LAND RIGHTS NEWS northern edition

January 2014-Edition 1 “Our Land, Our Sea, Our Life” www.nlc.org.au Mara dance, tradition on show MATHIAS HAMMER, 18, is a member of the Mara dance group, one of a number of traditional dance groups from Borroloola. Here, Mathias was performing at the opening ceremony of Western Desert Resources’ Roper Red operations, at Bing Bong, about 700km south-east of Darwin. The dance group often performs at festivals, NAIDOC and other events. Last year in October, the Mara dance group were special guests at the Mbantua Festival in Alice Springs. • WDR opening ceremony-P10 Picture: DARREN MONCRIEFF 2 - Land Rights News-Northern Edition www.nlc.org.au - January 2014 Court endorses Rio Gove agreement THE Northern Land Coun- on February 3 this year. Gondarra and the NLC, that his views,” she said. cil’s (NLC) negotiations under Dr Gondarra claimed that claim was “substantially about Justice Kenny referred in her the Land Rights Act which led the Minister could not have the lack of consultation (by the judgement to the “substantial in May 2011 to the lease and been properly satisfied that the NLC) of his group (the Dhurili autonomy” of land councils. royalties agreement between NLC had complied with its duty Nation) in their supposed capac- She rejected the notion, traditional Aboriginal owners to consult with the traditional ity as the traditional Aboriginal advanced by lawyers for Dr at Gove and Rio Tinto Alcan Aboriginal owners and other owner.” Gondarra, that the Minister for (RTA) have been effectively Aboriginal people interested in “… if Dr Gondarras’s group Indigenous Affairs had a super- endorsed by the Federal the land under lease. had been recognised as the tra- visory role when land councils JUSTICE Susan Kenny. Court. Dr Gondarra has long dis- ditional owner then this would negotiated agreements. In the Federal Court, Dr puted the ownership of the land have been a tenable complaint; That, the judge said, “is apt contractors. Djiniyini Gondarra, for a group known as the red mud ponds. but his group was not so recog- to conceal both the role and ex- 1976 - First Gove Agreement of clans known as the Dhurili His claim to be a traditional nised and the complaint was not pertise of land councils, and the (expiring 29 May 2011, no Nation, challenged the decision owner has equally long been therefore sustainable.” amenability of their processes to right of renewal). of Federal Indigenous Affairs rejected by the NLC, for reasons Rather, Dr Gondarra was con- judicial supervision”. 2007 - Commissioning of $3 Minister Jenny Macklin to con- which include its basis of matri- sulted by the NLC as an Aborig- It would also allow an billion expansion of alumina sent to the lease and approve the lineal descent. inal person who had an interest Aboriginal group to re-agitate refinery. agreement. The NLC’s position, based in the land and was potentially an unfavourable land council 2008 - Consultations and The lease by the Gumatj, on anthropological research, has affected by the agreement and decision before the Minister. negotiations begin for new Rirratjingu and Galpu clans fa- been that Yolngu clans, in par- the lease. Justice Kenny rejected all the lease. cilitates the disposal of red mud ticular the traditional Aboriginal Of those consultations, grounds of Dr Gondarra’s case, 2011 - On 26 May, Minister and other effluent from RTA’s owners as defined in the Land Justice Kenny said there was including the proposition that he Macklin approves new lease bauxite refinery at Gove. Rights Act, are organised on the “simply no evidence that Dr had been denied natural justice and royalties agreement. Dr Gondarra’s legal chal- basis of patrilineal descent. Gondarra and his group were or procedural fairness. 2013 - In March, legal lenge was heard over five days In court, Dr Gondarra did not told sufficiently what was challenge to Minister’s in March 2013 in the Federal not, in fact, challenge the NLC’s proposed”. Timeline of events approval heard in Federal Court at Melbourne before Jus- position, but Justice Kenny said “It was also apparent that Dr 1969 - Gove operation starts. Court, Melbourne. tice Susan Kenny. it was clear, from correspond- Gondarra and his group had am- 1972 - Bauxite mining 2014 - In February, court She dismissed the challenge ence between lawyers for Dr ple opportunity to present their begins: 900 employees, 600 dismisses legal challenge.

Land Rights News-Northern Edition is SuBSCRIBE published by Samuel Bush-Blanasi for the CONTENTS Land Rights News Northern Land Council. NEWS Projected publication dates: Concerns over haulage on Roper -NORTHERN EDITION April 2014, July 2014, October 2014, Highway -page 4 January 2015. CEO keen for the challenge-page 5 The Land Rights movement needs a Advertising national voice. Land Rights News- Customary law -pages 6-7 Classifieds: quarter-, half-, Northern Edition plays a vital role in this. How the NLC played a key role in full-page available (contact numbers below). Support the Land Rights movement and north-south rail link -page 8 Land Rights News-Northern Edition by Contributions There’s Red in them hills -page 10 Land Rights News-Northern Edition welcomes subscribing below: Will we again ignore history and news items and photos regarding Aboriginal fail on the Ord? -page 11 Name: people and Aboriginal organisations. Ranger conference -pages 12, 13 Deadlines For photographs and copy: 2 weeks before Study raises questions on home Address: publication; For advertising copy: 1 week ownership -page 15 before publication date. Jilkminggan’s new book -page 18 Contact the editorial team for more info at: Landcare awards for two Postcode: Land Rights News-Northern Edition community groups -page 20 GPO Box 1222 Phone: ( ) Darwin SPORT 2014 subscription fee: $30 a year. Northern Territory 0801 Gumatj in Hottest 7s -page 21 International: uS$50 airmail, Jake finds his feet in AFL -page 22 Subscriptions uS$35 surface Wadeye’s island home -page 23 GPO Box 1222, Darwin, NT, 0801. media@nlc. Nominate for marathon -page 23 Further donation: $ org.au; www.nlc.org.au Ph: (08) 8920 5100 Fax: (08) 8945 2615. Send your subscription to: DANCE Land Rights News-Northern Edition The moves that made him-page 24 GPO Box 1222, Darwin, NT, 0801. January 2014 - www.nlc.org.au NEWS Land Rights News-Northern Edition - 3 Taking a Legal hostilities end different approach in failure for ORIC THE Office of the Regis- ATTEMPTS by the Office of the Regis- Carey in December last year. Neither had trar of Indigenous Corpo- trar of Indigenous Corporations (ORIC) ever done any business for which it had been rations (ORIC) has taken to have legal sanctions imposed against established and Mr Carey followed the same an uncompromising and dozens of small Aboriginal corporations course as Ms Oliver, discharging them with- determined approach within the Northern Land Council’s juris- out conviction. The main director of one of in its failed attempts to diction have failed in court. the corporations was a 96-year old traditional achieve convictions for The NLC’s legal branch helped get the owner who lives on a small island. non-compliance against corporations out of trouble, but not before “It is fairly trivial this matter, because it is small corporations within ORIC and the Commonwealth Director of not like a tax matter where there is taxation the Northern Land Coun- Public Prosecutions expended considerable payment being avoided,” the Magistrate said. cil’s jurisdiction. investigative and legal resources pursuing In both cases before Mr Carey, ORIC had But, inexplicably, the them. served warning notices on solicitors who same ORIC has chosen a Two Northern Territory magistrates have no longer acted for the corporations, even much more sympathetic declined to record any convictions against though both solicitors had long before ad- approach in the way it the corporations, and resisted arguments to vised ORIC in writing that they had stopped deals with Aboriginal cor- subject them to a bond. being official representatives. porations overseen by the ORIC is a commonwealth statutory Mr Carey identified the problem for Central Land Council. authority which administers the unwieldy ORIC. “It is rather difficult for you [the ORIC has relaxed the Corporations (Aboriginal and Tories Strait prosecutor] to sit there now and say, ‘We rules it has previously Islander) Act (the CATSI Act). About 2500 want a conviction because they [the corpora- applied to 76 corporations ORIC’s 2012-13 Yearbook. Image: ORIC Indigenous corporations are registered under tions] didn’t comply, when all of our notices within the CLC’s bounda- the Act, and they’re required to submit an- ing obligations of the corporation.” In one went astray and our office, or ORIC’s office, ries. nual reports of differing complexity accord- case, a surviving director was in her late 70s, was informed of the correct situation and Instead of having to ing to their size. blind and living in care in Katherine. didn’t alter its records accordingly’.” hold an annual general The first round of prosecutions by ORIC, The NLC was in early negotiations Mr Carey said ORIC’s flawed record meeting and lodge a report against nine small corporations, was dealt with ORIC to assist corporations within its keeping was one of several factors he took each year, the corpora- with by Magistrate Sue Oliver in the Darwin domain comply with the CATSI Act, and to into account in refusing to enter convictions. tions will now be required Magistrates Court in June 2012. All nine head off prosecutions. The NLC gave assur- The very organisation that was attacking to do so only every three pleaded guilty to not having filed annual ances that the corporations, having realised small Aboriginal corporations of no com- years. reports for the financial year ending 20 June they were in default by not having filed mercial consequence for being late with A media release from 2010, but Ms Oliver dismissed the charges. returns, would become compliant; others, their paperwork itself had an out-of-date ORIC says the 76 corpora- Further, she did not accept, as the Common- having no reason at all to continue operating, data base. By way of another example, in tions undertake no activity wealth argued, that the corporations should would be deregistered. some of the matters dealt with by Magistrate other than to hold land, be subject to a bond requiring them to be “of But while those talks were in train, ORIC Oliver, ORIC was regularly forwarding cor- and have few changes in good behaviour.” was already on a course of prosecution. respondence to the NLC at its old address their corporate informa- Six of the corporations existed only to The NLC engaged Darwin barrister Mark at Casuarina, long after it had moved to its tion every year. hold title to small tracts of land; another two Johnson, who told Ms Oliver when the mat- Darwin CBD address in July 2007. That’s just the same existed to hold exploration licences which ters came to court: “What we didn’t find out Aside from the matters which did get to scenario that applied to have never been acted on. None of the eight was that whilst [NLC lawyer] Mr Gosford court, the NLC managed to convince the most of the small corpo- had ever traded, operated a bank account or and ORIC were in communications as to, Commonwealth Director of Prosecutions rations within the NLC’s employed anyone. The ninth corporation ‘Let’s get this done, let’s progress this in to abandon legal action against many other area which ORIC relent- oversaw the operation of the store at Ngukurr a constructive way,’ at the same time they small Aboriginal corporations. lessly took through the for a few years till the early 2000s, but has [ORIC] were sending off details and papers With the help of the NLC, all the corpora- courts without success and not been commercially active since then. to the Commonwealth DPP’s office to com- tions are now compliant with their obliga- at much expense. Magistrate Oliver also found that in most mence the prosecutions. tions under the CATSI Act. And ORIC, The NLC will be seek- of the cases, a large number of people listed “Now, one can draw one’s own conclu- which as a Commonwealth authority has ing a similar dispensation as directors of the corporations had passed sions as to the appropriateness of that.” obligations to behave as a model litigant, has from ORIC for the dozens away, “leaving only one or a small number of Another two corporations were charged spent a lot of taxpayers’ money but achieved of small Aboriginal corpo- quite elderly directors to carry on the report- before Deputy Chief Magistrate Michael nothing from its court actions. rations within its domain. Councils throw their support behind AAPA THE Executive members of the Sacred Sites Act. and our young people are learning said. “Only senior Aboriginal people Northern and Central Land Councils The combined Executive Councils about their obligations for sites protec- can properly discuss and determine have reiterated their full support of stated that the intellectual and cultural tion.” issues relating to sacred sites, and this the independent board of the Abo- property of Traditional Owners can only The group called on the Northern process must be maintained.” riginal Areas Protection Authority be protected by strong and independent Territory Government to abandon any Article 12:1 of the United Nations (AAPA) at an historic joint meeting Aboriginal-controlled agencies. plans to dismantle the AAPA Board and Declaration on the Rights Indigenous in Alice Springs in December. Northern Land Council Chair, commit to maintaining processes that Peoples says, in part: The joint Executive Councils Samuel Bush-Blanasi, said an inde- ensure independent Aboriginal agencies “Indigenous peoples have the right strongly endorse the current processes, pendent and strong AAPA is the key to control sacred site protection processes. to manifest, practice, develop and teach structures and functions of the AAPA maintaining integrity and transparency Chair of the Central Land Council, their spiritual and religious traditions, Board, in particular the independence of in the protection of sacred sites across Maurie Ryan, said the processes and customs and ceremonies; the right to the board and the nomination of mem- the Northern Territory. structure of AAPA must be maintained maintain, protect, and have access to bers by the Land Councils. “Songlines and dreamings criss- so that cultural integrity continues to their religious and cultural sites.” The Executives’ vote of confidence cross the NT and connect our people remain strong. The Executive Councils also encour- in the AAPA Board comes after the from north to south and vice versa,” Mr “From waterholes, hills, rocks and ages all members of the Legislative Northern Territory Government indi- Bush-Blanasi said. “We share a respon- rivers, and saltwater, sacred sites are the Assembly to support the institution that cated it was considering reforms to the sibility to ensure our sites are protected heart of our law and culture,” Mr Ryan protects our sacred sites. 4 - Land Rights News-Northern Edition NEWS www.nlc.org.au - January 2014 Concerns raised over haulage on Roper Hwy THE Northern Land Council has at 10-minute intervals. raised serious questions about the Fundamentally, the traffic manage- proposal by Sherwin Iron to truck ore ment plan does not consider options to from its Roper River mine, 120km east using the Roper Highway, especially of Mataranka, along the single-lane the option of a private, dedicated haul- Roper Highway. age road -- even though guidelines for The NLC’s concerns are contained in the EIS required consideration of that a submission responding to Sherwin’s alternative. Taking into account return draft Environmental Impact Statement journeys, Sherwin’s road trains will more (EIS), which includes of the company’s than double vehicle movements on the proposed traffic management plans. Roper Highway. Expanding current operations under There are eight single-lane bridge phase two of its mining plan, Sherwin crossings between the mine and the DISASTER: A semi-trailer and a four-wheel-drive collide on a single-lane bridge on plans to truck one million tonnes of iron Stuart Highway, and the NLC submission the Roper Highway last year. Thankfully, no-one was seriously injured. ore per year from its mine to Darwin’s notes that many of the crossings are not The submission says any plans that gin) rely solely on the Roper Highway East Arm wharf, a journey of 550km. designed to requisite safety standards. Sherwin and the Department of Trans- for access to the Stuart Highway and to Each day, quadruple road trains, “There is no discussion in the (Sher- port may have for improving the road or import supplies, including dangerous fuel capable of carting 90 tonnes of ore, will win) document about duplication of bridges should be made open for public loads. make about 38 journeys in convoys of up key sections of the road, or of danger- review. The NLC believes that Sherwin should to four from the mine to an interchange ous bridges, or of creating by-passes of It records that many Aboriginal com- consider building a pedestrian bridge near Mataranka. From there, single road particularly dangerous blind spots,” the munities (including large population cen- at Jilkminggin, especially for school trains will be dispatched along the Stuart submission says in part. tres at Ngukurr, Minyerri and Jilkming- children. Sherwin’s first load

