2015-2016
PB Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 1 2 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 3 Kimberley Land Council 2016 Annual Report Contents
Introduction and overview 4
Our mission, vision and values 5
Message from the Chairman 6
Board of Directors 8
CEO Report 9
Our organisation 14
Kimberley Land Council 14 Organisation structure 17 Strategic and operational plans 20 Human Resources 22
Performance Report 24
Native title claim updates 26
East Kimberley 26 West Kimberley 30 Desert Region 34
Looking after country 38
Land and Sea Management 38 Kimberley Ranger Network 46
Financial Statements 53
2015-2016 Financial Statments 53-79 Glossary 80
Glossary 80
2 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 3 Introduction and overview Introduction and overview
FIRST KLC MEETING AT NOOKANBAH, 1978
The Kimberley Land Council (KLC) was Government, the KLC is required to established in 1978 following a dispute present detailed technical information While fulfilling our between Kimberley Aboriginal people, on its functions in our Annual Report. role as a Native Title the West Australian Government and Representative Body an international mining company at This report also includes information remains the core business Noonkanbah. on other aspects of our organisation of our organisation, we to reflect the full diversity of our have expanded to included The KLC was set up by Kimberley operations. Aboriginal people as a peak regional a broad range of programs community organisation, to secure and activities that help us the rights and interests of Kimberley achieve the vision of our Aboriginal people in relation to their members land and waters and to protect their significant places.
The KLC has experienced rapid growth in recent years. While fulfilling our role as a Native Title Representative Body remains the core business of our organisation, we have expanded to include a broad range of programs and activities that help us to achieve the vision of our members. As part of our Native Title Representative Body funding agreement with the Commonwealth
4 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 5 Our mission and values Our mission and values
NGURRARA COUNTRY
Our Vision Our Mission Our Values The Kimberley Land Council is a Aims • Respect for our law and culture community organisation working for • To get back country • Respect for our elders and and with Traditional Owners of the • To look after country stakeholders Kimberley to get back country, look • Fair and transparent decision- after country and get control of the • To get control of the future making future. • To have a strong organisation • Effective and open communication Objectives • Working in partnership • Improve the cultural, social and • Trust and loyalty economic wellbeing of Kimberley • Justice and equality for Indigenous Aboriginal people people • Operate as an effective body to • Cultural diversity secure rights for and deliver the aspirations of Kimberley Traditional Owners • Develop and implement policies, strategies and activities that deliver a high-standard of services to Traditional Owners to achieve our vision • Develop and implement sound, appropriate and effective planning and review processes and documents
4 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 5 Message from the Chairman Anthony Watson
KLC CHAIRMAN ANTHONY WATSON
It has been two years since I was and knowledge for the benefit of our is important that we remain focused on elected as Chairman/Director of the organisation and region. the preservation of Aboriginal rights. Kimberley Land Council, together with my fellow directors. The insight and energy of these Other government policies, such as the new leaders is allowing us to forge Rangeland Reform and Water for Food, During this time we have achieved a ahead with the ‘old fight’ for self- along with the Northern Development lot and I would like to share some of determination. This is a positive step White Paper, continue to threaten that journey with you, including our and has been a great strength of the Aboriginal land and economic, and successes, and some of the challenges KLC board over the past two years. cultural rights, and we must all work that lie ahead. together to find a better way forward Native title and land tenure for Indigenous people across this Firstly, I must acknowledge our senior region. leaders that we have lost in recent It appears that changes by the State times. I take this opportunity to thank Government to the Heritage Act have We want better consultation and fairer them for their service both within our stalled until after the state election in processes, so that we truly have a seat communities and at the KLC. early 2017. at the table when changes that affect our rights are being considered by Without their knowledge, guidance and The KLC Board of Directors took our government, State or Commonwealth. commitment to getting back country, concerns about these changes, and managing country and getting control others, to the hallways of Canberra Aboriginal community closures of our future, the KLC would not be and the steps of Parliament House in where it is today. Perth to demonstrate our opposition to The Western Australian Government policy decisions that erode the rights of has released a new plan for the delivery Succession planning is very important our people. of services to remote and regional for our organisation, and I am pleased Aboriginal communities. to report that we have a number of Although the proposed changes to the new and upcoming leaders among Heritage Act have been put on hold, it The revised approach comes after the us who are contributing their ideas State Government said it would rethink
6 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 7 its plan to close up to 150 Aboriginal it better represents the values of our communities across WA, which would organisation, and allows us to operate have resulted in serious and long- in an efficient, fair, and transparent lasting consequences for Aboriginal manner. We have been asking for people. feedback on the new Rule Book and will keep our members updated with According to the State Government, the progress. the Resilient Families, Strong Communities document is a ‘roadmap’ Finally I am pleased to report that which will set the direction for reform a number of land title claims in the in regional and remote Aboriginal Kimberley are currently before the communities. courts and we hope that decisions will be handed down on some of these The KLC has serious concerns about claims in 2017. this new report. We believe it does not consider the costs and consequences With native title existing over 80 per of closing communities. cent of the Kimberley, we will continue with our mission to progress land This report is just another way of claims over the remaining 20 per cent. forcing our communities to close and we will continue to speak out against While it has been a challenging year, it this attack on our people’s human has also been one filled with wonderful rights. work by the Kimberley people, and for Kimberley people. The work of the KLC I would like to thank the directors and As an organisation, the KLC is making all KLC staff for their contribution to sure we continue to advance and the organisation, and to acknowledge innovate to assist Aboriginal people our members for their commitment to across the Kimberley. This includes the shared vision for the future of the looking at ways to improve the cultural, region. social and economic wellbeing of
our people in line with our vision statement.
We are implementing policy changes that will help the community and Anthony Watson Prescribed Bodies Corporate to manage their many responsibilities, protect their rights, and advance their economic and social well-being. This includes work on Future Acts, heritage amendments, land care management, native title, human rights and more.
