6,596

Northern Land Council Annual Report 2013-2014 165 The Northern Land Council Annual Financial Statement

Note 4: Own-Source Income

2014 2013 OWN-SOURCE REVENUE $’000 $’000

Note 4A: Sale of Goods and Rendering of Services Rendering of services in connection with Related entities 179 559 External parties 4,214 3,560 Total sale of goods and rendering of services 4,393 4,119

Note 4B: Interest Deposits 163 631 Total interest 163 631

GAINS

Note 4C: Gains from Sale of Assets Infrastructure, plant and equipment Proceeds from sale 377 44 Carrying value of assets sold (67) (34) Total gain from sale of assets 310 10

Note 4D: Reversals of Previous Asset write-downs and Impairments Reversal of Impairment losses 410 234 Total Reversals of previous asset write-downs and impairments 410 234

REVENUE FROM GOVERNMENT

Note 4E: Revenue from Government Native Title Program 4,499 3,666 Revenue from ABA S64 (4) - 870 Others 500 472 4,999 5,008

166 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

Note 4: Own-Source Income (cont’d)

2014 2013 $’000 $’000 Note 4F: ABA S64 (1) DPMC - Revenue from ABA S64 (1) 17,569 18,597 17,569 18,597

Note 4G: Revenue from Government-Special Purpose Grants Department of Prime Minister and Cabinet 5,566 3,405 Indigenous Land Corporation 1,160 1,749 Department of Defence 168 153 Department of Resource NT - 200 Department of Primary Industries & Fisheries 180 - Department of Land Resource Management 1,425 - Others 526 1,313 9,025 6,820

Note 5: Income tax expense (Competitive neutrality)

The Northern Land Council has been approved as a Public Benevolent Institution. The services of the Council are provided on a ‘not-for-profit’ basis. Therefore the Northern Land Council is not subject to the Australian Government’s Competitive Neutrality policy.

Northern Land Council Annual Report 2013-2014 167 The Northern Land Council Annual Financial Statement

Note 6: Fair Value Measurements

The following tables provide an analysis of assets and liabilities that are measured at fair value The different levels of fair value hierarchy are defined below. Level 1: Quoted prices (unadjusted) in active markets for identical assets or liabilities that the entity can access at measurment date Level 2: Inputs other than quoted prices included within level 1 that are observable for the asset or liability, either directly or indirectly Level 3: Unobservable inputs for the asset or liability Note 6A: Fair Value Measurements Fair value measurment at the end of the reporting period by hierarchy for assets and liabilities in 2014

Fair value measurements at the end of the reporting period using Fair value Level 1 Level 2 Level 3 inputs inputs inputs $’000 $’000 $’000 $’000 Non-financial assets Land 200 - 200 - Buildings 2,060 - 2 ,060 - Leasehold improvements 1,157 - 1 ,157 - Property, plant and equipment 3,694 - 3 ,694 - Total non-financial assets 7 ,111 - 7,111 -

Total fair value measurements in the statement of financial position 7 ,111 - 7,111 -

Fair value measurements - highest and best use differs from current use of non-financial assets (NFA’s) The highest and best use of all non-financial assets are the same as their current use.

168 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

Note 6B: Valuation Technique and Inputs for Level 2 and Level 3 Fair Value Measurements Level 2 and 3 fair value measurments - valuation technique and the inputs used for assets and liabilities in 2014

Category Range (Level 2 or Fair value Valuation (weighted Level 3) $’000 technique 1 Inputs Used average) 2 Non-financial assets Observable prices or Market recent market Land Level 2 200 comparables transactions NA Observable prices or Market recent market Buildings Level 2 2,060 comparables transactions NA Observable prices or Leasehold Market recent market improvements Level 2 1,157 comparables transactions NA Observable prices or Property, plant Market recent market and equipment Level 2 3,694 comparables transactions NA

1. No change in valuation technique occurred during the period 2. Significant unobservable inputs only. Not applicable for assets or liabilities in the Level 2 category.

Northern Land Council Annual Report 2013-2014 169 The Northern Land Council Annual Financial Statement

Note 7: Financial Assets

2014 2013 $’000 $’000 Note 7A: Cash and cash equivalents Cash on hand or on deposit 2,545 4,577 Total cash and cash equivalents 2,545 4,577

Note 7B: Trade and other receivables Goods and Services receivables in connection with: External parties 1,641 2,153 Total goods and services receivable 1,641 2,153

Grant receivables Grant receivables 641 2,977 ABA S64(1) Release - 1,552 Total Grant receivables 641 4,529

Total Trade Receivables 2,282 6,682 Other receivables GST receivable from the Australian Taxation Office 407 1,078 Total other receivables 407 1,078 Total trade and other receivables (gross) 2,689 7,760

Less impairment allowance Goods and services (1,143) (1,118) Total impairment allowance (1,143) (1,118) Total trade and other receivables (net) 1,546 6,642

Trade and other receivable are expected to be recovered in: No more than 12 months 1,546 6,642 More than 12 months - - Total trade and other receivables (net) 1,546 6,642 Receivables are aged as follows: Not overdue 980 5,742 Overdue by: 0 to 30 days 234 408 31 to 60 days 9 1 61 to 90 days 168 212 More than 90 days 1,298 1,397 Total trade and other receivables (gross) 2,689 7,760

Impairment allowance aged as follows: Not overdue - - Overdue by: 0 to 30 days - - 31 to 60 days - - 61 to 90 days - - More than 90 days (1,143) (1,118) Total impairment allowance (1,143) (1,118)

170 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

Note 7: Financial Assets (cont’d)

Note 7B: Trade and other receivables (cont’d) Reconciliation of the impairment allowance:

Other Goods and receivables services (GST) Total 2014 2014 2014 Movements in relation to 2014 $’000 $’000 $’000 Opening balance 1,118 - 1,118 Amounts written off - - - Amounts recovered and reversed (410) - (410) Increase/(decrease) recognised in cost of services 434 - 434 Closing balance 1,142 - 1,142

Other Goods and receivables services (GST) Total 2013 2013 2013 Movements in relation to 2013 $’000 $’000 $’000 Opening balance 645 271 916 Amounts written off (1) (271) (272) Amounts recovered and reversed (234) - (234) Increase/(decrease) recognised in cost of services 708 - 708 Closing balance 1,118 - 1,118

Northern Land Council Annual Report 2013-2014 171 The Northern Land Council Annual Financial Statement

Note 8: Non-Financial Assets

2014 2013 $’000 $’000 Note 8A: Land and buildings Land at fair value 200 182 Total Land 200 182

Buildings on leasehold land: – fair value 2,060 1,944 – accumulated depreciation - (22) Total buildings on leasehold land 2,060 1,922

Leasehold improvements – fair value 1,157 2,084 – accumulated depreciation - (979) Total leasehold improvements 1,157 1,105 Total land and buildings 3,417 3,209

Revaluations of non-financial assets All revaluations are conducted in accordance with the revaluation policy stated at Note 1. On 30 June 2014, an independent valuer conducted the revaluations. No indicators of impairment were found for land and buildings and leasehold improvements. No land, buildings or leasehold improvements are expected to be sold or disposed of within the next 12 months. Note 8B: Property, plant and equipment

Property, plant and equipment: - fair value 3,694 1,062 - accumulated depreciation - - Total Property, plant and equipment 3,694 1,062

Revaluations of non-financial assets All revaluations are conducted in accordance with the revaluation policy stated at Note 1. On 30 June 2014, an independent valuer conducted the revaluations. No indicators of impairment were found for property, plant and equipment. No property, plant and equipment is expected to be sold or disposed of within the next 12 months

172 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

Note 8: Non-Financial Assets

Note 8C: Reconciliation of the Opening and Closing Balances of Property, Plant and Equipment Reconciliation of the opening and closing balance of property, plant and equipment for 2014

Leasehold Other Land Buildings Improvements PP & E Total $’000 $’000 $’000 $’000 $’000 As at 1 July 2013 Gross book value 182 1,944 2,084 1,062 5,272 Accumulated depreciation and impairment - (22) (979) - (1,001) Total as at 1 July 2013 182 1,922 1,105 1,062 4,271

Additions by purchase - - 40 1,618 1,658

Revaluation and Impairments recognised in other comprehensive income 18 203 150 1,558 1,929 Depreciation - (65) (138) (477) (680) Disposals - other - - - (67) (67) Total as at 30 June 2014 200 2,060 1,157 3,694 7,111

Total as at 30 June 2014 represented by: Gross book value 200 2,060 1,157 3,694 7,111 Accumulated depreciation - - - - - Total as at 30 June 2014 represented by: 200 2,060 1,157 3,694 7,111

Northern Land Council Annual Report 2013-2014 173 The Northern Land Council Annual Financial Statement

Note 8: Non-Financial Assets

Note 8C: Reconciliation of the Opening and Closing Balances of Property, Plant and Equipment Reconciliation of the opening and closing balance of property, plant and equipment for 2013