BOUND FOR CHINA: The bulk carrier at Darwin Port carrying iron ore from the Gum Creek site last October.

NORTHERN Land Council has hailed the first shipment of iron ore by Sherwin Iron as a beneficial outcome for the local Indigenous people. Sherwin Iron has loaded a bulk sample of iron ore, extracted from its Gum Creek project site, on a ship bound for China. The ore recovered is pursuant to a bulk sample, i.e. a test run, authorised by the NT Government. TRADITIONAL Owners, with a repre- The bulk sample operation is covered sentative from the China-bound bulk by an agreement between Sherwin Iron carrier at Darwin Port in October. and the NLC. Traditional Owners who attended Darwin Port speak for the Gum Creek opportunities for Traditional Owners and mine site, which is located just off the their communities. Roper Highway, approximately 25km In November 2012, representatives HOLDING COURT: Traditional Owners speak to media at Darwin Port in October from the community of Urapunga. ahead of the first shipment of iron ore from country. from Sherwin Iron attended the NLC’s “Traditional Owners and Sherwin Iron Full Council Meeting where Full Council working together benefits us long-term,” opportunities for Indigenous people. Port, shows that there are significant resolved to enter into agreements with former chairman Wali Wunungmurra said “Everyone seems to be working iron ore deposits in the Roper region, Sherwin Iron to cover the two sites in October when the shipment departed. together and in this they have our full including the resources being developed identified for future mining -- one on “This partnership looks to provide support.” by Sherwin Iron and Western Desert land subject to native title claims and the jobs and generate further employment The first shipment, loaded at Darwin Resources, and significant employment other on Aboriginal land. January 2014 - www.nlc.org.au NEWS Land Rights News-Northern Edition - 5 Morrison is up for the challenge THE NLC’s new Chief Executive Mr Morrison still senses immense North Australian Indigenous Land Officer, Joe Morrison, was born problems in Katherine, many of them and Sea Management Alliance. Mr and raised in Katherine. His father, the direct result of poor public policy Morrison nurtured the development John, was of Torres Strait Islander and a lack of local engagement with of NAILSMA from a small unit with- and Scottish heritage; his mother, the whole community. “The problems in a large western science-focused Bernie Peckham, was a Dago- that many towns face are not just research institution, to the nationally man woman, also having Scottish Indigenous problems, they affect the recognised Aboriginal institution. ancestry. entire community,” he said. This extraordinary achievement, NLC CHAIRMAN: Samuel Bush-Blanasi. Mr Morrison has two brothers “We see the positive and negative requiring sheer courage, determina- and two sisters and, like he, all were effects of the (Federal Government’s) tion and leadership, has been accom- educated in Katherine. He recounts Intervention, but in particular the plished despite immense challenges. the quality of his education as having disengagement between Indigenous Mr Morrison has an ambitious Bush-Blanasi, Daly been “pretty average but adventurous, people and governments is a signifi- agenda for his new role as NLC filled with many colourful characters cant legacy of ‘top down’ policy CEO. He hopes to spend as much take to the Chairs and education back then occurred just SAMUEL BUSH-BLANASI is the new Chair- as fast outside the classroom as it did man of the Northern Land Council after win- in it”. ning the ballot at the 107th Full Council Meet- Mr Morrison’s mother spent most ing in Darwin last October. of her career working at the Kather- Mr Bush-Blanasi, 53, from Wugularr, as- ine hospital, where she worked for sumes the position as Chairman after serving as 29 years, largely assisting Aboriginal Deputy Chair. women that came from remote com- He won the position via ballot and becomes munities to settle into the hospital. the NLC’s seventh Chairman. She became a rather legendary figure Mr Bush-Blanasi said he would give every- there, as she would go out of her way thing he has got to the position. to assist those women who would “Thank you all for your vote and for having have something to look forward to the trust in me,” he told Full Council shortly during their time at the hospital. after learning the result of the ballot. Mr Morrison’s father worked in the “I will give it my best. animal production section of the NT “There is a lot to do and I will work hard to Primary Industries Department for 38 represent Traditional Owners across the seven years, travelling extensively around regions.” the Katherine district. These travels Mr Bush-Blanasi paid tribute to former NLC provided the perfect opportunity Chairman, Wali Wunungmurra. for the young Morrison to appreci- “I’d like to thank Wali for his hard work ate the country and its people and, over the past six years,” Mr Bush-Blanasi said. importantly, coming to terms with “His work and dedication was an example how Aboriginal people were treated, NLC CHIEF EXECUTIVE OFFICER: Joe Morrison. for us all.” particularly by the pastoral industry. The position of NLC Chairman is a three- At every opportunity, especially dur- approaches, such as the Intervention.” time as possible away from his desk year term, after which time the position goes to ing school holidays, young Joe would Joe Morrison’s first job after in Darwin to connect directly with a vote again. Mr Wunungmurra, 67, decided accompany his father on work trips to leaving school was at the NLC from the NLC’s constituency, reinvigorat- not to pursue a third term. distant cattle stations. 1992-94. He worked first at the old ing the importance of maintaining The position is voted on by each member of Mr Morrison remembers the mechanical workshop at Coconut control over the lands and waters that the Full Council from the NLC’s seven regions. Katherine of his childhood as a small Grove, moved into administration, Aboriginal people have fought hard A follow-up ballot was held for the vacant community, but rapidly growing to then at the NLC’s Registry Office. for and to work towards appropriate Deputy Chairman position, and that was won become a polarising town. Racism He then moved onto Greening economic development that creates by John Daly, from Daly River South. was heightened in the 1980s by fears Australia where he helped to establish lasting employment opportunities. about Aboriginal land rights, espe- the Aboriginal Landcare Education He has written and published many cially Aboriginal ownership of Nitmi- Program -- designing living areas on articles relating to Indigenous rights, luk (Katherine Gorge) National Park. Aboriginal communities. His task management of country, economic He recalls demonstrations by groups was to improve the environmental development and of northern devel- called ‘One Law, One Nation’ and health faced by all rural and remote opment. ‘Rights for Whites’. He recalls KKK- Indigenous communities across the “The NLC remains in a critical type cartoons posted in the streets. Top End of the Northern Territory. position to have a positive influence “I think the town and its people have In 1998, Mr Morrison began work in the public policy space and to de- learnt of lot from this period includ- with NT Parks and Wildlife as a land termine a strong future for Aboriginal ing the arrival of the Air force at the management facilitator, establish- people,” he said. Tindal Air Base,” he said. ing land and sea management ranger “Given the demography and grow- Mr Morrison grew up with a small groups in south-east Arnhem Land, ing economy of the Top End and group of mostly Aboriginal mates. the VRD and Barkly -- many of them northern Australia, there’s an enor- But suicide, drugs and alcohol have now under the management of the mous role to help shape a positive taken their toll on most of them. Of NLC, but many now independent. future, not only for Aboriginal people a close group of five, he’s now the While at Parks and Wildlife, Mr but for all Territorians through devel- last man alive. “That reminds me a Morrison completed a Bachelor in opment that meets the social, cultural, lot about the lessons of life and the Land Resource Management from the environmental and economic aspira- struggles that many poor people have University of Sydney, via correspond- tions of the residents of the north.” in many towns throughout north Aus- ence, graduating in 2002. Joe is married to Belinda and has tralia and my situation is not unique Two years later he became found- two daughters, 5 and 9, and a step- but it is unacceptable,” he said. ing chief executive officer of the daughter aged 13. NLC DEPUTY CHAIRMAN: John Daly. 6 - Land Rights News-Northern Edition NEWS www.nlc.org.au - January 2014 How Yolngu and Balanda law can work together REVEREND Doctor Djiniyini Gondarra OAM.