The board has also been reviewing the KLC Rule Book (our constitution) so that
6 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 7 Board of Directors KLC Board as of 30 June, 2016
CHAIRMAN ANTHONY WATSON DEPUTY CHAIR BONNY EDWARDS CEO NOLAN HUNTER SPECIAL ADVISER JOHN WATSON
SPECIAL ADVISER MARIA HAND SPECIAL ADVISER PETER MURRAY TOM BIRCH PHILLIP MCCARTHY
KEITH ANDREWS BOBETTA ALBERT GORDON MARSHALL YVONNE BIRRELL
TOM LAWFORD ANDREW DAYLIGHT DWESMOND WIGGAN-DANN MERLE CARTER
MINETTA FARRER ISMAHL CROFT ALBERT COX ROSIE NUNJU
PEARL GORDON ELIZABETH LULU CATHERINE GOONACK KATHY O'REERI
FRANCIS (LULGA) DJIAGWEEN GABRIEL NODEA IRENE DAVEY EMILY CARTER
8 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 9 CEO Report Nolan Hunter
KLC CEO NOLAN HUNTER
Our vision is to ‘get back country, Achievements the central Kimberley. This claim was look after country, and get control Native title also settled by consent between the of the future’. We have pursued that Native title rights are now recognised parties. vision vigorously over the past twelve over approximately 80 per cent of the months, achieving many outstanding Kimberley region. During the reporting In the Middle Dampier Peninsula, the practical results, whilst advocating period, two major native title claims Bindunbur native title trial started strongly for the rights and aspirations were determined by consent. in September 2015. For the first of Kimberley Indigenous people. time in 10 years, it was necessary to After more than two decades, take a native title claim towards a We have also faced many challenges the Kurungal Traditional Owners litigated resolution. Hearings before over the past year. At their heart, these celebrated the legal recognition of their Justice Anthony North, including challenges centre around ensuring native title rights over 887.3 square some ‘on country’, saw more than 50 respect for Aboriginal people, and kilometres of their traditional country Goolarabooloo, Jabirr Jabirr, Ngumbarl, ensuring our rights are recognised, on 1 December 2015. The Traditional Nimanbur and Nyul Nyul people give respected, protected, and realised. Owners, pastoralists, and government evidence. This claim is ongoing. asked the Federal Court to make a We are clear about who we are, where consent determination reflecting the The Kimberley Land Council continues we stand, and where we belong, even parties’ agreement. to work diligently on a number of whilst governments and others believe ongoing native title claims across the they can define us differently, and Bunuba Traditional Owners also saw region. treat us differently. From constitutional an end to more than 15 years of recognition to community closures; struggle when they secured native Kimberley Aboriginal people have from securing native title to turning title over the remaining areas of worked hard to have their rights to native title into practical benefits; from their traditional country. The Federal country recognised by the law of caring for country to making a living off Court determination handed down Australia, and the KLC is active in country, the Kimberley Land Council on 22 December 2015 completed the seeking to ensure that the value and and its members are playing an active recognition of their native title rights importance of those rights is respected and leading role in building our future. and interests over a significant area of by state and federal government
8 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 9 policies and plans, business ventures Government, the WA Government’s The Kimberley Land Council opposed and other third party proposals. Royalties for Regions Program, the State Government’s attempt to Lotterywest, and the Indigenous Land reform the Aboriginal Heritage Act, due With most of the area’s native title Corporation. to its disregard of Aboriginal people claims completed, the KLC’s activities and our right to care for and protect are transitioning from the pre- The new building has delivered both our cultural heritage determination phase into the post- practical and intangible benefits to KLC determination phase. The Kimberley members. It has allowed the KLC to Lack of procedural fairness, limited Land Council has supported and operate more efficiently and to provide consultation with Traditional Owners, assisted in the establishment of 14 high standard facilities to its members and the apparent intention to Prescribed Bodies Corporate (PBCs) in and staff, and also raised the profile prioritise other considerations ahead the region. Ten of these PBCs received and standing of Kimberley Aboriginal of protecting Aboriginal heritage, direct assistance through the KLC people within the local community and demonstrate that the proposed during the reporting period. Despite more widely. changes are not in the best interests limited resources, the KLC has helped of Aboriginal people or our cultural to set up and register PBCs, develop Challenges heritage. governance structures, and provide Tenure rights administrative, legal and training After almost 40 years pursuing their Proposed changes to the act would support. rights and interests, and despite deny Aboriginal people involvement in the legal recognition of land rights important decision making processes, Land and Sea Management through the native title process, and give ultimate power to a single Looking after Country is an integral Kimberley Aboriginal people and the government bureaucrat, whilst working part of the Kimberley Land Council’s Kimberley Land Council face continued towards securing the interests of thirds vision. The Land and Sea Management and constant pressure to weaken, parties such as developers. Unit works with Traditional Owners undermine, or bypass their rights. to achieve cultural, social and The KLC also voiced concerns regarding environmental outcomes. Native title, and Indigenous rights in the State Government’s plan to general, are too often seen as obstacles overhaul land tenure laws, with a The Land and Sea Management Unit to be overcome, rather than a system new form of land ownership called continued to grow in the reporting to be worked within. The State Rangeland Leases, which may not be to period, and working in close Government in particular, has proposed the benefit of Traditional Owners and partnership with native title groups and a number of policies and practices that Native Title holders. Prescribed Bodies Corporate (PBCs), would severely weaken the position Land and Sea projects now comprise and rights of Aboriginal people across Whilst both the Aboriginal Heritage Act a significant proportion of the KLC’s the state. and Rangelands Reform on currently on activities. This work is guided by the hold, the KLC continues to watch both development of long-term Healthy Efforts by the State to undermine of these issues closely. Country Plans. Indigenous carbon abatement projects based on traditional fire management Community closures New KLC building practices have been particularly Kimberley Aboriginal communities have The Kimberley Land Council held the disappointing. been threatened with closure by the official opening of its new, purpose State Government. Initial statements built office/warehouse facility in in relation to closures were made Broome in August 2015. This major without consultation with Aboriginal people, and seemingly without any milestone was supported by generous Heritage Act and Rangeland consideration of the consequences. The assistance from the Australian Reform stated reason for closing communities
10 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 11 NOLAN HUNTER, ARI GORRING, ANTHONY WATSON, POLLY GRACE AND BOBETTA ALBERT OUTSIDE OF THE COP21 PAVILION
was given as unsustainable cost. identified a number of risks. for the inclusion of rights of Indigenous people in the Paris climate change The Kimberley Land Council, along with For example, negotiations for a agreement, and promote Kimberley many others, strongly opposed these Water for Food Program for with the Fire Abatement Projects which offer closures, drawing wide spread support Gooniyandi Native Title holders appear strategies to combat climate change from the Australian community. Under to offer no real benefits for Gooniyandi through improved fire management this pressure, the State justified the people, whilst requiring them to allow closures as a measure to prevent permanent extinguishment of their The KLC received widespread child abuse and ensure education Native Title rights and interests. international support for its “world and employment opportunities for class” savanna burning program, Aboriginal people. The KLC believes that any Government- with business leaders requesting sponsored development should further information on Kimberley A process of ‘consultation’ with recognise Native Title holders as the savanna projects, and specifically Aboriginal people was then primary stakeholders in any asset that acknowledging the leading position commenced. The KLC remains is being developed, and continues to adopted by Kimberley Traditional concerned about the State’s intentions support Native Title holders in their Owners. Then Federal Minister for to close communities, and continues efforts to maximise benefits from their Environment Greg Hunt launched a actions to raise awareness and protect lands. report on global potential of traditional our communities from closure. fire management, and a number of Advocacy strong partnerships were developed. Water for Food Program United Nations The State Government’s Water for In November 2015, the KLC travelled to Food initiative aims to provide a Paris for the United Nations Framework boost to regional Western Australian Convention on Climate Change 21st communities through development Meeting. The attendance aimed to and diversification of the agriculture raise awareness about the impacts of and food sectors. The KLC has queried climate change on Indigenous people the real benefits for communities, and in the Kimberley and in Australia, call
10 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 11 DWESMOND WIGGAN-DANN, NOLAN HUNTER, ARI GORRING, ANTHONY WATSON AND MERLE CARTER IN CANBERRA.