Leasehold Other Land Buildings Improvements PP & E Total $’000 $’000 $’000 $’000 $’000 As at 1 July 2012 Gross book value 272 2,079 1,885 7,195 11,431 Accumulated depreciation and impairment - (129) (831) (5,535) (6,495) Total as at 1 July 2012 272 1,950 1,054 1,660 4,936

Additions by purchase - 227 199 284 710

Revaluation and Impairments recognised in other comprehensive income (57) (180) 16 (221) Impairment recognised in net cost of services (33) (33) Depreciation Expenses (74) (148) (864) (1,086) Disposals (34) (34) Total as at 30 June 2013 182 1,923 1,105 1,062 4,272

Total as at 30 June 2013 represented by: Gross book value 182 1,944 2,084 1,063 5,273 Accumulated depreciation - (22) (979) - (1,001) 182 1,922 1,105 1,063 4,272

Note 8D: Other Non-Financial assets

2014 2013 $’000 $’000 Other 5 4 Prepayments 87 135 Total other non-financial assets 92 139

174 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

Note 9: Payables

2014 2013 $’000 $’000 Note 9A: Suppliers Trade creditors and accruals 2,997 2,829 Total suppliers 2,997 2,829

Suppliers expected to be settled No more than 12 months 2,997 2,829 More than 12 months - - Total suppliers 2,997 2,829

Suppliers in connection with External parties 2,997 2,829 Related entities - - Total suppliers 2,997 2,829

Settlement was usually made within 30 days.

Note 9B: Other Payables Salaries and wages 537 599 Superannuation 280 347 Other 343 451 Total other payables 1,160 1,397

Total other payables expected to be settled No more than 12 months 1,160 1,397 Total other payables 1,160 1,397

Northern Land Council Annual Report 2013-2014 175 The Northern Land Council Annual Financial Statement

Note 10: Provisions

2014 2013 $’000 $’000 Note 10: Employee provisions Leave 3,862 3,266 Total employee provisions 3,862 3,266

Employee provisions expected to be settled No more than 12 months 2,880 2,495 More than 12 months 982 771 Total employee provisions 3,862 3,266

176 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

Note 11: Cash flow reconciliation

2014 2013 $’000 $’000 Reconciliation of cash and cash equivalents as per Statement of Financial Position to Cash Flow Statement Cash and cash equivalents as per: Cash Flow Statement 2,545 4,577 Statement of financial position 2,545 4,577 Discrepancy - -

Reconciliation of net cost of services to net cash from/(used by) operating activities: Net cost of services (38,384) (43,786) Revenue from Government 31,594 30,425

Adjustments for non-cash items Depreciation /amortisation 680 1,357 (Gain) / Loss on disposal of assets (310) 263 Impairment of PPE - 33 Movements in assets and liabilities Assets (Increase) / decrease in net receivables 4,424 (2,506) (Increase) / decrease in GST receivables 671 (1,105) (Increase) / decrease in other assets 47 (122) Liabilities Increase / (decrease) in other payables (237) 779 Increase / (decrease) in employee provisions 596 209 Increase / (decrease) in supplier payables 169 269 Net cash from operating activities (751) (14,184)

Northern Land Council Annual Report 2013-2014 177 The Northern Land Council Annual Financial Statement

Note 12: Contingent Assets and Liabilities

Claims for damages or costs 2014 2013 $’000 $’000 Contingent Liabilities

Balance from previous period 208 208 New contingent liabilities recognised 160 - Liability expired (208) - Total contingent liabilities 160 208

Quantifiable Contingencies

The schedule of contingencies contains $160,000 of contingent liabilities disclosed in respect to claims for damages/costs (2013: $208,000). The amount represents an estimate of the Northern Land Council’s liability based on precedent cases. The Council is defending the claims. The nature of decisions of the Northern Land Council mean that at times the decisions are subject to dispute and judical review. Specific information about legal matters is not disclosed where the information would be prejudicial to the Land Council.

178 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

Note 13: Directors Remuneration

Note 13A: Non-executive directors remuneration

2014 2013 No. No. $0 to $29,999 13 7 $60,000 to $89,999 1 1 $90,000 to $119,999 1 1 Total number of non-executive directors 15 9

$ $ Total remuneration received or due and receivable by non-executive directors of the entity 349,544 359,013

Remuneration of executive directors is included in Note 15: Senior-Executive Remuneration.

Northern Land Council Annual Report 2013-2014 179 The Northern Land Council Annual Financial Statement

Note 14: Related Party Disclosures

The Council Executive Members who held office during the year ended 30 June 2014 were:

Samuel Bush-Blanasi Chairperson John Daly Deputy Chairperson Helen Lee Executive Bill Risk Executive John Christopherson Executive Raymond Hector Executive Leonard Norman Executive Virginia Nundhirribala Executive David Djalangi Executive Wali Wunungmurra Chairperson Samuel Bush-Blanasi Deputy Chairperson Dhuwarrwarr Marika Executive Peter Lansen Executive Jeffrey Dixon Executive Bunug Galaminda Executive George King Executive

Full Council elections were held in November 2013. The elections are held every three years to elect a new Full Council and Executive Council. The next call for nominations will be held in November 2016. There were no loans made to directors or other transactions with Directors or Director - Related Entities during the year.

180 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

Note 15: Senior Executive Remuneration

Note 15A: Senior Executive Remuneration Expenses for the Reporting Period

2014 2013 $ $ Short-term employee benefits Salary 731,476 831,324 Total short-term employee benefits 731,476 831,324

Post-employment benefits Superannuation 95,358 106,192 Total post-employment benefits 95,358 106,192

Other long-term employee benefits Annual Leave Accrued 31,525 8,590 Long-service leave 23,078 (3,399) Total other long-term employee benefits 54,603 5,191

Total senior executive remuneration expenses 881,437 942,707

Notes: 1. Note 15A was prepared on an accrual basis. 2. Note 15A excludes acting arrangements and part-year service where remuneration expensed as a senior executive was less than $195,000.

Northern Land Council Annual Report 2013-2014 181 The Northern Land Council Annual Financial Statement

Note 15: Senior Executive Remuneration (cont’d)

Note 15B: Average Annual Reportable Remuneration Paid to Substantive Senior Executives during the Reporting Period

Average annual reportable remuneration paid to substantive senior executives in 2014 Substantive Total Senior Reportable Contributed Reportable reportable 2 3 4 5 Average annual reportable Executives Salary Super Allowances Bonus paid remuneration remuneration 1 No. $ $ $ $ $ Total reportable remuneration (including part-time arrangements): Less than $195,000 3 145,479 16,849 - - 162,328 $195,000 - $224,999 1 177,529 31,862 - - 209,391 Total number of substantive senior executives 4

Average annual reportable remuneration paid to substantive senior executives in 2013 Substantive Total Senior Reportable Contributed Reportable reportable 2 3 4 5 Average annual reportable Executives Salary Super Allowances Bonus paid remuneration remuneration 1 No. $ $ $ $ $ Total reportable remuneration (including part-time arrangements): Less than $195,000 4 125,984 18,489 - - 144,473 $195,000 - $224,999 1 180,893 20,869 - - 201,762 $325,000 - $354,999 1 313,401 35,622 1,102 - 350,125 Total number of substantive senior executives 6

Notes: 1. This table reports on substantive senior executives who received remuneration during the reporting period. Each row is an averaged figure based on headcount for individuals in the band. 2. ‘Reportable salary’ includes the following: a) Gross payments (less any bonus paid, which are separated out and disclosed in th ‘bonus paid’ column): b) Reportable fringe benefits (at the net amount prior to ‘grossing up’ to account for tax benefits); and c) Reportable employer supernnuation contribution; and d) Exempt foreign employment income 3. The ‘contributed superannuation’ amount is the average cost to the entity for the provision of superannuation benefit to substantive senior executives in that reportable remuneration band during the reporting period. 4. ‘Reportable allowances’ are the average actual allowances paid as per the ‘total allowances’ line on individuals’ payment summaries. 5. ‘Bonus paid’ represents average actual bonuses paid during the reporting period in that reportable remuneration band. The ‘bonus paid’ within a particular band may vary between financial years due to various factors such as individuals commencing with or leaving the council during the financial year.