THE Northern Territory’s Chief Jus- CHIEF JUSTICE RILEY: returned to Ramingining, Mr Lawrence tice has enabled Aboriginal customary It’s not to do with the serious- called Reverend Doctor Djiniyini Gond- law to have a role in the punishment of ness of criminal behaviour, arra OAM as a witness. an Aboriginal couple convicted of drug which is acknowledged. It’s Dr Gondarra, a senior lawman (Djir- offences. to do with consequences that rikay/Dulkarra), told the Court that the The landmark case serves to recog- may have an impact upon sen- offenders would be immediately arrested nise the surviving reality and power of tence. What do you say about and taken to a “special Yolngu prison” Yolngu law and its potential to coexist that, Mr Ledek? where they would be protected and with mainstream legal systems. It also MR LEDEK: Your Honour, watched, isolated from each other, from puts paid to the myth that customary if it is purported that neces- their families and from the community. law cannot be taken into account when sarily a punishment that leads “This is a very serious thing and the Northern Territory courts sentence an to the rehabilitation that may community has expected that this has to Aboriginal person. include ostracisation from the happen,” Dr Gondarra said in evidence. In the NT Supreme Court in Decem- community and being seques- And, happen it did. ber 2012, Edwin Djambuy and his wife tered in a place where the The supervised isolation under Yolngu Sheraldine Yakayaka pleaded guilty community or the elders have law lasted for eight months, and Mr before Chief Justice Trevor Riley to deemed it appropriate for Djambuy’s rehabilitation was marked having unlawfully supplied a commer- them to serve out their time as during a Yolngu legal ceremony at Ram- cial quantity of cannabis to people in the the community punishment. ingining in September last year. Millingimbi community. And for your Honour to have The ceremony was attended by Chief Justice Riley held Mr Djambuy to take that into consideration defence barrister John B. Lawrence SC to have been more culpable and said he to either incorporate that as a and other members of the Darwin legal would have sentenced him to 16 months lessening of the sentence that profession. gaol; but, taking into account the guilty would be imposed because of “The proceedings were formal and plea, he imposed a 12-month gaol sen- the nature of the extra-curial clearly significant, not only in the large tence, suspended after 28 days. Ms Ya- punishment, would necessarily numbers attending but also in the palpa- kayaka would have received a 12-month offend the rule of your Honour ble aura attached to them,” Mr Lawrence sentence but for her guilty plea. Her making a decision... said. sentence was for eight months, but it was CHIEF JUSTICE RILEY: “Literally hundreds of young men immediately suspended. Sorry, where does it offend were dressed and painted appropriately. Mr Djambuy was placed on a sus- that? I wore my wig and Senior Counsel’s silk pended sentence for one year after his John B. Lawrence, Senior Counsel. MR LEDEK: Well, this would robes. 28-days in gaol. Usually, the court would But the outcome was initially opposed be in lessening the seriousness of “Djiniyini explained our presence and have made him subject to supervision by the DPP when the matter came before the criminal behaviour by way... what had happened -- which was secret by NT Corrections for the period of the the Supreme Court. CHIEF JUSTICE RILEY: It doesn’t and that was respected by the white suspended sentence. Crown prosecutor Steve Ledek lessen the seriousness of the criminal lawyers.” Remarkably, though, the judge did not attempted to argue that allowing the behaviour, it provides a consequence of Dr Gondarra reports that Mr Djam- regard that sort of supervision as “neces- defendants to be subject to a regime of the behaviour, which doesn’t make it less buy made excellent progress in terms of sary, or indeed appropriate”. Rather, he punishment under traditional law would serious but shows that they are being receiving teachings and discipline. He accepted submissions that the couple offend Section 16AA of the Common- dealt with or they have consequences. didn’t see his wife and son for several would be punished and supervised under wealth Crimes Act: “In determining the And, later: months, and was not allowed leave to at- Yolngu law. sentence to be passed, or the order to MR LEDEK: It’s lessening the serious- tend the funeral of his grandmother. The couple were “arrested” immedi- be made, in relation to any person for ness of the criminal behaviour because He’s now back in Milingimbi with his ately upon their return to their commu- an offence against a law of the North- the repercussions are out of your hands wife. Both have jobs and their child is nity and banished to an isolated “prison” ern Territory, a court must not take into because they’re being dealt with by attending school. under supervision of elders. account any form of customary law another party which makes -– should “He has changed as a person. He is Of Mr Djambuy, the Chief Justice or cultural practice as a reason for … make it -– less serious objectively in the remorseful and is now a positive role said: “I am told he will be under strict excusing, justifying, authorising, requir- Court’s eyes because of that extra-curial model for other young men. Djambuy’s supervision (under Yolngu law) within ing or lessening the seriousness of the punishment (under Yolngu law). case is a good example of two laws the community by community members criminal behaviour to which the offence working together,” Dr Gondarra said. for a significant period and that would relates …” Chief Justice Riley did not accept the “This is the first time in a long time seem to me to be an adequate response to Section 16AA is a carry-over from the Crown’s argument. that Balanda (European) and Yolngu any need for supervision in his circum- Commonwealth legislation (the North- John B. Lawrence, Senior Counsel, ar- laws have worked together like this. stances.” ern Territory Emergency Response Act) gued that the Court should accept a role "The lesson is in finding a common The outcome has recognised the ef- which allowed the Howard government’s for Yolngu law as part of the punishment. path to achieve a commonly desired ficacy of Yolngu law and saved the NT so-called Intervention into NT Aboriginal Neither offender had a prior criminal outcome -- increased community safety Government having to expend money communities in 2007. record and Mr Lawrence stressed their by making the law more relevant and and resources to supervise Mr Djam- A transcript of the Supreme Court pro- good prospects for rehabilitation. meaningful for Yolngu. Yolngu are not buy for the one year of his suspended ceedings records Mr Ledek’s objections To support his submissions, and to ex- asking for a separate system. This is sentence, which expired on January 17 to the extra option of punishment under plain to the Court how Yolngu law would about creating a dialogue between the this year. Yolngu law: come into force after the two accused two systems." January 2014 - www.nlc.org.au NEWS Land Rights News-Northern Edition - 7 A history of attacks on law NORTHERN Territory and Common- ryday life in many remote communities wealth governments have been whit- in the Northern Territory. While the level tling away at recognition of Aboriginal of moral culpability of an offender may customary law for many years. have been substantially reduced because In 2003, the first NT Labor govern- he or she acted in accordance with, or ment, led by Clare Martin, angered the under pressure to perform, a cultural then chairman of the Northern Land practice, the court is barred from taking Council, Galarrwuy Yunupingu, when those matters into account. it changed the law affecting promised “This means that the court must marriages. proceed to sentence in a partial factual Until then, Aboriginal men had been vacuum. In such a case the court is re- able to claim a defence under law to a quired to ignore the actual circumstances criminal charge of carnal knowledge of a that led to the offending,” Chief Justice girl under 16, providing the parties were Riley said. living as husband and wife according to The Northern Territory Emergency tribal custom. Response legislation and its impact on The law-change soured the relation- customary law was the Commonwealth’s ship between the Martin government and response to The Little Children Are its largely Labor-voting constituency Sacred report, the product of the NT in north-east Arnhem Land. “You don’t Government’s inquiry into child sexual throw your punches at people who put abuse in Aboriginal communities. you there, right,” Mr Yunupingu said at DESECRATION: Traditional owners inspect the toilet on a sacred site in 2007. The report was authored by Rex Wild the time. QC and Aboriginal health bureaucrat Pat And in 2004 the Northern Territory Anderson, who found that overall levels Labor government put restraints on how under traditional law, Chief Justice Mar- fence, from taking into consideration any of dysfunction were higher in Indigenous Aboriginal defendants could introduce tin pointed out that GJ was not required form of customary law or cultural prac- communities where traditional law had evidence of customary law. The Sen- under Aboriginal law to strike the victim tice to lessen (or aggravate) the serious- significantly broken down. tencing Act was amended so that the or to have sexual intercourse with her. ness of an offender’s criminal behaviour. Further, they argued that is more likely evidence had to be flagged in advance to “Your beliefs mean that your own The provision subsequently became that Indigenous people will respond posi- other parties and presented on oath or by moral culpability is less than those who an amendment to the Commonwealth tively to their own law and culture than affidavit. know that this type of thing is wrong,” Crimes Act, and still applied to only to laws imposed upon them. The case of Jackie Pascoe Jamilmira Chief Justice Martin told GJ. “Recognis- Northern Territory courts, because the had been a trigger for the government’s ing these beliefs and their effect upon Commonwealth can impose laws on its moves against the accommodation of your culpability is not to condone what territories. Other jurisdictions have not customary law. you did, but simply to recognise as a followed the 2006 COAG commitment Pascoe pleaded guilty in April 2002 to factor relevant to sentence the effects of to legislate similarly. unlawful intercourse with a female under your culture and your state of mind at the The Intervention legislation was to the age of 16 (his promised wife) and to time.” have unfortunate, though unintended, recklessly discharging a firearm. He was Chief Justice Martin’s sentencing consequences for the east Arnhem Land 49 at the time of the offence. provoked widespread outrage. community of Numbulwar where in 2007 Pascoe did not explicitly use the little- The Crown appealed and the North- a construction company dug a long-drop known defence of promised marriage, ern Territory Court of Criminal Appeal, toilet on a sacred site. but the way his case unravelled caused while it recognised mitigating factors The company pleaded guilty in the public and political concern. like GJ’s clean record and guilty plea, Darwin Magistrates Court to an offence In the Magistrates Court, Pascoe was imposed a sentence of three years and under the NT Aboriginal Sacred Sites sentenced to 13 months imprisonment, six months for the sexual offence, to be Act and was fined $500 (the maximum suspended after four months. He success- served cumulatively with the five month fine was $22,000.) No conviction was fully appealed that sentence. Northern sentence for the assault. The appeal court recorded. Territory Supreme Court judge John suspended the sentence after 18 months. The Aboriginal Areas Protection Gallop instead imposed a sentence of 24 No doubt with the Pascoe and GJ Authority finally took an appeal to the hours gaol, on the basis that more weight matters in the back of their mind, the Supreme Court in 2011, arguing that the should have been given to evidence that Council of Australian Governments Magistrate had failed to give sufficient JUSTICE RILEY: Official portrait. Pascoe was exercising conjugal rights (COAG) met in mid-2006 and reaffirmed weight to the damage to the site in the in accordance with Aboriginal custom. a commitment to the National Frame- eyes of its traditional custodians. As the Intervention rolled though NT On further appeal, the Northern Territory work on Indigenous Family Violence and But the Authority had to abandon that Aboriginal communities, the Yolngu Court of Appeal upped the sentence to 12 Child Protection. line of argument because the Interven- lawman and elder, Reverend Dr Djiniyini months, suspended after one month. COAG agreed that “no customary tion legislation stopped the court from Gondarra, made a passionate plea for Public disapproval of Justice Gallop’s law or cultural practice excuses, justi- looking at the effects of the damage recognition of traditional law. approach, and of a sentencing decision fies, authorises, requires or lessens the under customary law. Recognising this “Our traditional law is still here and by then Northern Territory Chief Justice seriousness of violence or sexual abuse.” perversity, the Commonwealth later it is keeping the peace on hundreds of Brian Martin (the second NT Chief Jus- All jurisdictions agreed that their laws amended the law so that it did not apply Aboriginal communities in the NT,” he tice by that name), in the notorious case would reflect this, if necessary by future to offences under the NT’s Sacred Sites wrote in November 2006. of “GJ” in 2005, set the scene for further amendment. or Heritage Conservation acts. “That is, it is not the NT or the Federal attacks by governments on the invocation The Commonwealth was the only But the law continues to be roundly government jurisdictional powers that are of customary law. government to hold to that commitment. criticised by legal, human rights and protecting our women and children and The “GJ” case, more than any other in In 2006 it amended its Crimes Act so Indigenous agencies. keeping the peace amongst many differ- recent history, gave weight to those push- that, in dealing with offenders of federal In June last year, Northern Territory ent clans and families; it is the traditional ing for constraints on how courts could legislation, courts were precluded from Chief Justice Trevor Riley wrote a paper Aboriginal law that is doing it and it is take account of customary law. considering customary law or cultural for a conference of criminal lawyers in costing the government nothing. GJ was in his mid-50s in 2004 when practice as a mitigating (or aggravating) Bali. The Commonwealth law was an “There needs to be a real dialogue he was sentenced to gaol for five months factor. example of the legislature imposing laws between these two systems of law so we for unlawful assault, and for 19 months Then came the Howard Government’s which require the courts to act in a way can move away from the colonial mud for sexual intercourse with a child under “Intervention” and enactment of the that may lead to injustice, he said. slinging and find some real answers to 16. The gaol terms were suspended Northern Territory National Emergency “It unnecessarily leads to the creation real problems. Of course, this will mean after one month by Chief Justice Martin. Response Act in August 2007. That law of further victims of the system. that there needs to be some true com- While he accepted that GJ believed his prohibited a court, when sentencing or “Customary law and cultural practices munication between these two systems actions were acceptable and justified making an order in relation to an NT of- are, of course, important aspects of eve- of law.” 8 - Land Rights News-Northern Edition NEWS www.nlc.org.au - January 2014 Gambling under the microscope THE social and health effects will inform counselling services, bling in commercial venues. of gambling and smoking on gambling policy and public edu- “Engagement with com- Aboriginal and Torres Strait cation campaigns.” mercial or capitalist gambling Island populations will be Another academic, Professor inevitably sees blacks lose and measured in a study by a sen- Jon Altman, has a different take commercial and state interests ior research fellow at the Men- on the effects of gambling in re- reap profits,” he said. zies School of Health Research. mote communities. He undertook Dr Stevens doesn’t disagree: Dr Matt Stevens has received fieldwork for his doctorate in the “The preference for pokies by a $300,000 grant to run the study Maningrida region in 1979-81 Indigenous people places them at over the next four years. and recorded the impact of gam- higher risk of gambling problems Dr Stevens said community bling there. due to the continuous nature of card gambling causes signifi- “The gambling I analysed in this form of gambling and given cant problems in remote com- the community is little changed it is the activity most associated munities, but there’s been little and is relatively benign, except with problem gambling.” research done. that officials and authorities hate Dr Stevens has found that “Harms associated with gam- it because it challenges state dis- Indigenous people reported bling affect the individual, their ciplining of Aboriginal subjects,” gambling problems at rates two family and the broader commu- he said. to three times higher than in the nity in which they live and in- “It can be fun and a means to general Australian population in clude financial hardship, criminal get small money bundled into non-remote locations, while rates activity, witnessing violence and useful amount.” for Indigenous people living in being verbally and physically What has changed in the remote locations were nearly 10 abused,” he said. years since Professor Altman’s times higher. “Findings from this research research is the incidence of gam- How the two Land Councils played a key role in rail link