Lobbying our leaders Indigenous Land Inquiry Aboriginal people to generate income The KLC travelled to Canberra, Perth, In 2015, the Minister for Indigenous through environmental and cultural and other centres for meetings Affairs, who leads a Council of management of their lands. with government, industry, and Australian Governments (COAG) philanthropic organisations to discuss investigation into Indigenous land A sub-committee of the KLC has key challenges and opportunities for administration and use, invited an developed a business plan for the Aboriginal people in remote Australia, Expert Indigenous Working Group to Cultural Enterprise Hub, which draws including the promotion of the ranger guide the work of the Indigenous land on knowledge gained over the past program. We conveyed the message enquiry. three years from business workshops that through our innovative partnership with rangers and PBC directors, projects we are delivering social and The KLC wrote to the Minister outlining regional forums, consultations with economic outcomes to our people and our support for the right of Indigenous Land and Sea staff and expert advice our communities, with our successes people to use their own assets, from Social Ventures Australia. being based on strong community including Native Title rights in land, for engagement and efficient staffing, their own economic purposes, and that Empowered Communities operation and oversight. they must be primary proponents of The Federal government supported economic development on their land. Empowered Communities is about We are building and expanding this Key to this is that deals negotiated with Indigenous people taking greater model, and our planning clearly native title holders must be genuinely responsibility, and developing and identifies many opportunities for beneficial and not result in a loss of leading their own plans for change. Traditional Owners to develop land, or loss of rights. enterprises that can be maximised The KLC has supported Empowered through long-term partnerships with Initiatives Communities in the Kimberley region, governments, philanthropic and private Cultural Enterprise Hub assisting in the preparation of a report to respective governments. sectors. The Kimberley Land Council continued
to guide and promote a Cultural Enterprise Hub initiative as a means for
12 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 13 NOLAN HUNTER, KIMBERLEY LAND COUNCIL CEO
Leadership whilst maintaining strong links to proponents, should and must The KLC is a participant in the traditional Cultural governance. treat Aboriginal people as primary Indigenous Leaders Roundtable, stakeholders and active partners in the which is exploring the challenges This will be achieved through a development of the region. and opportunities around native structured one year leadership program title property rights. The roundtable supported by mentoring, industry The KLC will continue to approach the provides an opportunity to talk through placement, and formal qualifications challenges we face in achieving our challenges and identify real solutions, Vision with strength, clear purpose, and with a focus on ensuring that property The future with the best interests of Kimberley rights are respected, protected, and Advocating for the rights and interests Aboriginal people at its heart. are capable of being enjoyed to their of Kimberley Aboriginal people will fullest. remain the focus of the Kimberley I thank our Members and Directors Land Council into the coming year for their vision and on-going work in The KLC recognises the need for and beyond. This includes continuing guiding the Kimberley Land Council into planning and practical activities to deliver strong Native Title services, the future. I also thank our energetic, to ensure our young leaders are including support for claimants, resilient, innovative, and hardworking developed and brought forward as our ongoing litigation where necessary, staff. Together, the Members, Directors, older leaders take a step back. To this and support for PBCs where claims are and staff of the Kimberley Land Council end, we are developing a Kimberley determined. will continue our efforts to improve the Indigenous Leadership Development lives of Kimberley Aboriginal people. Program. Our Land and Sea Management programs, including our ranger The vision of this program is to provide program, will continue to deliver young Indigenous leaders with formal strong social, economic, and cultural training, practical work experience outcomes for our Members. and mentored support, to develop the Nolan Hunter leadership skills required to work within We will maintain our position that contemporary systems of governance, Governments, and development
12 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 13 Our organisation Kimberley Land Council
NOOKANBAH PROTEST MARCH, 1978
Kimberley Land Council Body operations are funded by the native title outcomes. In the reporting Department of Prime Minister and period, the KLC worked with native The Kimberley Land Council was born Cabinet. title claimants, native title holders out of the epic land rights battle in and Registered Native Title Bodies 1978, when Kimberley Aboriginal Some of our other activities at the Corporate (PBCs) to prepare and people travelled to defend sacred KLC are supported by state and progress native title applications sites at Noonkanbah from plans by the federal governments, philanthropic while providing facilitation and Western Australian Government and organisations, environmental groups representation to our clients in international mining company AMEX, to and self-generated income. the mediation and negotiation of explore and drill for oil. agreements.
The KLC is incorporated under the The KLC was formed by Aboriginal Corporations (Aboriginal and Torres In doing this, the KLC meets its people for Aboriginal people, and Strait Islander) Act 2006 and delivers requirements as a Native Title is one of the three peak Indigenous staturoy services under the Native Title Representative Body to: organisations in the Kimberley working Act (1993). • Research, prepare and progress with Traditional Owners to protect and native title applications; and strengthen land, law, language and Roles and functions culture. • Represent and facilitate NTRB - legislation consultations, mediation, Kimberley Aboriginal people have The KLC provides native title services negotiation and proceedings been strong advocates for land rights to Kimberley Aboriginal people. The relating to native title applications since the KLC was started in 1978. The following primary functions of the such as Future Acts, Indigenous KLC was recognised in May 2000 as organisation are prescribed by the Land Use Agreements (ILUAs) and the Native Title Representative Body Native Title Act 1993 (Cth) (NTA). any other native title matters. (NTRB) for the Kimberley region in Western Australia pursuant to s230AD Facilitation and assistance of the Native Title Act 1993, (Cwth) The KLC strives to provide its clients (NTA). with the highest standards of
representation for achieving positive Our Native Title Representative
14 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 15 Native title assistance Complaints The Kimberley Land Council will not necessarily be able to resolve all During the 2015-2016 reporting NTRB Activity Summary period, the KLC provided native title disputes. It is also a requirement of the Native Title Act for the KLC assistance to 25 native title claims Complaints and disputes to make all reasonable efforts to and 10 Registered Native Title Bodies Complaints minimise the number of overlapping Corporate (RNTBCs) within the Received 1 native title claim applications. The Kimberley region. Throughout the year, Resolved 1 the number of claims has fluctuated dispute resolution function provides an Pending to take into consideration the filing of important element to ensure the KLC is Disputes new claims and the determination or responsible for streamlining native title Native title application disputes 3 withdrawal of others. processes and improving certainty for Disputes relating to ILUAs, rights of parties involved in native title matters. access and other matters All the native title claims the KLC Requests for review of decisions not to There are two separate types of provides facilitation and assistance to assist complaints: are important, but with the limited Requests resources available, not all claims can • Complaints about a decision of the Received 1 be progressed at the same time. Claim Native Title Grants Committee Completed 1 priority assessment determines the • Complaints about other decisions
direction of organisational activities. or actions of the KLC or its staff The prioritisation of claims is informed The process for achieving successful by, but not limited to, resourcing native title determinations affects all considerations, Federal Court case Traditional Owners and often raises In the reporting period, the KLC management priorities and the difficult questions for claimants. received one (1) request to review availability of suitably qualified expert Disputes often arise where the a decision of the Native Title Grants consultants. relationship between the NTA and Committee. A review was completed traditional law and customs is not clear. by the Native Title Review Committee The KLC also provided assistance to As a result, the KLC is called upon to in accordance with KLC’s review a number of Registered Native Title assist in resolving these disputes. functions. Prescribed Bodies Corporate (PBCs) in relation to establishment, meeting The existence of disputes can have a Internal Review assistance, expert advice, resources, significant detrimental impact on the The KLC has a Grants Committee that governance and compliance matters. ability of Traditional Owners to exercise assesses new applications for native their native title rights and interests, title claim assistance. The committee There is a high level of demand for or to have those rights and interests is comprised of KLC directors and the KLC to provide assistance in the recognised. assesses each application before post-determination environment as making a decision. If the Grants most Registered Native Title Prescribed For example, the existence of a dispute Committee rejects an application for Bodies Corporate have limited capacity might have a negative impact on: assistance, the KLC gives clear, written and resourcing to carry out their • Priority for assistance from the reasons for that decision and lets the functions. Native Title Representative Body; applicants know about their right to • Registering a determination have the decision reviewed. application (because of adverse impacts on certification or The applicants can seek to have the authorisation processes); decision looked at again by the KLC’s Review Committee. • Responding to Future Acts; and, • Obtaining a determination of native title – whether by consent or litigation.