182 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

Note 15: Senior Executive Remuneration (cont’d)

Note 15C: Average Annual Reportable Remuneration Paid to Other Highly Paid Staff during the Reporting Period Average annual reportable remuneration paid to other highly paid staff in 2014

Total Other highly Reportable Contributed Reportable reportable 2 3 4 5 Average annual reportable paid staff Salary Super Allowances Bonus paid remuneration remuneration 1 No. $ $ $ $ $ Total reportable remuneration (including part-time arrangements): $195,000 - $224,999 2 190,119 21,282 - - 211,401 Total number of other highly paid staff 2

There were no other highly paid staff in 2013 Notes: 1. This table reports staff: a) who were employed by the Northern Land Council during the reporting period; b) whose reportable remuneration was $195,000 or more for the reporting period; and c) were not required to be disclosed in Table B or director disclosures. Each row is an averaged figure based on headcount for the individuals in the band 2. ‘Reportable salary’ includes the following: a) Gross payments (less any bonuses paid, which are separated out and disclosed in the ‘bonus paid’ column): b) Reportable fringe benefits (at the net amount prior to ‘grossing up’ for tax purposes); c) Reportable employer superannuation contributions; and d) Exempt foreign employment income. 3. The ‘contributed superannuation’ amount is the average cost to the Northern Land Council for the provision of superannuation benefits to other highly paid staff in that reportable remuneration band during the reporting period. 4. ‘Reportable allowances’ are the average actual allowances paid as per the ‘total allowances’ line on individuals’ payment summaries. 5. ‘Bonus paid’ represents average actual bonuses paid during the reporting period in that reportable remuneration band. The ‘bonus paid’ within a particular band may vary between financial years due to various factors such as individuals commencing with or leaving the council during the financial year.

Northern Land Council Annual Report 2013-2014 183 The Northern Land Council Annual Financial Statement

Note 16: Remuneration of Auditors

2014 2013 $’000 $’000 Remuneration to auditors for the reporting period are as follows: Australian National Audit Office (ANAO) - Statutory audit 63 62 Merit Partners - Grant Audits 12 23 75 85

The audit fees above report the costs associated with auditing each financial year. No other services were provided by the Australian National Audit Office.

184 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

Note 17: Financial Instruments

2014 2013 $’000 $’000 17A Categories of financial instruments Financial Assets Loans and receivables Cash and Cash Equivalents 2,545 4,577 Trade and Other Receivables 1,139 5,564 Total Loan and Receivables 3,684 10,141 Total financial assets 3,684 10,141

Financial Liabilities Financial liabilities measured at amortised cost Suppliers 2,997 2,829 Other payables 1,160 1,397 Total financial liabilities at amortised cost 4,157 4,226 Total financial liabilities 4,157 4,226

17B Net gain or losses on financial assets Loans and receivables Interest revenue 163 631 Net gain/(losses) on loans and receivables 163 631

16C Fair value of financial instruments The carrying amount of the financial assets and liabilities is a reasonable approximation of fair value due to their short term nature.

Northern Land Council Annual Report 2013-2014 185 The Northern Land Council Annual Financial Statement

Note 17: Financial Instruments (cont’d)

17D Credit risk The Council is exposed to minimal credit risk as loans and receivables are cash and trade receivables. The maximum exposure to credit risk was the risk that arises from potential default of a debtor. This amount was equal to the total amount of trade receivables (2014: $2,688,558 and 2013: $7,760,097). The council has assessed the risk of the default on payment and had allocated $1,143,215 in 2014 (2013: $1,118,677) to an impairment allowance account. The Council only trades with recognised, creditworthy third parties. Exposure to credit risk is monitored by management on an ongoing basis. The Council holds no collateral to mitigate against credit risk.

Credit quality of financial instruments not past due or individually determined as impaired

Not Past Due Not Past Due Past due or Past due or Nor Impaired Nor Impaired impaired impaired 2014 0 2014 2013 $’000 $’000 $’000 $’000 Cash and cash equivalents 2,545 4,577 - - Receivables for good and services 573 4,664 1,709 2,018 Total 3,119 9,241 1,709 2,018

Ageing of financial assets that were past due but not impaired for 2014

0 to 30 days 31 to 60 days 61 to 90 days 90+ days Total $’000 $’000 $’000 $’000 $’000 Receivables for good and services 234 9 168 155 565 Total 234 9 168 155 565

Ageing of financial assets that were past due but not impaired for 2013

0 to 30 days 31 to 60 days 61 to 90 days 90+ days Total $’000 $’000 $’000 $’000 $’000 Receivables for good and services 408 1 212 279 900 Total 408 1 212 279 900

186 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

Note 17: Financial Instruments (cont’d)

17E Liquidity risk The Northern Land Council’s financial liabilities were payables. The exposure to liquidity risk was based on the notion that the Northern Land Council will encounter difficulty in meeting its obligations associated with financial liabilities. This is highly unlikely due to grants and government funding available to the council and internal policies and procedures put in place to ensure there were appropriate resources to meet its financial obligations. The Council had no derivative financial liabilities in either the current or prior year.

Maturities for non-derivative finanical liabilities

2014 2013 with in 1 year with in 1 year $’000 2014 Trade creditors 2,997 2,829 Other payables 1,160 1,397

17F Market Risk The Council held basic financial instruments that did not expose the Council to certain market risks, such as ‘Currency risk’ and ‘Other price risk’. Interest rate risk Interest rate risk is the risk that the fair value or future cash flows of a financial instument will fluctuate because of changes in interest rates. The Council is exposed to interest rate risk primarily from cash at bank and short term deposits. The Council manages its interest rate risk by maintaining floating rate cash. 17G: Financial Assets Reconciliation

2014 2013 Notes $’000 $’000 Total financial assets as per statement of financial position 4,091 11,219 Less: Non-financial instrument components Other Receivables 7B 407 1,078 Total non-financial instrument components 407 1,078

Total financial assets as per financial instruments note 3,685 10,141

Northern Land Council Annual Report 2013-2014 187 The Northern Land Council Annual Financial Statement

Note 18 : Royalty Assets Held in Trust

Monetary Assets The Northern Land Council maintains a Royalty Trust Account. Monies received on behalf of Associations of Aboriginal people and individuals, in accordance with Section 35 of the Aboriginal Land Rights(NT) Act [ALR(NT) Act], are held in the royalty trust account, and are distributed in accordance with the requirements of the ALR(NT) Act. These monies are not available for other purposes of the Northern Land Council, and are not recognised in the fianacial statement. Non-monetary Assets The Council had no non-monetary assets held in trust in both the current and prior reporting periods. Royalty Trust Account - Monetary Asset

2014 2013 $’000 $’000 Total amount held at the beginning of the reporting period 57,025 20,237 Add RECEIPTS ABA Section 64 (3) Royalty Equivalents 7,666 6,783 Section 15, 16 & 19 8,347 38,500 Section 42, 43 and 44 mining Exploration 21,063 18,542 Section 12 Park Lease, Entry and Camping Fees 2,633 2,582 Native Title 1,340 3,478 Other (218) (10) Interest Received less Fees & Charges 1,247 878 Total Receipts 42,078 70,752 Less: PAYMENTS Royalties Distribution Payments - 33,964 ABA Section 64 (3) Royalty Equivalents 8,352 - Section 15, 16 & 19 29,754 - Section 42, 43 and 44 mining Exploration 20,614 - Section 12 Park Lease, Entry and Camping Fees 1,905 - Native Title 1,064 - 61,688 33,964

Total amount held at the end of the reporting period 37,415 57,025

The reporting requirements of the ALR(NT) Act 1976 are detailed in section 37 (3) - (5), and refer to the application of monies received by the Northern Land Council under various sections of the Act, in particular under sub-section 64(3).

188 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

Note 18 : Royalty Assets Held in Trust (cont’d)

2014 2013 $’000 $’000 Receipts under section 64(3), as referred in section 35(3): Opening balance 666 941 Funds received 7,666 6,783 Funds distributed to the following associations: Gumatj Aboriginal Corporation (3,158) (2,085) Rirratjingu Aboriginal Corporation Incorporated (978) (642) Laynhapuy Homelands Association Incorporated (733) (738) Gundjeihmi Aboriginal Corporation (2,701) (3,593) Guyanggan Aboriginal Corp (763) - Funds awaiting distribution - (666) Closing balance - -

Northern Land Council Annual Report 2013-2014 189 The Northern Land Council Annual Financial Statement

Note 19: Aboriginals Benefit Account Appropriations

Note 19A: Aboriginals Benefit Account Appropriations

ABA Approved Estimates ABA Actual ABA Variance 2013/2014 2013/2014 2013/2014 $000’s $000’s $000’s Surplus/(Deficit) as at 30 June 2013 (1,868) Balance carried forward 853 853 Income ABA S64(1) 17,569 17,569 100% Total ABA income 17,569 17,569 100%

Other Recoveries 1,780 2,769 156% Other Activity Generated Income - 264 0% Interest 80 43 54% Sale of Equipment 257 341 133% Total Other 2,117 3,417 161%

Total Income 20,539 20,986 102%

Expenditure Salaries 10,940 11,552 106% Operating 8,358 10,908 131% Capital 1,241 1,247 101%

Total expenditure 20,539 23,707 115%

ABA surplus/(deficit) for the year (2,721)

ABA surplus/(deficit) as at 30 June 2014 (3,736)