NORTHERN Territory Chief Services (JACS) manager, Minister, Adam Giles, has David Ross, who joined the land praised the Northern and Central council in 2004, remembers the Land Councils for their part in project being completed. the final stages of the 3000km “It was a major project in Darwin to Adelaide railway line. terms of Indigenous employ- Mr Giles was speaking at the ment,” Mr Ross said. 10th anniversary celebrations “The NLC had a strategic of the completion of the Alice plan in place to make sure our Springs to Darwin line that links people would gain employment. Australia’s northernmost capital “The approach was to have city with Adelaide. people employed in key areas “I want to acknowledge the and all up there were up to 150 Northern Land Council and the Indigenous people working Central Land Council. Without on the railway, which crossed their co-operation, all this would several traditional lands. not have been possible,” Mr “The NLC played a key role Giles said. in providing employment for In- “They also helped ensure digenous people and, ultimately, there were substantial levels of in its completion.” Indigenous employment (in the JACS started in 2000 as a project).” pilot program under the Alice The line between Alice Springs to Darwin railway pro- Springs and Darwin was com- ject (JACS was originally called pleted 10 years ago. the Northern Land Council Em- The original idea for a Dar- ployment and Training Services win-Adelaide railway was first -- NETS). put forward in the mid-1800s. Among the jobs during the The construction phase of the construction phase was truck final 1500km link was a major driving and sleeper-factory employment driver for Indig- work, where the sleepers were enous people at both the NLC produced in Katherine and Ten- THE END OF THE LINE: Northern Land Council Executive Member, Bill Risk (left) with former NT Trans- and CLC. nant Creek. port Minister, Barry Coulter, at the 10th anniversary celebrations at Berrimah. The land councils played key Former Deputy Prime Minis- “Can you imagine the tralia.” NT Minister for Mines and En- roles in negotiating with the ter, Tim Fischer, a railway buff, Northern Territory without this Mr Ross was joined at the ergy, Willem Westra van Holthe, company on behalf of Tradition- said the line was a crucial addi- railway line? ceremony by NLC Executive former NT Chief Minister, Clare al Owners whose lands would tion to the country. “I don’t think Australia has Member, Bill Risk. Martin, former NT Transport come under the railway line’s “This railway line adds to the seen anything yet in terms of Other people of note at the Minister, Barry Coulter, and NT path. infrastructure fabric of this na- what this line can do for the ceremony were NT Deputy Commissioner of Police John The NLC’s Jobs and Careers tion,” he said. development of northern Aus- Chief Minister, Dave Tollner, McRoberts. January 2014 - www.nlc.org.au NEWS Land Rights News-Northern Edition - 9 Vince escapes after a close call with crocodile VINCE FULTON kept a cool his community in late October last beginning its death-roll, to immobi- head when the unthinkable hap- year. lise its prey. pened. Mr Fulton was in the water- With Mr Fulton’s thumb en- Mr Fulton had too close a call hole, about two hours’ drive from trenched in its eye, the animal soon with a crocodile at a waterhole near Minyerri, when the animal launched gave up and let go and took off in itself at him, gripped his hand and the muddy waters of the pool. tried to take him in. The incident could have been But quick thinking and instinct much worse as there were children LEFT: Vince Fulton sporting an in- saved him when he used his free in the waterhole, too. jured thumb in a sling after his close right hand to poke the beast in the But luck would have the croco- call with a crocodile, at Minyerri in eye. dile choose to have a go at a very November. It worked just as the croc was brave man in Vince Fulton. Salties no match for rangers REMOVING crocodiles hiding under- neath houses is just part of a larger role ranger groups play. That was the experience of the Garngi Ranger Group at Minjilang when a one- metre crocodile was found to be seeking shelter at the island community. That animal was the second to have wandered into Minjilang in recent months. The first was a 3.2 metre crocodile which walked into the community a few weeks ago around midnight, perhaps hoping to cruise through unnoticed. Instead, it came upon a group of kids playing basketball. It was worrying to the residents of Minjilang because the centre of town, where the croc was found, is at least 500 metres from the beach. According to local knowledge, this hasn’t happened before. Thankfully, the Garngi Ranger Group, consisting of Carl Hansen (co-ordinator), Captain Brown, and Lazarus Lamilami, were able to remove both reptiles both CAUGHT: The captured 3.2m crocodile on the back of a ute, ready to be transported away from Minjilang. INSET: Captain Brown without incident. and Carl Hansen. Both animals were humanely captured using a long pole and rope loop to secure the mouth. The police were present to ensure community members kept their distance. The crocs were then tied and trans- ported in the ranger vehicle to Palm Bay, which is about 20 minutes drive away from the community on the opposite side of the island, and released. The Garngi Ranger Group has been managed by the Northern Land Council since 2008. Its primary function is land manage- ment and cultural activity support. Land management by the Garngi Ranger group includes feral animal con- LAZARUS LAMILAMI: Garngi Ranger. ABOVE: The croc and rangers engaged in a stand-off before its capture. trol, capture and removal, weed control, beach patrols and ghost net removal, flo- ceremonial business and sorry time. significance. OUR stories here provide a sober- ra and fauna survey, and permit checks. The group ensures the island is not They regularly provide departments ing reminder of the need to remain The group, and their work, are overrun by feral animals (pigs) and such as AQIS, Ghostnets Australia and vigilant of saltwater crocodiles. If invaluable to their community. supplies their community with a constant Weeds NT with much-needed statistical you see or suspect a crocodile is They provide employment and supply of fresh meat. information. lurking close to a waterhole often opportunity for people who have good Also, as part of their work, the rangers - By JEN REDWAY used by people or other areas where land knowledge and enjoy being out on weed-treat the vulnerable floodplain, people gather do not approach it; country. an important hunting area, to control inform the rangers in your area or They support the community during Mimosa pigra, a weed of national other relevant authorities. 10 - Land Rights News-Northern Edition NEWS www.nlc.org.au - January 2014

MAIN: Traditional Owners Bobby Nungumajbarr (centre) with NT Chief Minister Adam Giles (left) and WDR’s Norm Gardner, at Bing Bong. TOP RIGHT: Graham Friday spoke at the ceremony. CEN- TRE RIGHT: Eric Mulholland performs traditional dance. RIGHT: Nancy McDinny spoke to assembled guests. There’s Red in them hills