14 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 15 The Review Committee is made up of respond to any such notices. be responsible for how materials will be the KLC Chairperson and four directors The KLC also has its own internal returned and the ongoing management (who were not on the original Grants notification process for informing of the materials. Committee). native title holders and claimants of any claim group meetings. The KLC Consultants, Competitive Tendering & The Review Committee assesses endeavours to keep extensive and Contracting the application and determines if up-to-date claim group member lists The KLC awarded 25 Native Title the decision made by the Grants and contact details. Native title holders Representative Body consultancy Committee was fair and proper and claimants are notified of claim contracts in the reporting period. group meetings through posted and Consultants were contracted to If the applicants are still not satisfied, hand-delivered letters, emails, phone undertake a range of services for they can request to have the decision calls, the posting of notices on public the KLC including providing legal reviewed under the Administrative boards throughout the Kimberley and advice, expert anthropology services, Decisions (Judicial Review) Act, 1977 advertising in local newspapers cultural services and other services (ADJR), and s203FB of the Native Title including corporate and financial. Act (1993). Agreement-making NTRB Consultant and service contracts
The KLC represents many native title expenditure for the 2015-2016 Native title Dispute Resolution claim groups and RNTBCs to facilitate reporting period totalled $2,126,856. It is the KLC’s policy to endeavour to non-commercial negotiations for resolve all disputes relating to native agreement-making with third parties title applications by consultation at in relation to native title. The KLC claimant meetings and during the has been extremely successful at course of claim preparation. negotiating positive agreements, such as ILUAs on behalf of Traditional The KLC facilitated mediations under Owners. its dispute resolution functions between native title claim groups on Return of Native Title Materials two separate disputes and is working The KLC holds a significant collection toward facilitating dispute resolution of material from many years of on a third matter. undertaking native title claim work. The KLC Board policy and procedure Certification for controlled material, which is In line with its statutory responsibilities, managed through the Research, Ethics the KLC certifies native title applications and Access Committee has managed for the determination of native title materials from within the KLC collection and applications for the registration of for a number of years. The KLC Board ILUAs. have in 2015/16 finalised further policy and procedures for the process to Notification return native title materials to native title groups. The process provides The KLC ensures that native title support to groups on how they might holders and claimants are informed have materials returned. The policy about any Future Act notices that are addresses how a group might want to received and could potentially affect manage and look after the materials native title rights and interests. The KLC including how materials might be works to provide advice to native title accessed. The KLC will work initially holders and claimants while informing with certain categories of materials, of them of relevant time limits in which to most relevance to groups. Groups will
16 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 17 Our organisation Organisational Structure
KLC ORGANISATIONAL STRUCTURE
KLC Board
KLC CEO
KLC Deputy CEO
Corporate Finance Legal Native Title Land and Sea Services Unit Unit Unit Services Unit Management Unit
Executive roles and The Chair and Deputy Chair are A number of directors also attended responsibilities responsible for making sure the KLC the international Indigenous functions effectively. They provide Gathering in the Gully event in the Board of Directors leadership to the KLC, the Board of Blue Mountains and the World Parks The KLC Board of Directors provides Directors, the CEO and staff. They also Congress in Sydney in November leadership and direction to the act as the organisation’s spokespeople 2014 which set global targets for organisation and ensures it operates and the interface between the KLC and conservation and land management. properly and fairly on behalf of all its the broader community. members. At the end of the reporting In June 2016, a small contingent of KLC period, the Board of Directors was The KLC Board of Directors meets a Directors attended the National Native comprised of 27 people representing minimum of four times a year to set the Title Conference in Darwin to represent the majority of native title claim direction of the organisation, establish the organisation and take part in a groups across the Kimberley. Four priorities and direct the development number of sessions and workshops special advisers are included as part of the strategic and operational plans. addressing the current issues and of the board and work with directors, trends in native title. members and Traditional Owners to Director training and development provide expert cultural advice, offer The KLC Board received governance support and guidance. training provided by representatives from the Department of Prime Minister Directors are elected to the board and Cabinet to inform them about every two years, with the last election policy and funding changes to Native occurring in September 2014 at the KLC Title Representative Bodies. Annual General Meeting held in the Jarlmadangah Burru community.
16 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 17 KLC management team The Kimberley Land Council executive management team is responsible for the management of staff and organisational performance.
As the Chief Executive Officer of the Kimberley Land Council, Nolan Hunter is responsible for the day-to- day operational and administrative management of the KLC, including overseeing the operations of the Deputy CEO, and the Managers of the Corporate Services, Financial, Legal, Land and Sea Management and Native Title Services units. The CEO is DIRECTORS' MARIA HAND, ALBERT COX AND PEARL GORDON AT A KLC DIRECTORS' MEETING the interface between the Board of Directors and KLC staff. Corporate governance The senior management team meets
regularly to review progress and ensure The KLC has an effective corporate The CEO also works to achieve the any upcoming or potential issues are governance structure that enables strategic aims of the organisation. The dealt with to reduce any financial or the organisation to deliver on its CEO is assisted by a management team operational risk. mandate and achieve native title which at June 30, 2016 included.
outcomes for Kimberley Aboriginal The KLC acknowledges the support people. • Tyrone Garstone – Deputy CEO of the Department of Prime Minister • Peter Logvyn - Chief Financial and Cabinet and other funding bodies The KLC conducts regular corporate Officer governance planning at both a strategic which support the KLC on operational • Kevin Murphy – Principal Legal and operational level to ensure our and activity-based programs. However, Officer organisation is achieving its mission, the KLC continues to struggle to vision and values. Regular reporting to reduce ever-increasing costs amid a • Erika Blades – Native Title Services the Board of Directors, KLC members, lack of resources. Holding on-country Manager partners, funding bodies and staff meetings and providing travel and • Sarah Parriman – Corporate ensures key stakeholders are kept accommodation arrangements for Services Manager Traditional Owners, directors and staff informed of our activities and our • Justine Lane - Human Resources is becoming increasingly challenging, organisation remains on track to realise Manager its strategic goals. particularly when working in extremely remote parts of the Kimberley. • Will Durack - Land and Sea Unit Manager Stringent financial and operational • Ariadne Gorring – Strategic Business procedures are maintained and applied Board of Directors, KLC members, Development Officer to make sure the organisation is partners, funding bodies and staff effectively managed. The KLC employs ensure key stakeholders are kept a Chief Financial Officer, who is a informed of our activities and our Chartered Accountant and forms part organisation remains on track to realise of the KLC’s senior management team. its strategic goals.