190 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

Note 19B: ABA Special Purpose Grant: Funeral and Ceremonial Activities

2010/11 2011/12 2012/13 2013/14 Total Actual Actual Actual Actual Actual $ $ $ $ $ Income Aboriginals Benefit Account - 500,000 500,000 500,000 1,500,000 Recoveries 1,231 - 2,980 - 4,211 Total Income 1,231 500,000 502,980 500,000 1,504,211

Expenditure Borroloola/Barkly Region 5,126 40,933 64,429 26,295 136,783 Darwin/Daly Region 16,039 131,425 212,689 110,203 470,356 Jabiru Region 15,304 118,418 182,395 82,057 398,174 Katherine Region 19,542 97,477 80,050 65,739 262,807 Ngukurr Region 7,964 45,551 29,091 44,477 127,083 Nhulunbuy Region 16,443 154,743 135,477 77,804 384,468 Tennant Creek 2,054 13,325 33,747 11,826 60,953 Timber Creek (VRD) Region 6,706 28,932 33,962 14,545 84,145 Administration 77 1,833 3,653 (1,682) 3,881 Total Expenditure 89,255 632,637 775,493 431,265 1,928,650

Commitments - Surplus (Deficit) (88,024) (132,637) (272,513) 68,735 (424,439)

Northern Land Council Annual Report 2013-2014 191 The Northern Land Council Annual Financial Statement

Note 19C: ABA Top End Land and Sea Management Program - S64

$ Total Actual 43,870 59,400 83,302 44,784 73,308 116,149 112,883 208,637 159,328 163,741 241,329 136,133 199,409 191,761 158,103 117,045 165,887 119,566 128,824 278,414 422,018 367,228 124,803 684,501 122,901 4,435,584 4,479,454 4,356,553

------$ Actual 73,107 73,107 (73,107) 2013/2014

------$ Actual 870,000 870,000 275,954 275,954 594,046 2012/2013

- - $ 706 1,118 37,270 37,270 21,153 39,851 16,306 72,282 43,200 65,109 34,032 15,618 17,443 63,569 34,438 Actual 25,264 50,246 29,905 66,357 18,168 2 3,137 422,018 124,803 491,146 1,675,870 2011/2012 (1,638,600)

- - - $ 6,600 49,571 55,656 42,881 57,709 50,259 43,463 13,735 31,916 30,225 59,590 19,186 56,723 Actual 50,748 22,667 20,897 47,946 98,994 141,455 113,846 172,546 113,359 1,286,772 1,293,372 1,180,013 2010/2011

- - - - $ 984 2,461 45,425 17,376 50,877 44,165 70,282 62,374 58,638 53,949 34,944 25,885 Actual 89,875 46,652 51,292 50,973 20,809 150,050 161,536 113,062 2,278,812 2,278,812 1,151,608 1,127,204 2009/2010

------$ Capital 2,995,416 2,995,416 2,995,416 2,995,416

- - - $ Approved Budget Approved 61,865 76,838 123,760 113,010 300,000 107,360 176,735 195,365 173,675 105,264 210,395 234,645 147,045 149,790 122,200 214,755 121,585 180,260 272,313 100,000 200,000 178,724 3,565,584 3,565,584 3,565,584 Operating Acacia Larrakia Ranger Group Larrakia Acacia Adjumarllarl Ranger Group Ranger Group SE Arafura/Gurrwiling Asyrikarrak Kirim Ranger Group Asyrikarrak Warramunburr Ranger Group Warramunburr Bulgul Ranger Group Garawa & Waanyi Ranger Group & Waanyi Garawa Garngi Ranger Group Malak Ranger Group Mardbalk Ranger Group Mardbalk Gumurr Marthakal Ranger Group Mimal Ranger Group Numbulwar Ranger Group Numbulwar Timber Creek Ranger Group Timber Creek Wagiman Guwardagun Ranger Group Guwardagun Wagiman Wanga Djakamirr Ranger Group Wanga Weret Ranger Group Weret Wudicupildiyerr Ranger Group Wudicupildiyerr Yugal Mangi Ranger Group Yugal Infrastucture Budget Infrastucture Kenbi (Belyuen) Bagala Administration/Project Mgmt - NLC Administration/Project Income Income Recoveries Total Income Total Expenditure

Total Expenditure Total Commitments Surplus (Deficit)

192 Northern Land Council Annual Report 2013-2014 The Northern Land Council Annual Financial Statement

Note 19D: ABA - Construct a Cultural Display Tjuwaliyn (Douglas) Hot Springs

2012/2013 2013/2014 Total Actual Actual Actual $ $ $ Income Income 10,000 35,000 45,000 Total Income 10,000 35,000 45,000

Expenditure Motor Vehicle Expenses - 273 273 Audit & Acct. Fees 800 - 800 Consultants Other 7,000 - 7,000

Total Expenditure 7,800 273 8,073

Surplus (Deficit) 2,200 34,727 36,927

Northern Land Council Annual Report 2013-2014 193 The Northern Land Council Native Title Representative Body Annual Financial Statement

Native Title Representative Body

Commonwealth Authorities and Companies (CAC) Act & Native Title Act

194 Northern Land Council Annual Report 2013-2014 The Northern Land Council Native Title Representative Body Annual Financial Statement

Northern Land Council Annual Report 2013-2014 195 The Northern Land Council Native Title Representative Body Annual Financial Statement

196 Northern Land Council Annual Report 2013-2014 The Northern Land Council Native Title Representative Body Annual Financial Statement

Northern Land Council Native Title Representative Body 2013/2014 Annual Financial Report

Commonwealth Authorities and Companies (CAC) Act & Native Title Act

Table of Contents Page Statement by the Directors, Chief Executive and Chief Financial Officer 198 Statement of Comprehensive Income 199 Statement of Financial Position 200 Statement of Changes in Equity 201 Cash Flow Statement 202 Schedule of Commitments 203 Schedule of Contingencies 204 Note 1: Summary of Significant Accounting Policies 205 Note 2: Events after the Reporting Period 212 Note 3: Expenses 213 Note 4: Income 214 Note 5: Financial Assets 215 Note 6: Payables 217 Note 7: Provisions 218 Note 8: Cash Flow Reconciliation 219 Note 9: Contingent Assets and Liabilities 220 Note 10: Directors and Senior Executive Remuneration 221 Note 11: Remuneration of Auditors 222 Note 12: Average Staffing Levels 223 Note 13: Financial Instruments 224 Note 14: DPM&C Grant: Native Title Representative Services 225

Northern Land Council Annual Report 2013-2014 197 The Northern Land Council Native Title Representative Body Annual Financial Statement

NORTHERN LAND COUNCIL - NATIVE TITLE REPRESENTATIVE BODY STATEMENT BY THE DIRECTORS, CHIEF EXECUTIVE AND CHIEF FINANCIAL OFFICER The Northern Land Council (NLC) is a Native Title Representative Body (NTRB) as prescribed in the Native Title Act 1993 and a land council under the Aboriginal Land Rights (Northern Territory) Act 1976. Since being recognised as an NTRB, the NLC has performed the functions of the NTRB in association with other NLC functions. While separate books and records are not maintained by the NLC for the NTRB, the revenue and expenditure is recorded as separate cost centres within the NLC financial books and records for the current year and assets and liabilities have been able to be separately identified as detailed in note 1. In our opinion, the attached financial statements for the year ended 30 June 2014 are based on properly maintained financial records accurately extracted from the NLC financial information and give a true and fair view of the matters required by the Finance Minister’s Orders made under the Commonwealth Authorities and Companies Act 1997 as amended. In our opinion, at the date of this statement, there are reasonable grounds to believe that the Body will be able to pay its debts as and when they become due and payable. This Statement is made in accordance with a resolution of the directors.

Signed:...... Signed:...... Samuel Bush-Blanasi John Daly Chairperson Deputy Chairperson

Signed:...... Signed:...... Joe Morrison Steven Lawrence Chief Executive Officer Acting General Manager Corporate Compliance

10 January 2015

198 Northern Land Council Annual Report 2013-2014 The Northern Land Council Native Title Representative Body Annual Financial Statement

STATEMENT OF COMPREHENSIVE INCOME for the period ended 30 June 2014

2014 2013 Notes $’000 $’000 NET COST OF SERVICES

EXPENSES

Employee benefits 3A 3,243 2,809 Suppliers 3B 2,333 2,397 Write down and impaiment of assets 3C 167 329

Total Expenses 5,743 5,535

OWN-SOURCE INCOME Own-source revenue Sale of goods and rendering of services 4A 1,125 1,308 Interest 4B 19 49

Total own-source revenue 1,144 1,357

Gains Reversal of previous asset write downs and impairments 4D 393 - Total gains 393 -

Total own source income 1,537 1,357

Net cost of services 4,206 4,178

Revenue from Government 4C 4,499 3,666

Surplus/(Deficit) attributable to the Australian Government 293 (512)

OTHER COMPREHENSIVE INCOME Total other comprehensive income (loss) - - Total comprehensive income/(loss) attributable to the Australian Government 293 (512)

The above statement should be read in conjunction with the accompanying notes.