WESTERN Desert Resources Minister Adam Giles and the (WDR) believes its operations mine’s operations managing at Roper Bar will generate director, Norm Gardner. “wealth and prosperity” for WDR operates the 100 per the people of the region in cent-owned Roper Bar Iron years to come. Ore Project, located in the Gulf WDR is an iron ore mining Country of the Northern Terri- company based in the Northern tory. Territory. Development of this project The organisation celebrated has been carried out over the the first shipment of iron ore past five years, with export from the port at Bing Bong, beginning last month. flying in Traditional Owners, Iron ore is shipped to China shareholders, guests, media from the port at Bing Bong and and members of Northern Land this takes around 15 days. Council (NLC), from Darwin. “WDR aims to be the leading Traditional Owners were on low-cost iron ore producer in Managing director of the opera- our product shall be known and RED GOLD: hand to welcome the assembled Northern Australia while gener- tions, Norm Gardner said of the marketed as ‘Roper Red’. On its way to China. party and take part in official ating wealth and prosperity for branding: “The name reflects the origin celebrations. the people of the Roper Region “Within the world of iron ore it of the ore, its association with Traditional Owner Bobby and other regions where we op- is important to identify a name for our community and of course its Nungumajbarr was presented erate,” it said in a statement. the unique product that occurs in distinctive colour.” with a golden shovel to use in WDR has developed a brand this place. The company said its Roper the first ceremonial loading of and symbol for its product -- “So, after much discussion and Red is anticipated to be “two iron ore alongside NT Chief Roper Red. thought, we have decided that thirds lump and one third fines”. January 2014 - www.nlc.org.au NEWS Land Rights News-Northern Edition - 11 Will we again ignore history and fail on the Ord? TAKE a fast flowing northern river per cent of the land under cultivation, commentary from the company suggests Native Title. What then is the view of the that runs enormous quantities of water and has supplanted melons, pumpkins, a 10-year period until production. Native Title holders, a group who retain to the sea every wet season and then chickpeas, bananas and so on. But we now get to the heart of the strong cultural links and association with breaks into pools during the dry; build So what happened in the past 50 years matter for the NT Government. their country? a dam to store the water for irrigation; to arrive at this sad point in the develop- Governments have an obligation to They are extremely concerned with subsidise farmers to settle and grow ment of the ‘great northern food bowl’? drive economic development for the the prospect of any development on the crops on the irrigated land; spend Cotton thrived between 1963 and 1974 common good but it has to be driven by Keep River Plain that would change the more than $1000 million of taxpayers’ but insect pests required millions of litres reality. It has to survive a rigorous cost country in any way. money over 60 years carrying out the of pesticides and when the government benefit analysis. It has to be sustainable, They hold a view that while much of above without ever conducting a truly removed price subsidies it collapsed. economically, environmentally, socially the country was under pastoral use for independent and rigorous cost benefit In 1975 farmers were paid an adequate and culturally, and must provide long- many years the cattle themselves did not analysis and then look at the result. living allowance provided they kept un- term secure employment and an eco- alter or damage the country. This is the Ord River Irrigation used land in clean fallow and a subsidy nomic return in the form of GDP for the A large irrigation project carving Scheme about to have even more money was paid for land under cotton in the jurisdiction. country into lots with deep and wide thrown at it by the Commonwealth, WA previous year. In the case of the Keep River Plain irrigation channels carrying water from and NT Governments, each the Ord would in their view of which well knows what a not just change their country, properly conducted cost ben- it would destroy the deep efit analysis would tell them. spiritual significance of the The Northern Myth of the country, its dreaming track great Northern Food Bowl -- and its sacred sites, thereby so termed by Bruce Davidson destroying their intimate con- as far back as 1965 -- re- nection to it. mains just that. As custodians of these He foretold in his book sites which run through the just why talk of a great north- Keep River Plain and the ern food bowl would never dreaming track which runs be realised. Despite 60 years away to the south they would of failure it is now undergo- fail in their lifelong com- ing a strong revival. mitment to care for their Years later Davidson again country, its sacred sites and said: “In retrospect, the most its dreaming track, if such a interesting aspect of the Ord development was to occur. River Irrigation Project is This failure to protect that anyone should at any country would impact on time have thought it would tribes and clans away to the be economically viable.” south who are connected He would be greatly dis- through the dreaming track turbed with the events of the that continues through their past couple of years with the country and it would be the Commonwealth, WA and NT native title holders of the Governments now seeking Keep River Plain who would to push the irrigation scheme CAPITAL WORKS: The Ord River dam near Kununurra in WA. Image: BILL PEACH JOURNEYS be held to account. across the border into the NT So just why would the for a Chinese company to grow sugar on Rice came and went for similar rea- area being given over to a Chinese NT Government entertain participation, the Keep River Plain. sons with magpie geese blackening the company to grow sugar, no benefits as given 60 years of consistent failure, to The Abbott government discussion sky and closing the airport, so thick were outlined above flow to the NT. develop a sustainable cropping industry paper on developing the North has as its the numbers. While the sugar would be planted, from this irrigation scheme? first dot point: “A food bowl including Sugar came and collapsed when pro- grown and harvested in the NT, each of Given there is no economic or social premium produce which could help to duction failed to meet anywhere near the these functions are heavily mechanised benefit occurring to the NT, given there double Australian agricultural output.” amount required to keep the mill viable requiring few workers. would be enormous social and cultural What then is the past and current state and the price collapsed. The cane would be transported to Ku- damage visited on the native title hold- of the Ord Irrigation Project? Buoyed by the potential of new va- nunurra for processing into sugar or bio- ers of the Keep River Plain, and given Gazing out of the plane on descent rieties in 2010 farmers planted the first fuel creating jobs in WA that would get that the NT Government has no money into Kununurra you are struck by the commercial rice crops in the region for the jobs incomes and the GDP increase. to contribute to the scheme, it is totally greenness of the country below and 30 years. For all this to occur many hundreds irresponsible for the NT Government to frustrated by the inability to determine After two promising years the fungal of millions of dollars need to be spent be even considering participating in this exactly what is being grown that appears disease rice blast was discovered, render- clearing land, building roads, creating project. from the air so lush and productive. ing the crops worthless. irrigation channels and preparing for The Northern Territory Government On the ground and a short drive north Similarly driven by strong global cultivation. needs to take a deep breath and under- from Kununurra to the Ivanhoe cross- prices, a number of farmers grew cotton What is the NT Government expected stand that not only is there no win in this ing on the Ord River and the greenery is last year but cold weather reduced yields to contribute to this project? project for the Territory, to give over the revealed as drab straggly Indian Sandal- by half and a wet picking season further That the NT Government is interested Keep River Plain for a project of dubious wood plantations, kilometre after kilo- reduced production. in participating in this project and hand- merit at best will cause great pain and metre -- it’s a tree that takes 14-20 years Neither rice nor cotton will be grown ing over the Keep River Plain is beyond create an enormous sense of loss for the to mature. And not a sign of anything again this year. doubt. native title holders which will never be edible. The Chinese interest in the region In November 2012 the project was healed. In fact the Ord now hosts the largest including the Keep River Plain in the granted Major Project Status, and over - By Syd Stirling, former Labor NT commercial Indian Sandalwood produc- NT is concentrated on sugar possibly $400,000 was allocated for the Ord De- Deputy Chief Minister, and tion in the world covering more than 60 for biofuel production, although recent velopment Unit to pursue settlement of former NLC senior policy officer 12 - Land Rights News-Northern Edition NEWS www.nlc.org.au - January 2014 Our ties ‘never stronger’ THE relationship between River Park Resort Senior Rang- in several productive ventures. coastal waters. facing fisheries is ghost nets. NT Fisheries and Northern ers & Ranger Coordinators Marine Ranger groups in the The marine rangers’ presence Ghost nets range in size and Land Council has never been Conference in November as one NT are supported by the NLC on the water helps in deterring weight and trap anything that stronger, according to Simon of several guest speakers. and the NT Government. illegal fishing activities and pro- crosses their path. They can Xureb of the NT Fisheries He spoke of the need to According to the Fisheries motes a culture of environmen- sometimes weigh up to 13 Department. undertake a strengthening of Department, the groups as- tal responsibility and commu- tonnes and need specialised Mr Xureb presented at the the partnership which sees both sist government in fisheries nity leadership, Mr Xureb said. craft to be removed. Northern Land Council’s Mary organisations combine resources monitoring and surveillance of One of the pressing issues • Continued next page January 2014 - www.nlc.org.au NEWS Land Rights News-Northern Edition - 13

2013 SENIOR RANGERS & RANGER COORDINATORS CONFERENCE: Those at the Mary River Park conference in November included the ranger groups and NLC staff. Conference call for rangers RANGERS are on the front- line in the care and manage- ment of land and sea and their work and experience is a valuable resource for their respective communities. This was borne out at the 2013 Senior Rangers & Ranger Coordinators Conference at Mary River Park in Novem- ber where representatives of the ranger groups, employed directly by the Northern Land Council, met over five days to discuss a range of issues relating to their work and operations. THE rangers at the conference The rangers heard from (and below). key NLC staff and various Northern Territory government be implemented,” she said. departments on policy, safety “The importance of hav- procedures on land and sea, ing rangers cannot be stressed fire management plans, fisher- enough. They are on the ies, permits, and training and frontline in managing weeds, compliance. feral animals, and are trainer- LADY RANGERS: From left to right Alice Nagy (former NLC Project Officer, Working on Country), Julie Several ranger groups also qualified. Roy (Yugul Mangi Ranger), Eva Nungumajbarr (Numbulwar Ranger), Edna Nelson (Yugul Mangi Ranger), “Land is back in the right made presentations on work Raelene Singh (Kenbi Ranger), Zoe Singh (Kenbi Ranger), and Jen Redway (NLC Project Officer, Working they have done and work to be on Country) at Mary River Park. hands now and there is a need to done in the future. manage it. Key discussions included NLC Land & Sea Management, said. “For example, at Mary “The conferences allow rang- “The rangers are just as im- the sharing of ideas to enhance said the annual conference gives River we produced two new ers to network, swap notes on portant to the NLC as a mining work already being done and stakeholders the chance to stay policies relating to quad bike weed management, fire manage- agreement, for example, plus the to be done, stronger awareness up-to-date on several fronts. operations and fire management. ment, and a host of other work employment opportunities for of support available for rangers “Part of it is to give us a Ms Yanner said the feedback they do. Traditional Owners and youth and an undertaking of continued chance to review the various at the conference was good, “It offers practical reviews of getting back on country, in support from the NLC. policies and procedures relat- with a balance of guest speakers work done and to be done and keeping cultural practices alive, Justine Yanner, Manager of ing to ranger work,” Ms Yanner and ranger presentations. whatever changes that need to and in keeping country healthy.” Our ties ‘never stronger’ • From previous page study by marine rangers in which Fisheries want to join with marine numbers of certain species are plum- rangers with support from the federal meting. Currently, there is a posses- government in the fight to eradicate sion limit of 30 fish per day for jewfish ghost nets. and snapper but fisheries, citing the “We want to provide more support ranger research, say this could be dra- for marine rangers,” Mr Xureb said. matically reduced. “The fight against ghost nets is The department wants the Fisher- becoming a big issue so the idea is to ies Act amended to “enable suitably join with rangers and to source federal qualified and experienced Marine funding to make it happen. Rangers to be provided with fisheries “We are open to an invitation from compliance and enforcement powers”. the NLC to do this.” The plan is for marine rangers to Fisheries is also concerned with fish progress to become fully qualified stocks. Mr Xureb quoted a two-year Fisheries Officers. 14 - Land Rights News-Northern Edition NEWS www.nlc.org.au - January 2014 Memory of Mr Roberts’ life lives on in tribute