18 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 19 KLC BOARD OF DIRECTORS ATTENDANCE JULY 2015 TO JUNE 2016
KLC Board of Directors Attendance July 2015 to June 2016 Executive Director * newly elected to the board after 24/09/2014 Executive Director * newly elected to the board after 24/09/2014 Samuel Keith Andrews - Bunuba Accepted 7th July 2015 Executive Director No. of meetings (out of 4) July 2015 - June 2016 Keith Andrews 3 Bobetta Albert 4 Tom Birch 4 Yvonne Birrell 2 Merle Carter 2 Emily Carter 0 Albert Cox 4 Ismahl Croft 2 Andrew Daylight 0 Francis Djiagween 2 Bonnie Edwards (Deputy Chair) 3 Minetta Farrer 0 Catherine Goonack 0 Pearl Gordon 3 Tom Lawford 4 Elizabeth Lulu 3 Gordon Marshall 3 Phillip McCarthy 3 Gabriel Nodea 2 Rosie Nunju 3 Kathy O'Reeri 3 Anthony Watson (Chairman) 4 Dwesmond Wiggan-Dann 1 Irene Davey (Special Advisor) 3 Maria (Marmingee) Hand (Special Advisor) 1 Peter Murray (Special Advisor) 3 John Watson (Special Advisor) 3
18 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 19 Our organisation Strategic and operational plans
Risk management The KLC has maintained and applied stringent financial and operational procedures to ensure that adequate information is available for the effective management of the organisation. The KLC employs a Chief Financial Officer, who is a Qualified Accountant, to manage the financial affairs, compliance and risk management of the organisation.
The management team meets regularly to review progress and identify upcoming issues and regularly reports MAROORA PLANT back to the Board of Directors.
The KLC is guided by the 2011-2016 Planning and reporting The KLC is proactive in identifying Strategic Plan which sets out the The Kimberley Land Council potential financial and operational organisation’s long-term goals and Strategic Plan 2011-2016 guides the issues to ensure appropriate action strategies, in line with our vision and organisation’s long-term focus and is taken to minimise or exclude those values. It also defines our overall direction. The KLC’s yearly Operational risks. strategy for achieving native title Plan sets performance targets and and other outcomes for Kimberley goals to ensure the KLC carries out Ethical standards Aboriginal people. its mission statement and vision. The KLC executive management team All Kimberley Land Council employees The KLC Operational Plan 2015-2016 has monthly meetings to provide are required to maintain high standards sets out the schedule of claim and regular updates on operations as of honesty, integrity and respect while PBC activity performance outputs well as strategic planning meetings behaving in an appropriate and fair our organisation aims to achieve in which to review performance and manner. within the reporting period. It is a tool track achievements. The KLC provides for managing native title and other ongoing progress reports to the Employees also conduct their work activities, in line with the KLC’s policies, Department of Prime Minister and in accordance with the ethical procedures and funding requirements. Cabinet. standards relevant to their particular professions and codes of conduct. Staff The KLC’s outputs were generally performance guidelines are included in completed in accordance with the Salary levels and awards the KLC’s policies and procedures and performance targets set out in the Remuneration of all KLC staff members the KLC Code of Conduct. Operational Plan. In the reporting is determined by the Kimberley period, the KLC achieved the Land Council Enterprise Bargaining External scrutiny Agreement 2014-2017. Salary scales majority of its targets. Completion of An annual financial audit was within the document relate to a performance outputs is significantly conducted by Moore Stephens WA performance assessment scheme and assisted when all parties adopt a Pty Ltd (formerly UHY Haines Norton) staff performance is reviewed on an position in favour of mediation and and can be found in the Financial annual basis. Nine employees from negotiation rather than litigation. Statements section of this Annual within the executive management team Report. were paid more than $100,000 in the
reporting period.
20 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 21 DIRECTORS' MEETING AND STRATEGIC PLANNING MEETING, DERBY, APRIL 2016
There were no judicial or administrative KLC office facility The KLC committed a significant tribunal decisions in relation to the KLC Construction of the KLC’s new purpose amount of its own resources to the during the reporting period, other than built office facility in Broome started on project. Funding for the project legal decisions that affected native title July 22, 2013. was received from the Australian decisions generally. The KLC commenced operation from its Government’s Regional Development new, purpose built office/warehouse Australia Fund, the Indigenous Land Service charter standards facility at the end of the previous Corporation, the State Government’s The KLC has no service charter or reporting period. Royalties for Regions program, and customer service standards but uses Lotterywest. The Kimberley Land a process of complaints management At the end of this reporting period, Council gratefully acknowledges the instead. the facility was generally complete, generous support provided by these with most outstanding matters partners. Detailed information on how a resolved. The project will be formally complaint can be made and managed is completed, including all auditing and publicly available and can be found on acquittal reports completed in the first the KLC website at www.klc.org.au. quarter of the next period. The project has been delivered approximately 2 Written complaints are referred to the percent under budget. Chief Executive Officer, or delegate The building provides the Kimberley for assessment. In cases where it is Land Council members, directors, appropriate to respond, the Chief and staff with modern, purpose built Executive Officer refers the complaint facilities, enhancing the profile of the to an appropriate person to manage organisation, improving efficiencies, the resolution process, allocate a and reflecting the history and ongoing priority response time and to case operations of the KLC. manage responses required to deal with the complaint.