Northern Land Council Annual Report 2013-2014 199 The Northern Land Council Native Title Representative Body Annual Financial Statement

Statement of Financial Position as at 30 June 2014

2014 2013 Notes $’000 $’000 ASSETS Financial Assets Cash and cash equivalents 5A 1,312 924 Trade and other receivables 5B 256 88 Total financial assets 1,568 1,012

Total Assets 1,568 1,012

LIABILITIES Payables Inter-entity payable 6A 570 420 Other payable 6B 155 88 Total payables 725 508

Provisions Employee provisions 7A 451 405 Total provisions 451 405

Total Liabilities 1,176 913 Net Assets 392 99

EQUITY Retained surplus/(accumulated deficit) 392 99 Total Equity 392 99

The above statement should be read in conjunction with the accompaying notes.

200 Northern Land Council Annual Report 2013-2014 The Northern Land Council Native Title Representative Body Annual Financial Statement

STATEMENT OF CHANGES IN EQUITY for the period ended 30 June 2014

Retained Earnings Total Equity 2014 2013 2014 2013 $’000 $’000 $’000 $’000 Opening balance Balance carried forward from previous period 99 611 99 611

Comprehensive Income Surplus (Deficit) for the year 293 (512) 293 (512) Total comprehensive income 293 (512) 293 (512)

Closing Balance as at 30 June 392 99 392 99

The above statement should be read in conjunction with the accompanying notes.

Northern Land Council Annual Report 2013-2014 201 The Northern Land Council Native Title Representative Body Annual Financial Statement

CASH FLOW STATEMENT for the period ended 30 June 2014

2014 2013 Notes $’000 $’000 OPERATING ACTIVITIES Cash received Receipts from Government 4,949 4,033 Sales of goods and rendering of services 1,257 1,232 Interest 19 49 Total cash received 6,225 5,314

Cash used Employees (3,154) (2,663) Suppliers (2,331) (2,696) Net GST paid (352) (259) Total cash used (5,837) (5,618) Net cash from/(used by) operating activities 8 388 (304)

Net increase/(decrease) in cash held 388 (304) Cash and cash equivalent at the beginning of the reporting period 924 1,228 Cash and cash equivalent at the end of the reporting period 5A 1,312 924

The above statement should be read in conjunction with the accompanying notes.

202 Northern Land Council Annual Report 2013-2014 The Northern Land Council Native Title Representative Body Annual Financial Statement

SCHEDULE OF COMMITMENTS as at 30 June 2014

2014 2013 $’000 $’000 BY TYPE Commitments Receivable Net GST recoverable on commitments - (26) Total commitments receivable - (26)

Commitment Payable Other commitments Operational commitments 2 287 Total other commitments 2 287 Net commitments by type 2 261

BY MATURITY

Commitments receivable Other commitments receivable Within 1 year - (26) Total other commitments receivable - (26)

Commitments payable Other commitments Within 1 year 2 287 Total other commitments 2 287

Net Commitments by maturity 2 261

Note: Commitments are GST inclusive where relevant. The nature of operational commitments are various goods & services ordered and not yet received. The above schedule should be read in conjunction with the accompanying notes

Northern Land Council Annual Report 2013-2014 203 The Northern Land Council Native Title Representative Body Annual Financial Statement

SCHEDULE OF CONTINGENCIES as at 30 June 2014 There are no contingent liabilities for the 2013/14 year. (No contingent liabilities in 2012/13).

204 Northern Land Council Annual Report 2013-2014 The Northern Land Council Native Title Representative Body Annual Financial Statement

Note 1: Summary of Significant Accounting Policies

1.1 Overview The Northern Land Council (NLC) is a Native Title Representative Body (NTRB) as prescribed in the Native Title Amendment Act 1998 and a Land Council under the Aboriginal Land Rights (Northern Territory) Act 1976. Since being recognised as an NTRB, the NLC has performed the functions of the NTRB in association with other NLC functions. The NLC has reporting requirements specified in the Native Title Amendment Act 1998, Commonwealth Authorities and Companies Act 1997 (schedule 1) and Finance Minister’s Orders. It is a not-for-profit entity. The NTRB is dependent on the continued release of these funds for its continued existence and ability to carry out its normal activities. The funding conditions of the NTRB are laid down by the Native Title Act, and any special purpose grant guidelines. Accounting for monies received from the Department of Prime Minister & Cabinet (PMC) is subject to conditions approved by the Land Rights Branch. 1.2 Basis of Preparation of the Financial Statements The financial statements are general purpose financial statements and are required by clause 1 (b) of schedule 1 to the Commonwealth Authorities and Companies Act 1997 and Section 203DC (4) of the Native Title Amendment Act 1998. The statements have been prepared in accordance with: »» Finance Minister’s Orders (FMO’s) for reporting periods ending on or after 1 July 2011 »» Australian Accounting Standards and Interpretations issued by the Australian Accounting Standards Board (AASB) that apply for the reporting period. The NLC has prepared the statement of comprehensive income, statement of financial position and cash flow statement applicable to the NTRB operation and function. All NTRB account balances have been identified from within the NLC financial information system and accurately extracted from the NLC accounts, representing the completeness and existence of all assets and liabilities of the NTRB. The NLC maintains an NTRB revenue and expenditure cost centre and the statement of comprehensive income is a complete and accurate record of NTRB revenue and expenditure. The NTRB financial statements have been prepared on an accrual basis and in accordance with historical cost convention, except for certain assets and liabilities at fair value. Except where stated, no allowance is made for the effect of changing prices on the results or the financial position. The financial statements are presented in Australian dollars and values are rounded to the nearest thousand dollars unless otherwise specified. Unless an alternative treatment is specifically required by an accounting standard or the FMO’s, assets and liabilities are recognised in the NTRB statement of financial position when and only when it is probable that future economic benefits will flow to the entity or a future sacrifice of economic benefits will be required and the amounts of the assets or liabilities can be reliably measured. However, assets and liabilities arising under executor contracts are not recognised unless required by an accounting standard. Liabilities and assets that are unrecognised are reported in the schedule of commitments and the schedule of contingencies. Unless alternative treatment is specifically required by an accounting standard, income and expenses are recognised in the NTRB statement of Comprehensive Income when and only when the flow, consumption or loss of economic benefits has occurred and can be reliably measured.

Northern Land Council Annual Report 2013-2014 205 The Northern Land Council Native Title Representative Body Annual Financial Statement

1.3 Significant Accounting Judgements and Estimates No accounting assumptions or estimates have been identified that have a significant risk of causing a material adjustment to carrying amounts of assets and liabilities within the next reporting period. 1.4 New Accounting Standards Adoption of New Australian Accounting Standard Requirements

No accounting standard has been adopted earlier than the application date as stated in the standard. New standards, revised standards, interpretations, amending statements that were issued prior to the sign-off date and are applicable to the current reporting period did not have a financial impact, are not expected to have a future financial impact on the Northern Land Council as a NTRB.

Future Australian Accounting Standard Requirements

New standards, revised standards, interpretations, amending standards that were issued prior to the sign-off date and are applicable to the future reporting period are not expected to have a future financial impact on the entity. 1.5 Revenue Revenue from the sale of goods is recognised when: a) the risks and rewards of ownership have been transferred to the buyer; b) the Northern Land Council as an NTRB retains no managerial involvement or effective control over the goods; c) the revenue and transaction costs incurred can be reliably measured; and d) it is probable that the economic benefits associated with the transaction will flow to the NTRB. Revenue from rendering of services is recognised by reference to the stage of completion of contracts at the reporting date. The revenue is recognised when: a) the amount of revenue, stage of completion and transaction costs incurred can be reliably measured; and b) the probable economic benefits with the transaction will flow to the entity. The stage of completion of contracts at the reporting date is determined by reference to the proportion that costs incurred to date bear to the estimated total costs of the transaction. Receivables for goods and services, which have 30 day terms, are recognised at the nominal amounts due less any impairment allowance account. Collectability of debts is reviewed as at the end of the reporting period. Allowances are made when collectability of the debt is no longer probable. Interest revenue is recognised using the effective interest method as set out in AASB 139 Financial Instruments: Recognition and Measurement.

Revenues from Government

Funding received or receivable are recognised as Revenue from Government when the entity gains control of the appropriation, except for certain amounts that relate to activities that are reciprocal in nature, in which case revenue is recognised only when it is earned.

206 Northern Land Council Annual Report 2013-2014 The Northern Land Council Native Title Representative Body Annual Financial Statement

1.6 Gains Resources Received Free of Charge

Resources received free of charge are recognised as gains when, and only when a fair value can be reliably determined and the services would have been purchased if they had not been donated. Use of those resources is recognised as an expense. Resources received free of charge are recorded as either revenue or gains depending on their nature. Contributions of assets at no cost of acquisition or for nominal consideration are recognised as gains at their fair value when the asset qualifies for recognition, unless received from another Government entity as a consequence of a restructuring of administrative arrangements.