A SPECIAL tribute to Mr Roberts, a respected ceremonial leader and law man in the Bor- roloola/Roper River region, was delivered at a special sitting of the Federal Court at Minyerri in late October. The court convened at Minyerri to make Native ABOVE: NLC Chairman Samuel Bush-Blanasi (fourth from left) with NLC staff members (from left) Shawn Stokes, Title determinations over the Tanumbirini and David Dowd, Wayne D’Ambrosio, Tahnee Mawson, Troy D’Ambrosio, Jo-Ann Christophersen, Kane Vellar, Jonathan Broadmere pastoral leases. McLeod and Don Couzens with the new fleet of vehicles at Winnellie. BELOW: The new vehicles. Northern Land Council lawyer Tamara Cole specially thanked Mr Roberts for his help in the preparation of anthropological evidence to support the Native Title claims. Sadly, Mr Roberts passed away in August 2013. Troopies, bus Here’s Ms Cole’s tribute to Mr Roberts: “Mr Roberts was born in 1925 in the bush at a billabong called Wurrungurra near the Roper River Mission. After but a few years of primary school- ing in a bough shed, Mr Roberts left the mission on foot with his parents to find work on St Vidg- added to NLC fleet eons station. “This was the beginning of his life as a stock- THE Commercial and Communi- cles at the Winnellie workshop in priately equipped vehicles, which man which included work on Nutwood Downs, ty Projects Development Branch November. includes forward facing seat conver- Old Macarthur River, Top Springs, Anthony La- of the NLC unveiled several new Funding from the Aboriginals sions and seat belts to undertake goon, Cresswell Downs, Alexandra Downs, Clif- vehicles as part of an on-going Benefit Account for 2012-13 has remote work activities. fley, St Anne’s, Newcastle Waters, Tanumbirini, fleet replacement program that enabled the NLC to start this pro- And a new 18-seater 4WD Isuzu Bauhinia Downs, Nathan River, Balabarini, Kiana, aims to improve work, health and gram. bus will assist the NLC in safely Gallipoli and Mallapunya stations. safety standards. Importantly, the six new Toyota and efficiently transporting constitu- “Mr Roberts retired to Hodgson Downs in 1987 Chairman Samuel Bush-Blanasi troop carriers will ensure the NLC ents between meetings, consulta- to allow his grandchildren to go to school. was on hand to inspect the vehi- is able to provide staff with appro- tions and official engagements. “He enjoyed spending time at outstations on Cox River and Tanumbirini, and camping and hunting at Horse Creek, Potato Tin Hole and Labanga. “Mr Roberts was eminent in his cultural knowl- edge of Alawa ceremony and country encompass- ing large portions of the Hodgson River and Cox River Land Trusts and the Hodgson River, Nut- wood Downs, St Vidgeons and Vermelha pastoral leases. “He was also the senior living authority on the Aboriginal cultural topography of Broadmere, Tanumbirini, Kalala and Maryfield pastoral leases in which he held secondary rights and interests. “He spoke multiple languages including Alawa, Mara, Kurdangi, Binbinga, Jingili, Wambaya, Yanula, English and Kriol. “Mr Roberts was committed to the continuation of ceremony and Aboriginal Law, and remained active in ceremony until shortly before his passing. “In his lifetime, Mr Roberts made an immeas- urable contribution to the land rights movement through his participation in multiple land claims, native title claims and the recording of sacred sites. “At all times Mr Roberts brought a high level of cultural integrity and authority to his work. “Additionally, Mr Roberts was a great teacher who worked tirelessly to instruct others in matters of Aboriginal law and custom. “Mr Roberts’ countrymen and all those who were fortunate enough to work with him are in- debted to him and will miss him deeply.” January 2014 - www.nlc.org.au NEWS Land Rights News-Northern Edition - 15 Study raises questions on home ownership THE benefits of a Common- ongoing rent. As he’s written, this was not wealth Government program In the latest edition of the In- for lack of trying. As part of the to encourage home ownership digenous Law Bulletin, Dr Terrill program the Government built 49 on Indigenous lands have been recalls the context of the debate houses for sale to Aboriginal resi- called into question by an aca- several years ago about the intro- dents -- 10 each in the outstations demic study. duction of home ownership in com- of Wudapulli and Nama, near Wad- Dr Leon Terrill, a lecturer in the munities on Aboriginal land: eye, and 29 in the community of University of New South Wales “A great deal of emphasis was Wurrumiyanga (Nguiu) on Bathurst Law School, says there’s been lim- placed on the role of communal Island (depicted below). ited enthusiasm for the Home Own- land ownership in preventing home By July 2010 only three of these ership on Indigenous Land (HOIL) ownership and people with con- 49 houses had been sold (to Wur- Program; and those few who have cerns about its introduction were rumiyanga residents) under the accessed the program have had to characterised as ideologues and HOIL Program. Another 45 were

WALI WUNUNGMURRA WURRUMIYANGA (Nguiu) on Bathurst Island. Source: GOOGLE MAPS Wali hopes leadership legacy lives on

YOLNGU leader Wali Wunungmurra departs the position of Chairman of the Northern Land Council, confident the organisation is well-placed to continue its work with Traditional Owners and Indigenous communities across the Top End of the Northern Territory. After months of consideration, Mr Wunungmur- ra, 67, has ended his six-year term as chair of the NLC last October. Mr Wunungmurra is one of the original signato- ries of the 1963 bark petitions that were presented to the Commonwealth government in protest to mining taking place on his people’s land. He joined the NLC as chairman in 2007. Mr Wunungmurra thanked the NLC Executive for its work in his time at the organisation. “My strong point was that I always thought that to be a true leader, now and in the future, was to be a democratic leader as opposed to an authoritarian one; that was always my intention as chairman, I take out onerous mortgages. naysayers. That was not helpful, as transferred to the Northern Territory was always on strong on this,” he said. Dr Terrill is especially concerned there are a number of real barriers Government’s public housing stock. “Working for the NLC, it impressed upon me the about the prices of new houses on to the introduction of home owner- Dr Terrill puts the lack of buyers’ need to sit down together and work things out like Aboriginal land in the NT. ship and those barriers need to be interest down to the relatively high that. Working for people and with people, and to “Aboriginal residents buying discussed and worked through.” price of the houses. listen to the people’s voice, that’s the sort of leader- new houses have been required to The HOIL program incentives He searched NT Land Titles ship I like to think I showed. take on an average mortgage of (apart from NT Government contri- Office records to determine the Mr Wunungmurra said key to good leadership $250,000. The concern is that this butions such as the first home-own- amount of each registered mort- was the ability to bring people together united for is well above what markets in a er grant and stamp duty) include: gage for the 16 home ownership a common cause. He said the most pleasing aspect remote community can support,” a matched savings grant of up to subleases at Wurrumiyanga. Half of of his time in the position of chairman of the NLC he says. $1000 to assist with meeting the the properties were existing social was the inclusive nature of consultations with key The Government created the minimum deposit of $2000; a good housing stock (average mortgage, stakeholders. HOIL program in 2006. It’s been renter’s discount of 20 per cent of $108,985); the other eight were “Bringing people together and shaping our future jointly administered by the Depart- the purchase price, to a maximum government or self-managed together in a proper manner is too important to ment of Families, Housing, Com- of $50,000; loan co-payments of up construction (average mortgage, mess up,” Mr Wunungmurra said. munity Services and Indigenous to $25,000 over the first 10 years $249,601). “I can say that everything we achieved had a Affairs, and Indigenous Business of the loan; a grant up to $13,000 Dr Terrill asks whether these lot to do with the fact we were there all the time. Australia. It was meant to comple- to assist with up front-costs; and a mortgages are fair or viable in re- We would go out to the communities, engage with ment the Government’s land tenure reduced interest rate. mote Aboriginal communities, and Traditional Owners and community leaders. That reform program, in particular the The HOIL program’s budget suggests that the prices in Warrumi- continuous communication, keeping those lines open introduction of township leas- was enough to provide 460 loans in yanga have been set too high. and being prepared to do what is asked of us, is ing. Leases by the Government of eight communities across Australia He argues that sale prices “in- vitally important. townships on Aboriginal land are during its first four years (2006- hibit the development of sustain- Mr Wunungmurra wished his successor all the then meant to enable home owner- 2010). But Dr Terrill has calcu- able home ownership markets and best in their term as chair of the NLC. ship subleases, which are long-term lated that only 17 loans have been put purchasers at risk of significant For his part, he will spend the majority of his and transferrable and not subject to granted, all on the Tiwi Islands. financial loss.” time at Barraratjpi outstation and Yirrkala. 16 - Land Rights News-Northern Edition NEWS www.nlc.org.au - January 2014 Praise for all parties in Native Title process