20 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 21 Our organisation Human Resources
KLC STAFF MEMBER JUSTINE LANE
Workforce planning, staff turnover per cent which is an increase on the As part of attaining their practice and retention turnover rate of 19 per cent in 2014- certificates the KLC Legal Team Staffing levels continue to fluctuate 2015. The staff turnover rate at the KLC members are required to attend annually depending on the status of regularly fluctuates depending on the compulsory professional development. project activities. At June 30, 2016 a number of projects the organisation is total of 103 people were employed at managing at any one time. The KLC continues its partnership with the KLC. the Aurora Project and through this Indemnity insurance staff have been involved with a number The KLC also facilitates the Kimberley KLC staff are covered for professional of training opportunities directly Ranger Network which employs about indemnity insurance to the value of $10 related to native title including courses 80 full-time rangers annually as well million. such as Management Development as a number of administrative and and Native Title Law. In addition to the Aurora Programs, the KLC has provided regular casual rangers. In recent years Learning and development other training opportunities such a number of rangers have commenced The KLC is committed to providing full-time employment with the KLC as contracts management training, learning and development Kimberley interpreting training, project as they complete qualifications in opportunities to our employees. Conservation and Land Management management, leadership and a variety of professional development courses and progress into senior leadership Regular 4WD and first aid courses are roles. At June 30, 2016, the KLC directly for individual staff members. The KLC offered throughout the year while the had a small number of representatives employed 14 senior rangers. Kimberley Ranger Network supports attend the National Native Title rangers completing a variety of Conference in Darwin. During the reporting period, there certifications including Certificates in were 21 recruitments with 24 per cent Conservation and Land Management of new recruitments being Indigenous and Business, literacy and numeracy people. training, leadership and professional development. Our staff turnover rate was 24
22 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 23 THE KLC OFFICE BUILDING, BROOME
Workplace health and safety STAFF NUMBERS JUNE 30, 2016* The KLC continues its commitment to a safe working environment. During Full-time 88 the 2015-2016 reporting period, Part-time 15 three incidents went to an insurance Male 59 claim for personal injury. We have Female 44 since taken steps to reduce the risk or Under 25 3 reoccurrence of any such incidents. Indigenous 45 Total employees 103
*This figure does not include Kimberley Group Training rangers or casual staff
22 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 23 Our organisation Performance Report
TRADITIONAL OWNERS AT THE 2015 KURUNGAL NATIVE TITLE DETERMINATION HELD AT NGUMPAN
Introduction in Broome and on country over a In the reporting period, the KLC The KLC has been extremely successful three week period to hear evidence continued to contract out its function in achieving positive native title from members of each of the claim to negotiate commercial agreements outcomes for Kimberley Aboriginal groups. Further evidence was heard with mining companies to KRED, as people. At the end of the reporting in Broome and on country for three it has the expertise and resources period, approximately 80 per cent of weeks in April 2016. The trial of these required to represent Traditional the Kimberley was determined native claims will continue through to March Owners and negotiate economic title land and waters, recognised by the 2017. Litigation of this nature requires opportunities for Kimberley Aboriginal Federal Court of Australia. significant resourcing. people.
There have been 29 successful native Agreements KRED Enterprise Under this arrangement the KLC, title determinations in the region In March 2011, the KLC established in line with its function as a Native to date and there are a total of 14 the Ambooriny Burru Foundation, Title Representative Body, remains a RNTBCs (PBCs) that hold on trust or a charitable venture to facilitate representative of native title claimants. manage as agent the native title rights Kimberley Aboriginal people’s It is up to individual claim groups to and interests recognised under these engagement in the expanding decide if they want to use the services determinations. The KLC continued to regional economy. Establishing the of KRED or not. provide support services to PBCs. This foundation fulfilled the long-term support took the form of direct funding vision of Kimberley Aboriginal people Through the strong partnership support to 10 PBCs, as well as through to get control of their future through between the KLC and KRED, native certification functions and Future Act increased opportunities and economic title groups are able to receive a high support where requested. independence. standard of representation and support when making important decisions Signficant events and changes As part of the Ambooriny Burru about what happens on their country.
Litigation of the Middle Dampier Foundation, the KLC also established Mining Future Acts Peninsula native title claims KRED, which seeks out and develops (Goolarabooloo, Bindunbur and Jabir business and job opportunities for The KLC, on behalf of Traditional Owner Jabir) commenced on 21 September Kimberley Aboriginal people, on behalf groups, continued to respond to a high 2015, with Federal Court hearings of the foundation. number of Future Act notices received
24 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 25 as a result of companies wanting to v Brown [2014] HCA 8. While the negotiate under the Native Title Act explore or mine resource-rich country decision in Brown provides greater 1993. in the Kimberley. The reluctance of legal certainty for native title holders companies to enter into Heritage and claimants, the processes adopted There has also been an increase in Protection Agreements with Traditional following that decision for agreement applications by Traditional Owners to Owner groups is concerning, as is the variations have placed additional undertake business activities on their increasing pressure on Traditional resource burdens on the KLC and its country. The KLC has requested the WA Owners to take matters to inquiry staff which are not recoverable under Department of Lands to negotiate a with the National Native Title Tribunal the terms of Heritage Protection standard ILUA for lease applications but (NNTT). Despite the KLC achieving Agreements. the State is unresponsive to initiating some strong wins on matters that proactive resolution of a standard went before the National Native Title There has been a significant number ILUA to streamline land applications Tribunal, the trend in negotiations of miscellaneous licence applications and specifically where they promote with most companies appears to be for related mining matters such as Indigenous development. The KLC will adversarial. In the reporting period, roads and bores. As this often gives continue to engage government toward the KLC continued to emphasise to Traditional Owners the right to object, a streamlined approach. companies the long-term benefits of the KLC is required to negotiate working in partnership with Traditional with proponents for benefits where RNTBC/PBC Support and Owners to respect Aboriginal heritage historically this may previously not have Development and community values. been available. These matters also add From 2001 the KLC assisted in to the large Future Acts workload. establishing 14 PBCs in the region Companies that negotiate Heritage and has provided ongoing support Protection Agreements to undertake Indigenous Land Use Agreements with 10 PBCs currently receiving exploration activities have the benefit The KLC finalised two Indigenous Land assistance through the KLC. The level of certainty in knowing they are Use Agreements (ILUAs) and a further of assistance is dependent on the engaging with the right Traditional 12 ILUAs were being negotiated during capability needs of the PBC ranging Owners who have authority for that the reporting period. from administrative support and legal area and that subsequently the activity advice through to logistical operational undertaken is free from risk. ILUA negotiations with the WA State support, governance and facilitation Government for the Kimberley Science assistance. The KLC objective is to In the 2015-16 period, the KLC received and Conservation Strategy were at strengthen native title rights through 130 Future Act notifications, including various stages at June 30, 2016. functional and empowered PBCs. In 62 active mining expedited procedure this regard the KLC is working to create matters. The KLC filed 58 objections There was also a number of third mechanisms for PBCs to reinforce to the expedited procedure matters party ILUAs that at June 30, 2016 were capabilities in making native title and the KLC successfully negotiated in various stages of negotiation. For decisions and in cultural and corporate 47 Heritage Protection Agreements many of these agreements the KLC governance functions for running a (including deeds of assignment). must negotiate the terms of a funding RNTBC. protocol before any substantiative The KLC native title Future Act team negotiations can take place. These In June 2015 the KLC developed a has been under significant pressure to negotiations, along with other third partnership with KPMG to critically manage a high volume of work which party negotiations are creating staffing analyse KLC’s support to PBCs arises when there are variations to capacity issues within the legal and and assist the KLC in designing a existing agreements. The procedures native title units. These agreements development pathway for PBCs that relating to agreement variations have are usually with pastoralists who have will support the objective for developed in light of the High Court’s applied for general purpose or other functional and empowered PBCs. decision in State of Western Australia leases which give rise to the right to