Sale of Assets

Gains from disposal of non-current assets are recognised when control of the asset has passed to the buyer. 1.7 Employee Benefits Liabilities for ‘short-term employee benefits’ (as defined in AASB 119 Employee Benefits) and termination benefits expected within twelve months of the end reporting period are measured at their nominal amounts The nominal amount is calculated with regard to the rates expected to be paid on settlement of the liability.

Leave

The liability for employee benefits includes provisions for annual leave and long service leave. No provision has been made for sick leave as all sick leave is non-vesting and the average sick leave taken in future years by employees of the NTRB is estimated to be less than the annual entitlement for sick leave. The leave liabilities are calculated on the basis of employees’ remuneration at the estimated salary rates that will be applied at the time the leave is taken, including the NTRB’s employer superannuation contribution rates to the extent that the leave is likely to be taken during service rather than paid out on termination. The estimate of the present value of the long service leave liability takes into attrition rates and pay increases through promotion and inflation.

Separation and Redundancy

Provision is made for separation and redundancy benefit payments. The NTRB recognises a provision for termination when it has developed a detailed formal plan for the terminations and has informed those employees affected that it will carry out the terminations.

Superannuation

The majority of NTRB’s staff are members of the MLC Superannuation Scheme and MLC Limited plan for casual employees. The NLC/NTRB complies with the requirements of the superannuation choice legislation. All superannuation contributions are to defined contribution plans. The liability for superannuation recognised as at 30 June represents outstanding contributions for the final fortnight of the year.

Northern Land Council Annual Report 2013-2014 207 The Northern Land Council Native Title Representative Body Annual Financial Statement

1.8 Leases A distinction is made between finance leases and operating leases. Finance leases effectively transfer from the lessor to the lessee substantially all the risks and rewards incidental to ownership of leased assets. An operating lease is a lease that is not a finance lease. In operating leases, the lessor effectively retains substantially all such risks and benefits. Operating lease payments are expensed on a straight-line basis which is representative of the pattern of benefits derived from the leased assets. 1.9 Cash Cash is recognised at its nominal amount. Cash and cash equivalents include: a) cash on hand; and b demand deposits in bank accounts with an original maturity of 3 months or less that are readily convertible to known amounts of cash and subject to insignificant risk of changes in value. NTRB cash is received into the NTRB bank account. All payments are made from the NLC operating account. On a regular basis the funds are transferred from the NTRB bank account to the NLC operating account for the value of payments on behalf of the NTRB. 1.10 Financial Assets The NTRB classifies its financial assets in the following categories: a) ‘loans and receivables’. The classification depends on the nature and purpose of the financial assets and is determined at the time of initial recognition. Financial assets are recognised and derecognised upon trade date.

Loans and Receivables

Impairment of Financial Assets

208 Northern Land Council Annual Report 2013-2014 The Northern Land Council Native Title Representative Body Annual Financial Statement

1.11 Financial Liabilities Financial liabilities are classified as either financial liabilities ‘at fair value through profit or loss’ or other financial liabilities. Financial liabilities are recognised and derecognised upon ‘trade date’.

Other financial liabilities

Other financial liabilities, including borrowings, are initially measured at fair value, net of transaction costs. These liabilities are subsequently measured at amortised cost using the effective interest method, with interest expense recognised on an effective yield basis. The effective interest method is a method of calculating the amortised cost of a financial liability and of allocating interest expense over the relevant period. The effective interest rate is the rate that exactly discounts estimated future cash payments through the expected life of the financial liability, or, where appropriate, a shorter period. Supplier and other payables are recognised at amortised cost. Liabilities are recognised to the extent that the goods or services have been received (and irrespective of having been invoiced). 1.12 Contingent Liabilities and Contingent Assets Contingent liabilities and contingent assets are not recognised in the statement of financial position but are reported in the relevant schedules and notes. They may arise from uncertainty as to the existence of a liability or asset or represent an asset or liability in respect of which the amount cannot be reliably measured. Contingent assets are disclosed when settlement is probable but not virtually certain and contingent liabilities are disclosed when settlement is greater than remote. 1.13 Acquisition of Assets Assets are recorded at cost on acquisition except as stated below. The cost of acquisition includes the fair value of assets transferred in exchange and liabilities undertaken. Financial assets are initially measured at their fair value plus transaction costs where appropriate. Assets acquired at no cost, or for nominal consideration, are initially recognised as assets and income at their fair value at the date of acquisition, unless acquired as a consequence of restructuring of administrative arrangements. In the latter case, assets are initially recognised as contributions by owners at the amounts at which they were recognised in the transferor’s accounts immediately prior to the restructuring. 1.14 Property (Land, Buildings and Infrastructure), Plant and Equipment Asset Recognition Threshold

Purchases of property, plant and equipment are recognised initially at cost in the statement of financial position, except for purchases costing less than the capitalisation threshold, which are expensed in the year of acquisition. The capitalisation thresholds values are:

Furniture and equipment $5,000 Information technology (hardware) $5,000 Information technology (software) $5,000 Motor vehicles $10,000

Northern Land Council Annual Report 2013-2014 209 The Northern Land Council Native Title Representative Body Annual Financial Statement

Revaluations

Fair values for each class of asset are determined as shown below:

Asset Class Fair value measurement Other Property Plant and Equipment Market selling price

Following initial recognition at cost, property plant and equipment were carried at fair value less subsequent accumulated depreciation and accumulated impairment losses. Valuations were conducted with sufficient frequency to ensure that the carrying amounts of assets did not differ materially from the assets’ fair values as at the reporting date. The regularity of independent valuations depended upon the volatility of movements in market values for the relevant assets. Revaluation adjustments were made on a class basis. Any revaluation increment was credited to equity under the heading of asset revaluation reserve except to the extent that it reversed a previous revaluation decrement of the same asset class that was previously recognised in the surplus/deficit. Revaluation decrements for a class of assets were recognised directly in the surplus/deficit except to the extent that they reversed a previous revaluation increment for that class. Any accumulated depreciation as at the revaluation date is eliminated against the gross carrying amount of the asset and the asset restated to the devalued amount.

Depreciation

Depreciable property, plant and equipment assets are written-off to their estimated residual values over their estimated useful lives to the NTRB using, in all cases, the straight-line method of depreciation. Depreciation rates (useful lives), residual value and methods are reviewed at each reporting date and necessary adjustments are recognised in the current, or current and future reporting periods, as appropriate. Depreciation rates applying to each class of depreciable asset are based on the following useful lives:

2014 2013 Furniture & equipment 3 - 5 years 3 - 5 years Motor vehicles & other plant 3 - 5 years 3 - 5 years

Impairment

All assets were assessed for impairment at 30 June 2014. Where indications of impairment exist, the asset’s recoverable amount is estimated and an impairment adjustment made if the asset’s recoverable amount is less than its carrying amount. The recoverable amount of an asset is the higher of its fair value less costs to sell and its value in use. Value in use is the present value of the future cash flows expected to be derived from the asset. Where the future economic benefit of an asset is not primarily dependent on the asset’s ability to generate future cash flows, and the asset would be replaced if the NTRB were deprived of the asset, its value in use is taken to be its depreciated replacement cost.

210 Northern Land Council Annual Report 2013-2014 The Northern Land Council Native Title Representative Body Annual Financial Statement

1.15 Intangibles The NTBR’s intangibles comprise internally developed software for internal use. These assets are carried at cost less accumulated amortisation and accumulated impairment losses. Software is amortised on a straight-line basis over its anticipated useful life. The useful life of NTRB’s software is 3 years. All software assets were assessed for indications of impairment as at 30 June 2014. 1.16 Taxation / Competitive Neutrality The NTRB is exempt from all forms of taxation except Fringe Benefits Tax (FBT) and the Goods and Services Tax (GST). Revenues, expenses and assets are recognised net of GST except: »» where the amount of GST incurred is not recoverable from the Australian Taxation Office; and »» for receivables and payables. Competitive Neutrality

The NTRB does not provide any services on a for-profit basis. Under Competitive Neutrality arrangements, the NTRB is not required to make Australian Income Tax Equivalent payments to the Government.

Northern Land Council Annual Report 2013-2014 211 The Northern Land Council Native Title Representative Body Annual Financial Statement

Note 2: Events after the Reporting Period

There are no events that have occurred after reporting date that have been brought to account in the 2013/14 Financial Report.