THE Federal Court, sitting at Minyerri, has made Native Title determinations over the Tanumbirini and Broadmere pastoral leases. Together, the properties extend over more than 7600 square kilometres. Justice John Mansfield told the native title claimants who attended the hearing that it was a credit to them and to the Northern Territory that they had been able to reach agreement. He acknowledged the extensive assistance of the Northern Land Council, particularly the work of NLC lawyer Tamara Cole. In turn, Ms Cole acknowledged the huge team effort by the NLC’s anthropology and legal branches IN FOCUS: ABC Katherine filmed the proceedings at Mataranka and later aired their report on the Territory-wide ABC News later on in and regional offices. the week. Channel 9 filmed their report at Minyerri and later televised theirs on their news channel, also. She particularly thanked anthropologist Stephen Bennetts who anchored the connection reports which informed the determinations made by the court. She also mentioned the efforts of Ben Gotch, Alex Gibson and Don Spotlight on Minyerri, Couzens. Justice Mansfield also congratulated the Northern Territory government for its efficient processes in agreeing to recognise the traditional rights of Mataranka the Aboriginal peoples of the area. NATIVE Title has been determined “Unlike the rest of Australia, the over more 11,000 square kilometres Northern Territory government of land covered by 16 pastoral leases has generally been prepared south-west of Mataranka. to accept the anthropological The determinations were made by evidence presented by the Northern Justice John Mansfield at a special sitting Land Council to support claims of the Federal Court on October 29 at the such as the present as the basis Territory Manor at Mataranka. for accepting the recognition of The 16 pastoral claims were among traditional rights and interests.” the first to be determined under a new, He also recognised the support of short-form approach, and the process was pastoralists for their “sensible and specially praised by Justice Mansfield. fair approach.” “It is a credit to the Aboriginal people whose interests are being recognised … and to the Northern Territory (Government) that you have been able to reach agreement,” Justice Mansfield told the group of claimants who had gathered at the ceremony to receive copies of the determinations. Traditional Owners at Mataranka listen to the proceedings. NLC Acting CEO Robert “It is a very responsible role the Graham, and NLC Deputy Chair Samuel Bush-Blanasi were there, too. Northern Territory has. It has been provided with anthropological evidence officers, especially the NLC lawyer of the pastoral claim areas, the region and as well as the evidence of some of the Tamara Cole, to bring the determinations its peoples.” Aboriginal people of the area from the to a head. Ms Cole also mentioned the work of Northern Land Council. Ms Cole told the Court of the “huge Ben Gotch, Alex Gibson, Sue Meaghan “Unlike the rest of Australia, the team effort” by the NLC’s anthropology and Simon Watkinson, and Don Couzens. Northern Territory Government has and legal branches and regional offices. The pastoral leases subject to generally been prepared to accept the She paid special tribute to John determination are: Nenen, Providence, anthropological evidence presented by the Laurence, the NLC’s regional Sunday Creek, Tarlee, Western Creek, NLC to support claims such as the present anthropologist for the Victoria River Bloodwood Downs, Birdum Creek, as the basis for accepting the recognition District, who authored all 16 of the Avago, Dry River, Cow Creek, Middle of traditional rights and interests,” Justice connection reports which informed the Creek, Margaret Downs, Larrizona, Mansfield said. determinations. Lakefield, Gorrie and Wyworrie. Traditional Owner Shirley John He singled out the hard work of NLC “We are indebted to John’s knowledge with Justice Mansfield at Minyerri. January 2014 - www.nlc.org.au NEWS Land Rights News-Northern Edition - 17 NT efficient on title rights NATIVE Title consent determinations made by the Federal Court during special sittings at Mataranka and Minyerri in late October are evidence that the Northern Territory is moving much quicker than the rest of the country in settling Native Title claims over pastoral leases. The existence of Native Title over Northern Territory pastoral leases was first settled in September 2007 in a decision known as King v Northern Territory of Australia. Justice Michael Moore of the Federal Court determined then that Native Title existed over the Newcastle Waters and Murranji pastoral leases, and the town of Newcastle Waters. RIGHTS TO NATIVE TITLE: Traditional Owners at the Native Title Consent Determination ceremony Minyerri, with Justice Mansfield. Justice Moore said that much of the land in the Northern Ter- ritory now used by cattle sta- behalf of Aboriginal people had Territory and Commonwealth That requires the parties tions may have been used for applied for traditional rights governments, the Northern to furnish the Court with other purposes by Aboriginal to be recognised as soon as an Territory Cattlemen’s anthropological evidence people for thousands of years exploration licence was sought. Association and the Northern supporting the claimants’ through to the present. “That led to a great many Land Council came together connection to the relevant On Newcastle Waters and claims over small areas and under the auspices of the pastoral lease, and evidence of Murranji stations, he said it was odd-shaped areas, which were Federal Court to explore options public works and improvements mostly conceded that this use fixed by the area of the proposed to resolve the Native Title status on the lease. of the land by the Native Title exploration licence. of nearly 100 Top End pastoral In the Native Title matters claimants and their forebears ”It was difficult to progress leases. At that time claims were settled at Mataranka (across 16 was in accordance with tradi- so many claims over small taking upwards of five years to pastoral leases south-west of the tional laws and customs. areas. So, those claims were determine. town), anthropological research Justice Moore’s decision laid consolidated into 13 groups of Before the Federal Court began in July 2011. the basis for the determinations claims, and are being dealt with at Mataranka, NLC lawyer Ms Cole told the court that made by Justice John Mansfield progressively. Tamara Cole said that timeframe it had therefore taken two years at Mataranka and Minyerri. “That is with the agreement meant “it was likely some to resolve the 16 claims - less Before a gathering of Native of the pastoralists, as well as of the existing claims would than half the time it had taken to Title claimants at Minyerri, the Aboriginal people through outlive most living claimants, settle earlier claims. Justice Mansfield asked why the NLC, and of course with party representatives and court Justice Mansfield said he was it had taken so long to settle the support of the Northern officers”. confident that the Native Title claims after the Native Title Act Territory (government).” In 2010 the parties agreed to orders had been achieved with was passed in 1993, following That agreement and support resolve all outstanding pastoral justice under the Native Title the Mabo cases. began in late 2009, when claims on the basis of a “short- Act, “as quickly, inexpensively At first, he said, the NLC on lawyers for the Northern form” process. and efficiently as possible.” JUSTICE MANSFIELD

LEFT: Traditional Owner Smiler Larrgut at the Mataranka Native Title Consent Determination ceremony. ABOVE: (from left) Kevin Moroney, Daphne Moroney, Alan Moroney and Sylvia Birdum at Mataranka. 18 - Land Rights News-Northern Edition NEWS www.nlc.org.au - January 2014 TOs attend economic forum in Alice Springs TRADITIONAL Owners Darryl Tambling and Valarie Tambling, from the southern area of Mary River National Park, attended the sixth Indigenous Economic Forum in Alice Springs last October as delegates of the Northern Land Council. The pair were joined by NLC staff members Robert Dalton and Pam Wickham. The forum provided opportunities for people to come together from a diverse range of industry and backgrounds to network and talk about how best to promote services and programs, share knowledge and experiences, and explore opportunities (including business partnerships) to achieve sustainable economic outcomes for Indigenous Territorians. The theme of this year’s forum in Alice Springs was “Taking Care of Business”. These forums are held every two years, the first of which was in 2003. It is largely “targeted at Indigenous and non-Indigenous stakeholders in economic development and those who have an impact on the emerging Indigenous business landscape”. Both Darryl and Valarie described the event as “a great way to learn about business for our people back home”. “That forum was very powerful message, empowering,” Darryl said. “I really got a lot out of it. A good experience. Things like this are valuable for families starting off.” “It was very good that I went along, inspirational New book from knowledge,” Valarie said. “A lot of new ideas and advice. Good for others Jilkminggan who starting off too; very valuable.”

A NEW book produced by the ous portions of the map depict- from concept to end product and Jilkminggan community helps ing what the photo shows. the community is happy with the readers to understand country Just 20 were produced in the outcome. in a unique way. first run of the attractive bound There are plans for another The book, called Mangar- volume. print run of the book in the near rayi Country, explores country The photographs were taken future. ABOVE: Darryl Tambling (TO), Robbie Dalton (NLC), around the Roper Region of the by Simon Normand from Mel- A copy of the book was pre- Valarie Dalton (TO), and Pam Wickham (NLC) in Alice NT. bourne. Simon had previously sented to the Northern Land Springs in October. BELOW: Djawa Yunupingu (left), Its uniqueness comes from a worked as a teacher at Ngukurr, Council by Jilkminggan com- NLC Full Council Member and Gumatj Corporation 6-metre long map that depicts hence his involvement in the munity members Kerry Rob- representative, and Samuel Bush-Blanasi, NLC Deputy various parts of the region, book. erts, Charles Morgan, and Ian Chair, in Alice Springs at the forum in October. including waterholes, plants and It’s the first project of its kind Rowbottom, from Katherine, trees and the various wildlife for the community and was part who has spent the past 20 years and reptiles. of its ranger program. working out on the community. Alongside the photos are vari- It took three-and-a-half years

NEW BOOK: Charles Morgan (centre), from Jilkminggan, holds the new Mangarrayi Country book. To his left is Kerry Roberts, also from Jilkminggan, and to his right is Ian Rowbottom from Katherine. January 2014 - www.nlc.org.au NEWS Land Rights News-Northern Edition - 19

LEFT: East Journey band members in the recording studio at Nhulunbuy (from left) Gathapura Mununggurr, mentor Buruka Tau from Yothu Yindi, Marcus Marawili, Rrawun Maymuru, Arian Pearson and Kevin Yunupingu.

BELOW: Kevin Yunupingu and Rrawun Maymuru with vocal coach Shellie Morris.

Images: Matt Garrick, Arafura Times

The Journey continues THE past and the future of opportunities to young bands East Arnhem Land music like us, and I’m so grateful to came together in recently, for learn from these musicians – it’s a recording session in Nhu- very exciting.” lunbuy’s ARDS/Yolngu Radio Rrawun said it was all part of studios. EJ’s musical quest in following The past was represented the footsteps of Yothu Yindi, by members of legendary and in trying to break into the rock group Yothu Yindi, and mainstream market. the future by rising stars, East “People have to believe in Journey. themselves – they have to find Gluing the team together was the key inside them, and if they NT Australian of the Year for use the key properly they’ll 2013, singer-songwriter Shellie open the path to the main- Morris. stream,” he said. Multi-talented Yothu Yindi Ms Morris said during their members Ben Hakalitz and Bu- time in the studio, as well as ruka Tau, along with Ms Morris, laying down a new track, Bright also mentored the boys from Lights, Big City, the group also EJ, giving them advice from workshopped things like com- their long careers in the music mitment, teamwork, leadership industry. and discipline. EJ singer Rrawun Maymuru, “We were encouraging East ABOVE: East Journey’s Arian Pearson and PJ White take time out in the recording studio. who has this year fronted stages Journey that their foundation of RIGHT: Ngalkanbuy Mununggurr on stage. across Australia, including in Yolngu culture is something that Images: Matt Garrick, Arafura Times Broome, Sydney, and at the they should always keep strong, 50th Anniversary of the Bark as they carry on the legacy and Petitions in Yirrkala, said work- vision of Dr Yunupingu,” she lease in April 2014. ing with the musicians was a said. • Yolngu Radio studios are privilege. Mr Tau, Mr Hakalitz and currently open for business, so “I think this type of thing is Yothu Yindi bassist Stu Kella- anyone looking for some studio what we’ll be doing in the future way will continue to work time can contact Studio Coordi- – teaching the younger ones closely with East Journey and nator Ava Dub (0439 432 913). coming up,” he said. their manager Susan Sandery, - By Matt Garrick, “This mentoring gives great with the new track due for re- Arafura Times 20 - Land Rights News-Northern Edition NEWS www.nlc.org.au - January 2014

COASTCARE AWARD WINNERS: Dr Shane Norrish, Landcare Australia Ltd (left) presents the Crocodile Islands Ranger team with their award (from left) Leonard Bowaynu, Samuel Wumulul, Fabian Gaykamangu and Simone McMonigal. Landcare awards due reward for hard work THE Roper River Landcare Group Inc management which will have positive The rangers were congratulated for “In particular, the NT NRM awards and Mangarrayi Land Management flow on effects to the wider community their junior rangers school program, have a strong Indigenous focus around Rangers have been recognised for their and two-way land management in the Milingimbi beach clean-up and turtle areas of management including Indige- hard work by Landcare in November. region for the future to come,” the judges sanctuary. nous ecological knowledge and the work The organisation’s outstanding work remarked. The various winners range from that Indigenous ranger groups do,” Ms on Mangarrayi Lands, east of Mataranka, Accepting the award on the night long-term conservationists, Indigenous May said. saw them take out the Indigenous Land was Roper River Landcare Group and rangers, dedicated pastoralists and local “The NT NRM awards have been Management Award at the NT Landcare Mangarrayi Land Management Rangers school children. introduced to recognise the remarkable Awards in Darwin last November. Charles Morgan and Kenny Roberts with The NT Natural Resource Manage- work undertaken by Territorians to man- Special appreciation in this field was facilitator Ian Rowbottom. ment Awards complement the NT Land- age our environment. given to the Mangarrayi Land Manage- Crocodile Islands Rangers won Land- care Awards, which are in their 23rd year, “Many men and women work very ment Ranger project which started the care’s Coastcare award for their work in and celebrate the efforts of Territorians hard to ensure that our environment is collection of important information Arnhem Land. of every age who look after the land, soil, well looked after and the diversity of this that was recorded into a book and maps Their work includes addressing the water, plants and animals across the NT. work reflects our landscape. drawn to show songlines and has the causes of the environmental issues Territory Natural Resource Manage- “Territory Natural Resource Manage- approval of Traditional Elders and the through behaviour change, strong com- ment executive officer Karen May said ment is very proud to host these awards Northern Land Council. munity engagement, partnerships, role the awards recognise the diverse range of and offer a token of appreciation to these “This stand-out project demonstrates modelling and whole-of-community activities and the local people involved in groups and individuals for their wonder- a strong example of Indigenous land ownership of the project. managing the natural environment. ful efforts.”