24 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 25 Native Title Claim Update East Kimberley Region
JARU MEETING AT BURKS PARK
Jaru The Jaru claim is under close case Goorring (Lumugal) Native Title claim progress management by the Federal Court. Native Title claim progress The KLC received instructions from The Goorring claim, originally called Traditional Owners of the Jaru area Koonjie-Elvire Lumugal, was registered with the to lodge a Jaru native title claim in Native Title claim progress National Native Title Tribunal on October 2011. Subsequently, the Jaru The Koonjie-Elvire claim was registered February 17, 2006. The claim was claim was filed February 15, 2012 and with the National Native Title Tribunal lodged in response to a Future Act was successfully registered with the on November 15, 1999. The claim application and covers an 11 square National Native Title Tribunal March 16, covers an area of land south west of kilometre area between the O’Donnell 2012. Halls Creek and south of Kununurra in Range, the Ragged Range, the Evelyn the east Kimberley. Range and the Pitt Range. The claim covers an area north of the Tanami Desert and south of Halls Creek Research in support of the claim The mine located within the claim area and is comprised of the former Lamboo continued throughout the reporting is close to being wound up. native title claim as well as previously period, with a two-day meeting being unclaimed country in the east held at Burks Park in June 2015 to Halls Creek Kimberley to the south of Halls Creek. bring the genealogies for this claim New Native Title claim application and neighbouring claims close to Research into the native title interests Research in support of the claim finalisation. within the currently unclaimed Halls continued throughout the reporting Creek area has progressed with specific period, with the engagement of an The Koonjie Elvire claim is being families with rights to speak for that expert anthropologist to prepare a progressed concurrently with the unclaimed area being identified, so connection report. In addition to the adjoining Jaru claim and is under close that a claim over that area can be previous research undertaken in 2015, case management by the Federal developed. Further field research and on-country research was undertaken Court. family consultations were carried out during June 2016 into September 2016 alongside of the Kija and Jaru claim period and an expert connection report work from July to September 2015 with is expected by late 2016. a meeting held in October 2015 of all
26 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 27 The Ngarrawanji claim is being progressed concurrently with the Malarngowem, and Yurriyangem Taam claims and is under close case management by the Federal Court. An expert connection report for these claims has been completed and was provided to the State in May 2016.
Yurriyangem Taam Native Title Claim The Yurriyangem Taam claim was registered with the National Native Title Tribunal on October 29, 2010. The claim is comprised of core Kija country, located north-east of Fitzroy NATIVE TITLE FIELD RESEARCH IN THE EAST KIMBERLEY Crossing towards Kununurra in the east Kimberley. persons who hold or may hold a native The Malarngowem claim is being title interest to the area. progressed concurrently with the In the reporting period, the KLC Ngarrawanji, and Yurriyangem invested significant resources to In the absence of a native title claim, Taam claims and is under close case progress this claim through conducting the KLC continues to encourage Future management by the Federal Court. anthropological research, claimant Acts in the area to consult with the An expert connection report for these meetings and mediation, which Halls Creek Land Housing and Heritage claims has been completed and was included a series of family group Committee. provided to the State in May 2016. meetings and large claim group meetings from June through to October Malarngowem Ngarrawanji 2015 to verify the anthropological Native Title Claim Native Title Claim research and to identify all families The Malarngowem claim was registered The Ngarrawanji claim was registered with native title connection to the with the National Native Title Tribunal with the National Native Title Tribunal claim area. on February 4, 2000. The claim covers on June 25, 1996. The area covers the an area north east of Halls Creek and Moola Bulla pastoral lease and some The Yurriyangem Taam claim is being towards Warmun. small areas of reserves and unallocated progressed concurrently with the Crown land around Halls Creek. Ngarrawanji, and Malarngowem claims In the reporting period, the KLC In the reporting period, the KLC and is under close case management invested significant resources to invested significant resources to by the Federal Court. An expert progress this claim through conducting progress this claim through conducting connection report for these claims has anthropological research, claimant anthropological research, claimant been completed and was provided to meetings and mediation, which meetings and mediation, which the State in May 2016. included a series of family group included a series of family group meetings and large claim group meetings and large claim group meetings from June through to October meetings from June through to October 2015 to verify the anthropological 2015 to verify the anthropological research and to identify all families research and to identify all families with native title connection to the with native title connection to the claim area. claim area.
26 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 27 BALANGGARRA COUNTRY
Purnululu Balanggarra Combined, Balanggarra Traditional Owners waited Native Title Claim Balanggarra #3 and Balanggarra #4 more than 18 years for their native title The Purnululu claim was registered Native Title Claims and PBC / RNTBC interests to be recognised. with the National Native Title Native title claim progress Tribunal on March 27, 1995 and was The Balanggarra native title area is The outstanding native title claim in subsequently amended and re- covered by three claims; Balanggarra part Balanggarra #3, concerns six blocks registered on October 15, 1999. The Combined, Balanggarra #3 and in the town of Wyndham and has been claim covers the Purnululu National Balanggarra #4. the subject of negotiations for nearly Park in the east Kimberley and two years between the Balanggarra surrounding areas. The Balanggarra Combined and claimants, represented by KLC, and the Balanggarra #3 claims were progressed State of Western Australia. The matter Research in relation to the Purnululu concurrently and determined in full for has recently been resolved with both claim continued during the reporting Balanggarra Combined and in part for parties agreeing to settle the claim by period, including the engagement of Balanggarra #3 on August 7, 2013. On way of an ILUA the terms of which are an expert anthropologist in April 2016 November 27, 2015 the Balanggarra #4 confidential. to provide a native title connection claim was determined. report. Field research was undertaken The Balanggarra Aboriginal Corporation between June 2016 and September The claim areas cover more than RNTBC manages and holds on trust the 2016. This research will draw upon 30,343 square kilometres of country native title rights and on behalf of the previous research that has occurred in the north Kimberley including the Balanggarra people. in the area and will involve all families Wyndham Township, Kalumburu, who hold or may hold native title rights Oombulgurri and Forest River The KLC, in its role as a Native Title and interests over the area. Aboriginal reserves, Carson River Representative Body, continues to pastoral lease, parts of the Drysdale work with the Balanggarra people to The Purnululu claim is under close case River National Park and unallocated provide ongoing support and assistance management by the Federal Court. crown land at Cape Londonderry, to the PBC. With assistance from KLC, Carson River and the Cambridge Gulf Balanggarra Aboriginal Corporation Coast. held directors’ meetings on 30 September 2015, and 10-11 November