212 Northern Land Council Annual Report 2013-2014 The Northern Land Council Native Title Representative Body Annual Financial Statement

Note 3: Expenses

2014 2013 $’000 $’000 Note 3A: Employee Benefits Wages and salaries 2,748 2,356 Superannuation 319 256 Leave and other entitlements 176 197 Total employee benefits 3,243 2,809

Note 3B: Suppliers Goods and services Consultants 661 1,017 Stationery 20 33 Travel 892 617 Vehicle 257 156 Training 31 46 IT/Communications 89 89 Other 248 360 Total goods & services 2,198 2,318

Goods & services supplied in connection with: Provision of goods – external parties 499 316 Rendering of services – external parties 1,699 2,002 Total goods & services 2,198 2,318

Other suppliers Operating lease rentals: Minimum lease payments 71 69 Workers compensation expense 64 10 Total other supplier expenses 135 79

Total supplier expenses 2,333 2,397

Note 3C: Write-Down and Impairment of Assets Impairment on financial instruments 167 329 Total write-down and impairment of assets 167 329

Northern Land Council Annual Report 2013-2014 213 The Northern Land Council Native Title Representative Body Annual Financial Statement

Note 4: Income

2014 2013 $’000 $’000 OWN SOURCE REVENUE

Note 4A: Sale of Goods and Rendering of Services Rendering of services - external parties 1,125 1,308 Total sale of goods and rendering of services 1,125 1,308

Note 4B: Interest Deposits 19 49 Total interest 19 49

REVENUE FROM GOVERNMENT

Note 4C: Revenue from Government Revenue from Government: Department of Prime Minister & Cabinet Grant 4,499 3,666 Total revenue from Government 4,499 3,666

Note 4D: Reversal of previous Asset write-downs and impairments Reversal of impairment losses 393 - 393

214 Northern Land Council Annual Report 2013-2014 The Northern Land Council Native Title Representative Body Annual Financial Statement

Note 5: Financial Assets

2014 2013 $’000 $’000 Note 5A: Cash and Cash Equivalents Cash on deposit 1,312 924 Total cash and cash equivalents 1,312 924

Note 5B: Trade and Other Receivables Goods and Services Goods and services - external parties 429 487 Toal receivables for goods and services 429 487

Less impairment allowance: Goods and services (173) (399) Total impairment allowance (173) (399)

Total trade and other receivables (net) 256 88

Trade and other receivables (net) are expected to be recovered: No more than 12 months 256 88 More than 12 months - - Total trade and other receivables (net) 256 88

Trade and other receivables (gross) are aged as follows: Not overdue 63 74 Overdue by: Less than 30 days 56 - 30 to 60 days - - 61 to 90 days - - More than 90 days 310 413 Total trade and other receivables (gross) 429 487

Impairment allowance aged as follows: Not overdue (7) (61) Overdue by: Less than 30 days (57) - 30 to 60 days - - 61 to 90 days - - More than 90 days (109) (338) Total impairment allowance (173) (399)

Northern Land Council Annual Report 2013-2014 215 The Northern Land Council Native Title Representative Body Annual Financial Statement

Note 5: Financial Assets (cont’d)

Note 5B: Trade and other receivables (cont’d) Reconciliation of the Impairment Allowance:

Movements in relation to 2014

Goods and services Total 2014 2014 $’000 $’000 Opening balance 399 399 Amounts recovered and reversed (393) (393) Impairment allowance 167 167 Closing balance 173 173

Movements in relation to 2013

Goods and services Total 2013 2013 $’000 $’000 Opening balance 70 70 Impairment allowance 329 329 Closing balance 399 399

216 Northern Land Council Annual Report 2013-2014 The Northern Land Council Native Title Representative Body Annual Financial Statement

Note 6: Payables

2014 2013 $’000 $’000 Note 6A: Inter-entity Payable Payable to Northern Land Council 570 420

Note 6B: Other Payables Trade Payables 77 5 Salary and wages 74 53 Accruals 4 30 155 88

Total payables 725 508

Inter-entity and other payables are expected to be settled in: No more than 12 months 725 508 More than 12 months - - Inter-entity and other payables 725 508

Payables in connection with Related parties 570 420 External parties 155 88 725 508

Settlement was usually made within 30 days.

Northern Land Council Annual Report 2013-2014 217 The Northern Land Council Native Title Representative Body Annual Financial Statement

Note 7: Provisions

2014 2013 $’000 $’000 Note 7A: Employee Provisions Annual leave 277 242 Long service leave 174 163 Other - - Total employee provisions 451 405

Employee provisions are expected to be settled in:

No more than 12 months 317 261 More than 12 months 134 144 Total employee provisions 451 405

218 Northern Land Council Annual Report 2013-2014 The Northern Land Council Native Title Representative Body Annual Financial Statement

Note 8: Cash Flow Reconciliation

2014 2013 $’000 $’000 Note 8A: Cash Flow Reconciliation Reconciliation of cash and cash equivalents as per Statement of Financial Position to Cash Flow Statement

Cash and cash equivalents as per: Cash Flow Statement 1,312 924 Statement of financial position 1,312 924 Difference - -

Reconciliation of net cost of services to net cash from operating activities: Net cost of services (4,206) (4,178) Add revenue from Government 4,499 3,666

Movement in assets and liabilities (Increase) / decrease in net receivables (168) 122 Increase / (decrease) in employee provisions 46 156 Increase / (decrease) in inter-entity payables 150 (81) Increase / (decrease) in other payables 67 11 Net cash from (used by) operating activities 388 (304)

Northern Land Council Annual Report 2013-2014 219 The Northern Land Council Native Title Representative Body Annual Financial Statement

Note 9: Contingent Assets & Liabilities

Quantifiable Contingencies The Northern Land Council as NTRB has undertaken an assessment of the reasonable potential liability arising out of litigation to which the NTRB is a party. As at 30 June 2014 the potential liability has been assessed as nil (no contigent liabilities in 2012/13).

220 Northern Land Council Annual Report 2013-2014 The Northern Land Council Native Title Representative Body Annual Financial Statement

Note 10: Directors and Senior Executive Remuneration

There were no director or executive remuneration payments made during the period with NTRB monies.

Northern Land Council Annual Report 2013-2014 221 The Northern Land Council Native Title Representative Body Annual Financial Statement

Note 11: Remuneration of Auditors

2014 2013 $’000 $’000 Financial statement audit services provided to the Northern Land Council in regard to NTRB by the Australian National Audit Office:

Fair value of the Services provided Financial statement audit services 9 9 Total 9 9

No other services were provided by the Auditor of the financial Statements.

222 Northern Land Council Annual Report 2013-2014 The Northern Land Council Native Title Representative Body Annual Financial Statement

Note 12: Average Staffing Levels

2014 2013 The average staffing levels for the Authority during the year were: 24 27

Northern Land Council Annual Report 2013-2014 223 The Northern Land Council Native Title Representative Body Annual Financial Statement

Note 13: Financial Instruments

2014 2013 $’000 $’000 13A Categories of Financial Instruments Financial Assets Loans and receivables: Cash on deposit 1,312 924 Trade and other receivables 256 88 Total financial assets 1,568 1,012

Financial Liabilities Amortised Cost: Inter-entity payable 570 420 Other payables 155 88 Total Carrying amount of financial liabilities 725 508

13B Gains or losses on Financial Assets Loans and receivables Interest revenue (see note 4B) 19 49 Net gain/(loss) loans and receivables 19 49

13C Fair Values of Financial Instruments The carrying amount of the financial instrucments are reasonable approximation of fair value due to their short term nature. 13D Credit Risk The NTRB was exposed to minimal credit risk as loans and receivables were cash and trade receivables. The carrying amount of financial assets recorded in the financial statements, net of any allowances for losses, represents the NTRB’s maximum exposure to credit risk. The NTRB only trades with recognised, creditworthy third parties. Exposure to credit risk is monitored by management on an ongoing basis. The NTRB held no collateral to mitigate against credit risk. 13E Liquidity risk The NTRB’s financial liabilities were payables. The exposure to liquidity risk was based on the notion that the NTRB will encounter difficulty in meeting its obligations associated with financial liabilities. This was highly unlikely due to government funding and mechanisms available to the entity and internal policies and procedures put in place to ensure there were appropriate resources to meet its financial obligations. 13F Market risk The NTRB held basic financial instruments that did not expose the entity to certain market risks, such as Currency Risk’ and Other Price Risks.