INDIGENOUS LAND MANAGEMENT AWARD WINNERS: Dr Shane Norrish, Land- care Australia (left) presents RRLCG & Mangarrayi Land Management team Charles Morgan (ranger), Ian Rowbottom (facilitator) and Kerry Roberts (ranger) with their WINNERS: Rosemary Sullivan, Chair of the Roper River Landcare Group and the Man- award. garrayi Land Management Rangers Kerry Roberts and Charles Morgan. January 2014 - www.nlc.org.au SPORT Land Rights News-Northern Edition - 21

ABOVE: Gumatj Cavaliers at the Hottest 7s rugby union tournament in Darwin. FAR LEFT: The Cava- liers post-match. LEFT: Gumatj players get ready to do bat- tle on the field. Gumatj in Hottest 7s FOR a side that only got to train Supported by primary sponsor Gumatj Their presence in the final was the first alongside Gabirri Yunupingu, Leon together for the first time at the 11th Corporation, and McMahons Services by a local side in the annual tournament Rotumah, George Morseu and a number hour, the Gumatj Cavaliers’ runner-up and InTract, the Cavaliers pushed the in years. of Fijian players. finish at the Darwin Hottest 7s rugby fancied and semi-professional side Hong The Cavaliers players included former The team was co-managed by former union tournament was a pretty im- Kong in the final of the senior division, AFL footballer (Geelong, Western Bull- AFL great, Andrew McLeod, and his pressive result. only to fall late in the second half 28-12. dogs) Nathan Djerkurra, from Yirrkala, brother, Jonathan, .

Our Boomerangs back after trip to NZ FOUR Northern Territory teenagers got to play international football in December as part of the AFL’s Boomerangs program. Jordy Jeffrey (Palmerston Magpies, NTFL) (left), Kieran Martin (South Alice Springs, CAFL), Jamie Hampton (Pioneers, CAFL) (at right) and Keenan Waterbury (Big River Hawks-Katherine, NTFL) were part of the squad that played against New Zea- land in New Zealand. The tour is part of the AFL’s Indigenous Program that also includes a national under-15s carnival, and two teams in the national under-16s carnival; both of those tournament are held each year. IMAGES: AFL PHOTOS 22 - Land Rights News-Northern Edition SPORT www.nlc.org.au - January 2014 Jake finds his feet in the AFL IS the ‘second-year blues’ a the traits which real thing? he would make In sport, it is defined as a his trademark competitor having a breakout throughout the debut season only to barely be rest of the year: able to match those heights in flashy and ex- their second season, only to citing bursts of steadily make their way back speed combined to the high standards set in with a brutal their first year in subsequent tackle for a man years. of his size. Not We will know how our very to mention his own Jake Neade fares on that lethal boot. front when the 2014 AFL sea- “And he tore son gets underway in March. up the track and Neade, 19, from Elliott, will rallied the faith- suit up for his second season ful in the outer in the AFL with Port Ad- in the Power’s elaide this year. He was a raw early season 17-year-old when the Power wins. swooped in the 2012 trade “Few would period, acquiring the teenager forget that from GWS Giants. incredible Here’s how the club de- run down the POWERFUL: Jake Neade. Image: AFL PHOTOS scribed Neade’s first season eastern wing of at Alberton: “(Jake Neade) Football Park of what goals to reach in 2014. arrived at Port with few ex- against West Coast in Round In October, Neade made his- pectations as a slight-of-frame 5.” tory by being part of the first youngster with a little experi- Indeed, Neade was a revela- all-Indigenous football side to ence in the cut and thrust of tion at a club that had man- play Ireland, in Ireland, in the elite under 18 football. aged just five wins in 2012 but International Rules series. “But many would recall which would match those same Despite Australia’s 0-2 drub- COUNTRY: Jake Neade at his burst onto the scene early numbers of wins in 2013 in the bing at the hands of the Irish, training for the all-Indigenous in the 2013 campaign -- in first five rounds of the season. Neade played a solid role for Australian team that played February when Port played an The challenge now for both his country, a role that many Ireland, in Ireland, in October.. internal trial between its AFL club and player is to maintain at Alberton, and Elliott, would Image: AFL PHOTOS and SANFL sides. a consistent level of form and like to see repeated in the AFL “In that match he exhibited fitness, and a realistic appraisal in 2014. Wadeye Magic finds new island home • From page 23

“To do that all over again would have achieved nothing. The main thing we noted was that the com- munity was losing a sense of ownership of the side in the NTFL. With the Tiwis, we found that return- ing.” And the move across the Arafura Sea has paid off. “We got the off-field structure right with a strong committee, and the football has gone from strength to strength.” At the time of going to print, the Magic were pushing for a finals berth. Wadeye also has something of a cult following on the islands with many people there throwing their support behind the newcomers. Late in January, they played their first home game at Wadeye, against Ranku Eagles, which at- tracted a huge turnout. “Long-term, this provides a much stronger path- way into NTFL football for the players,” Kimberley said. “Already, we’ve had Francis Kintharri play for the Tiwi Bombers and there are players like Alex Alantjin who are ready-made Premier League play- MAGIC MOMENT: Wadeye Magic and Ranku Eagles players after the Magic’s first home game at Wadeye. ers.” Image: NT POLICE SPORT www.nlc.org.au Land Rights News-Northern Edition - January 2014 www.nlc.org.au

Wadeye Magic finds a new island home THREE years after its forma- tion, Wadeye Magic looks to have found a new island home. The football team from the largest Indigenous community in the Northern Territory is playing in the eight-team Tiwi Islands Football League (TIFL) during the 2013/14 season. It’s the first time a mainland side has joined the island league since formalised football began there in the late 1960s. And it looks likely to become permanent. The Magic were formed three years ago with several purposes in mind. The team’s first season saw it play a 10-game trial in the newly formed Division 1 of the Northern Territory Football League (NTFL) (formerly the NTFL’s Reserves). The initial purpose was to see if the side could become a permanent team in the Darwin- LEFT: Evelyna Dhamarrandji, from Elcho Island, based competition. in New York last year. ABOVE: Charmaine After a credible mid-table Patrick, from Hermannsburg, with her mentors finish in its first season, the Jo Weaver and Charlie Maher at a community team was invited to complete farewell before leaving for New York last year. another 10-game trial. Images: IMP But with no firm word on their future standing within the league, enthusiasm began to wane. A footballer lives for a results-based season and Marathon applications another trial season saw interest levels drop. Club officials then ap- proached both the AFLNT and Tiwi Islands Football League. open until end of Feb The community and the islands share several familial THE growing and successful Indig- Those who have completed the mara- links and it seemed an obvious enous Marathon Project is on the thon are trained to become healthy life- fit. lookout for people who are keen to run style leaders by completing a Certificate And that proved to be so with in New York later this year. IV in Health and Leisure with a focus on the Magic invited to join the Applications for 2014 close by the Indigenous healthy lifestyle. TIFL this season. end of February and there are tryouts in This qualification is used to promote Craig Kimberley, AFLNT March (more details below). community-based health and exercise regional development manager The organisation uses the marathon initiatives including the Deadly Fun Run – Wadeye/Daly River Region, as a vehicle to promote healthy lifestyles Series. nous Australians aged between 18-30 who said the move has been nothing to Indigenous and Torres Strait Islander Runners become role models within want to make a difference. but a success. peoples. their communities and become leaders in There is no need to have any formal “We went through the pro- The project annually selects a group the promotion of health and physical ex- running experience, just a passion and cess and listed the pros and cons of young Indigenous men and women to ercise to address the high rate of chronic commitment to get out there and do your of the move,” he said. complete the New York City Marathon diseases such as diabetes, heart disease best. “With no result at the end with just six months of training. and renal failure. of our second trial season, I There have been more than 70 applica- The year spent preparing will consist • Applications will remain open until detected a massive demotivation tions already received for the IMP’s 2014 of a lot of hard training, studying for a the end of February, at which time the among the players and commu- program. Certificate IV in Health and Leisure, run- organisers will announce dates and loca- nity. So given that situation it Following the success of its 11 runners ning in some of the country’s biggest and tions for their national tryouts tour to be just wasn’t conducive to play in in New York last November, the IMP is most exciting fun runs, inspiring others held in March. Darwin again. on the hunt for the next crop of Indig- to achieve greatness, and making some For more information, please call (02) enous champions to take on the gruelling friends that you will keep for life. 6162 4750, email: [email protected] • Continued page 22 42.195km event. Organisers are on the lookout Indige- and/or visit imp.org.au 24 - Land Rights News-Northern Edition www.nlc.org.au - January 2014

Milika Marika -- the moves that made him

MAIN: Milika Marika hunting on country in East Arnhem Land. Image: AARON SMITH / MOVE IT MOB STYLE. ABOVE: Milika in action on the dancefloor. LEFT: With his Dad, Banula, as a youngster. Image: DHIMURRU ABORIGINAL CORPORATION SEASONED performer Milika Milika will be choreographing Marika returned to country recently two dance routines in Sydney during to film a fourth season episode of February for season 4 of the series to the popular television series Move it music by East Journey, also from East Mob Style. Arnhem Land. Milika was born into dancing; his Milika’s favourite dance style is parents met at the National Aboriginal hip-hop and he has danced all over Islander Skills Development Associa- Australia with the Indigenous Hip Hop tion (NAISDA) Dance College in Syd- Projects dance company. ney, where his father Banula Marika Last year, Milika was selected to was a teacher. be a part of the CircusOz Masterclass, He is well known in his community, held over two weeks in Melbourne and not only as a performer, but also as a teaching performers a variety of tricks. ranger for Dhimurru Aboriginal Corpo- Milika has been in constant work as ration in Nhulunbuy. a dancer and says he loves seeing the An all-day shoot by Move it Mob reaction audiences have to his dancing. Style took place at Yalangbara and Move it Mob Style airs at 5pm each included Milka’s father. weekday on NITV from March 2014.