224 Northern Land Council Annual Report 2013-2014 The Northern Land Council Native Title Representative Body Annual Financial Statement

Note 14: Department of Prime Minister & Cabinet (PM&C) Grant: Native Title Representative Services

2013/14 2013/14 2013/14 Approved 2013/14 Actual vs. Actual vs. Budget Actual Budget Budget $ $ $ % Income PM&C Funding - Operational 4,498,958 4,498,958 - 100% Other Project Income 659,066 1,125,480 (466,414) 171% Interest Income 55,000 18,794 36,206 34% Prior year commitments brought forward - 260,977 (260,977) 0% Total Income 5,213,024 5,904,209 (691,185) 113% Expenditure Operational Salaries Corporate Staff (eg Accounting admin.) 87,081 - (87,081) Project Staff (eg Legal, Anthropologists, field) 2,310,728 3,310,171 999,443 143% Services Accommodation 70,806 70,806 - 100% Motor Vehicles - Corporate 106,209 67,769 (38,440) 64% Repair and Maintenance - Equipment 9,454 9,454 - 100% Repair and Maintenance - Buildings 9,454 9,454 - 100% Bank Charges 12,237 - (12,237) Audit Fees 12,751 12,000 (751) 94% Consultants - Attributable 863,235 534,433 (328,802) 62% Communications, Telephones, Fax and IT 89,477 86,331 (3,146) 96% Insurance 9,122 9,122 - 100% Training and Development Governing Committee 8,872 - (8,872) Staff 85,666 92,556 6,890 108% Meeting Expenses Claimants 178,367 317,047 138,680 178% Travel and Allowances Claimants 107,364 213,080 105,716 198% Staff Travel - Corporate 19,286 602 (18,684) 3% Staff Travel - Attributable 331,757 756,969 425,212 228% Supplies and Consumables Office supplies & Consumables - Corporate 26,867 18,653 (8,214) 69% Other Operational Recruitment & Relocation 16,993 4,830 (12,163) 28% Security 4,411 4,411 - 100% Equipment 29,129 7,924 (21,205) 27% Policy & Liaison 30,900 441 (30,459) 1% Educational Resources - Land Rights 30,900 3,672 (27,228) 12% Other NNTC Contribution 20,000 - (20,000) Contested Litigation - Timber Creek - - - Consent Determinations - - - Total Expenditure 4,471,066 5,529,725 1,058,659 124% Carried forward to 2014/15 741,958 741,958 - 100% 5,213,024 6,271,683 1,058,659 120% Surplus/(Deficit) - (367,474) (367,474) -

Northern Land Council Annual Report 2013-2014 225 The Northern Land Council Native Title Representative Body Annual Financial Statement

Glossary of Terms

Agreements:

Land Use Agreements are generally leases or licences for the use of or to carry out activities on Aboriginal land issued in accordance with s19 of the Aboriginal Land Rights (Northern Territory) Act 1976. Indigenous Land Use Agreements are Native Title agreements about the management and use of lands and waters between Native Title Claimants/ Holders and other parties. Agreements reached through the Native Title negotiations process either before or after a Native title determination is made. Part IV Mining Agreements Exploration and mining agreements are entered into in accordance with the Part of the Aboriginal Land Rights Act (Northern Territory) 1976. Acronyms:

ABA Aboriginals Benefit Account Aboriginal Land means land held by a Land Trust for an estate in fee simple; or land the subject of a deed of grant held in escrow by a Land Council. Aboriginal Land Trust established under the Aboriginal Land Rights (Northern Territory) Act 1976. Section 5 sets out the functions of Land Trusts. Section 7 deals with membership of Land Trusts ALRA means the Aboriginal Land Rights (Northern Territory) Act 1976. APO NT is the Aboriginal Peak Organisations Northern Territory which is an alliance between Northern Land Council (NLC), Central Land Council (CLC), North Australian Aboriginal Justice Agency (NAAJA), Aboriginal Medical Services Alliance of the NT (AMSANT), Central Australian Aboriginal Legal Aid Service (CAALAS) CAC Act Commonwealth Authorities and Companies Act 1997 CFI Carbon Farming Initiative CLC Central Land Council established under the Aboriginal Land Rights Act (Northern Territory) 1976. CSIRO Commonwealth Scientific and Industrial Research Organisation DEEWR Department of Education, Employment and Workplace Relations FaHCSIA The Department of Families, Housing, Community Services and Indigenous Affairs GIS The Northern Land Council’s in-house Geographic Information System IBA Indigenous Business Australia

226 Northern Land Council Annual Report 2013-2014 The Northern Land Council Native Title Representative Body Annual Financial Statement

ILC Indigenous Land Corporation ILUA Indigenous Land Use Agreement (for definition, see page 91) IPP Indigenous Pastoral Program (for definition, see page 60) JACS The NLC’s Jobs and Careers Service Unit Land Council means an Aboriginal Land Council established in accordance with the Aboriginal LIMS The Northern Land Council’s Land Information Management System (see page 103) LIR Land Interest Reference Mining Act Minerals Titles Act 2010 NAA National Archives of Australia NAIDOC National Aborigines and Islanders Day Observance Committee NAILSMA a cross-jurisdictional alliance delivering initiatives across northern Australia including Western Australia, Northern Territory and Queensland. NLC Northern Land Council established under the Aboriginal Land Rights Act (Northern Territory) 1976. NRETAS Northern Territory Department of Natural Resources, Environment and the Arts NTRB Native Title Representative Body (for definition, see page 91) PBC Prescribed Body Corporate (for definition, see page 103) SIR Strategic Indigenous Reserve, an amount of water set aside in a water allocation plan for Indigenous people in a water allocation plan area to support future water trading and economic development. SEWPaC Department of Sustainability, Environment, Water, Populations and Communities Traditional Owners same meaning as traditional Aboriginal owner—a local descent group of Aboriginals who have common spiritual affiliations to a site on the land, being affiliations that place the group under a primary spiritual responsibility for that site and for the land; and are entitled by Aboriginal tradition to forage as or right over that land. WoC Working on Country funding initiative of SEWPaC

Northern Land Council Annual Report 2013-2014 227 The Northern Land Council Native Title Representative Body Annual Financial Statement

Compliance Index

Compliance Index of Commonwealth Authorities and Companies Act 1997 (CAC Act)

Commonwealth Authorities (Annual Reporting) Page Requirement Orders 2011 Number(s)

Approval by Directors Clause 6 148; 198

Details of exemptions granted by Finance Minister in regard to Clause 7 137 reporting requirements

Enabling legislation Clause 10 137

Responsible Minister Clause 11 137

Ministerial Directions Clause 12 27

General Policy Orders Clause 12 27

Work Health and Safety Clause 12 55-57; 142

Advertising and Market Research Clause 12 139

Disability Reporting Mechanisms Clause 12 57

Ecologically sustainable development and environmental performance Clause 12 139-140

Information about Directors Clause 13 39-49

Organisational Structure Clause 14 52

39-48; 137-138; Board Committees and their main responsibilities Clause 14 142-143

Main corporate governance practices (i.e. risk management, ethics, Clause 14 137 education and performance review for directors)

Related Entity Transaction Clause 15 138

Significant events under section 15 of the CAC Act Clause 16 (a) 27

Operational and financial results Clause 16 (b) 26

Key changes to the authority’s state of affairs or principal activities Clause 16 (c) 27

Amendments to authority’s enabling legislation Clause 16 (d) 27

Significant judicial or administrative tribunal decisions Clause 17 (a) 27

Reports made about the authority Clause 17 (b) Nil

Obtaining information from subsidiaries Clause 18 Nil

Indemnities and insurance premiums Clause 19 137

228 Northern Land Council Annual Report 2013-2014 The Northern Land Council Native Title Representative Body Annual Financial Statement

Compliance Index of Aboriginal Land Rights (Northern Territory) Act 1976

Page Reference Number(s)

Fees: Specify the total fees received for services provided by the land council: a) under Part IV (Mining); and b) under 33A for services prescribed by the regulations that it provides s37(2) 27; 166 in performing any of its functions, whether in the reporting year or the previous year. Specify total fees received under s33B (other fees charged to the Commonwealth).

Section 35 Determinations Include details of payments by the Council under Sec. 35 (2) or (3) and any determinations made by the Minister under Sec. 35 (6) made during the reporting year. s37(3) 188 Details of payments made by determination or otherwise under 35(2), 35(6), s37(4) 35(4), 35(4B), 35(11), and 67B (6) must be provided and include, the recipient of the amount; the subsection under which the amount was paid; and the total of the amount paid.

Details of amounts held in trust

In respect of amounts paid to the Council and held in trust at the end of the s37(5) 26; 135 year; provide details of the amount paid to Council and the year it was paid, the amount held in trust, and the mining operation concerned.

Delegations If there is a delegation under s28, particulars of activities during the year related s37(6) 142 to any delegated functions or activities must be provided.

Committees 137; If a committee has been appointed under s29A to assist the Council in relation s37(7) to the performance of any of its functions or the exercise of any of its powers, 142-143 detailed information of its activities must be included.

Consultants Specify each consultant engaged by council during the year and the amount paid to each consultant. In order for comprehensive information to be reported s37(8) 138-139 details of the nature of work undertaken the total cost of the consultancy and the reasons why a consultant was required could be included in addition to the details required by this provision.

Northern Land Council Annual Report 2013-2014 229 The Northern Land Council Native Title Representative Body Annual Financial Statement

Environment Commonwealth authorities must under s516A of the Environment Protection and S516A, 29-31; 63-77; Biodiversity Conservation Act 1999, include a report EPBC Act 139 on environmental matters.

Work Health and Safety Item 4, Commonwealth authorities must include information set out in Schedule 2 55-57; 142 sub-item 4(2) of the Work Health and Safety Act 2011. WH&S Act

230 Northern Land Council Annual Report 2013-2014

Our Land, Our Sea, Our Life