28 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 29 2015 and 16-18 February 2016 and 3-4 April 2016, and conducted the AGM native title claim was determined on May 2016, and conducted an AGM on on 19 April 2016. The TNTLAC AGM May 26, 2011, twelve years after the 29 September 2015. had been scheduled for November claim was filed in April 9, 1999. 2015 however cultural arrangements The KLC, in its role as a Native Title KLC also provided assistance to for sorry business resulted in the Representative Body, continues to facilitate Balanggarra engagement in: postponement of the AGM into 2016 work with the Wanjina Wunggurr • Negotiations on an ILUA with the (with an extension granted by the people and provide ongoing support State regarding the Kimberley Office of the Registrar of Indigenous and assistance to the PBC. The KLC Science and Conservation Strategy. Corporations (ORIC)). Assistance has assists in general compliance with the Negotiation meetings have been included logistical support for meetings corporations (Aboriginal and Torres ongoing. (directors and AGM), administrative Strait Islander) 2006 (Cth) (CATSI Act) • Meetings regarding the transfer of support in ORIC compliances, minutes and in responding to Future Acts. It a pastoral lease. The current holder for meetings and recording of has provided assistance on request of the pastoral lease later decided membership, as well as legal advice to related corporations on matters to retain the pastoral property; and, regarding Future Act matters. including governance practices. • Negotiations with Delaware North The KLC also facilitates the governance on an ILUA for El Questro. KLC also provided assistance for structures between the Wanjina the TNTLAC board to liaise with the Wunggurr RNTBC and the three related Tjurabalan Department of Indigenous Affairs in corporations, to ensure effective and PBC/RNTBC regards to the transfer of Lake Gregory efficient working relationships between and Billiluna pastoral leases. the corporate entities. The Tjurabalan Native Title Land
Aboriginal Corporation (TNTLAC) Wanjina Wunggurr claims: Miriuwung and Gajerrong #1 and RNTBC manages and holds on trust the Wilinggin, Uunguu and #4 - PBC/RNTBC: native title rights and on behalf of the Tjurabalan people. Dambimangari PBC/RNTBC The Wanjina-Wunggurr (Native The Miriuwung and Gajerrong The Tjurabalan native title claim was Title) Aboriginal Corporation RNTBC #1 (Native Title Prescribed Body determined on August 20, 2001. The manages and holds on trust the native Corporate) Aboriginal Corporation claim is in the Tanami Desert region, in title interests of the three Wanjina RNTBC and the Miriuwung and the far south-east of the Kimberley and Wunggurr claims. Gajerrong #4 (Native Title Prescribed includes the Aboriginal communities Body Corporate) Aboriginal Corporation of Ringer Soak, Billiluna, Mulan and One of the first native title claims to be RNTBC manages the native title several outstations. filed in the Kimberley, in July 17, 1995, interests of Miriuwung and Gajerrong the Wanjina Wunggurr Wilinggin native people. It was the first consent determination title claim was determined in August to be reached in the Kimberley, taking 2004. The claim covers more than Miriuwung and Gajerrong #1 native approximately six years from when 60,150 square kilometres of country in title was recognised December 9, 2003 the claim was first filed in October 25, the central north Kimberley, including and Miriuwung and Gajerrong #4 was 1995. around the Gibb River Road. recognised November 24, 2006. The Miriuwung and Gajerrong people The KLC, in its role as a Native Title The Wanjina Wunggurr Uunguu Part reached a settlement agreement over Representative Body, continues to work A claim was determined by consent the Kununurra Town site and for the with the Tjurabalan people to provide on May 23, 2011 while the Wanjina expansion of the Ord River irrigation ongoing support and assistance to Wunggurr Uunguu B claim was scheme in October 2005. the PBC. With assistance from KLC, determined by consent in November TNTLAC held board meetings on 30 2012. The KLC has not been requested to June 2015, and 22 March 2016 and 20 provide assistance to Miriuwung and The Wanjina Wunggurr Dambimangari Gajerrong.
28 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 29 Native Title Claim Update West Kimberley Region
ONE ARM POINT (ARDYALOON), BARDI JAWI COUNTRY
Bindunbur difficult decision to discontinue their Jabirr claim asserts the same laws and Native Title Claim claims to allow the Bindunbur claims to customs as the Bindunbur claim. The The Bindunbur native title claim go ahead. One Bindunbur claim, over claim group of Jabirr Jabirr are also provides a new approach to having the north, north east and central areas included in the claim group of the native title recognised on the Middle of the Middle Dampier Peninsula was Bindunbur claim. The Jabirr Jabirr claim Dampier Peninsula. Native title registered with the National Native overlaps with the Goolarabooloo claim claimants on the Middle Dampier Title Tribunal on December 13, 2013 over the area previously subject to Peninsula strategically consolidated the Goolarabooloo Jabirr Jabirr claim, claims across their country as a way The Bindunbur (Area B) claim (now which was discontinued on September to speed-up and resolve native title. combined with Area A), over Carnot 20, 2013. Native title claimants on the Middle Bay, Sandy Point and the Lacepede Dampier Peninsula share the same Islands, was filed on April 24, 2014 Goolarabooloo system of laws and customs and and previously overlapped the Djabera Native Title Claim decided it would be better to resolve Djabera claim. The Djabera Djabera The Goolarabooloo claim was native title as the one society rather claim was struck out by the Federal registered with the National Native than as individual tribal groups. Court in July 2015. Title Tribunal on December 12, 2013 Through this joint approach they and is represented by Chalk and believe they can move forward with Jabirr Jabirr Fitzgerald Lawyers. Goolarabooloo native title after previous long delays Native Title Claim commenced litigation with the funding to the process. When combined, the The Jabirr Jabirr native title claim was provided to them through Warrdi Ltd. Bindunbur claims cover more than registered with the National Native 7609 square kilometres of land and sea Title Tribunal on November 11, 2013 In October 2015 Goolarabooloo country. and is represented by Blackshield sought assistance from the KLC to Lawyers. Jabirr Jabirr commenced fund their litigation proceedings In July and October 2013, Jabirr Jabirr, litigation with funding provided after funds provided from Warrdi Nyul Nyul and Nimanburru people to them through Warrdi Ltd. The were expended. The KLC provided came together to authorise the filing KLC provided minor administrative funding to Goolarabooloo to assist of the Bindunbur native title claims. assistance to Jabirr Jabirr. The Jabirr them in the provision of witness The Nyul Nyul people also made the evidence for the hearings in April
30 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 31 2016. The Goolarabooloo claim to protect Traditoinal Owner interests Edarrbur (Rubibi #18) overlaps with the Jabirr Jabirr claim to engage in Future Acts arising from Native Title Claim over the area previously subject to mining applications in the are. Native title assistance was provided the Goolarabooloo Jabirr Jabirr claim, to Yawuru for a new claim over an which was discontinued on September Traditional Owners to the claim area unclaimed section of country within the 20, 2013. appointed KRED to provide legal Rubibi Native Title determined area. representation in the negotiation of an The new claim is over a stock route and Mayala agreement with Sheffield Resources was made in response to an application Native Title Claim with regard to mining applications. for a sand mining lease, which triggered The Mayala claim was registered with The KLC has undertaken some in- a Future Act and the requirement that the National Native Title Tribunal on house anthropological research but people who claim to hold native title July 1, 1998. The claim covers the has insufficient resources to currently in the affected area lodge a native title island and sea area between the Bardi progress the claim. The broader claim to protect procedural rights. This and Jawi determined area and the strategy is to investigate the full extent grant of assistance led to the filing of Wanjina Wunggurr Dambimangari of native title recognition to the total the Edarrbur (Rubibi #18) claim on determined area, in and around the lands and waters around the Mt November 11, 2015. The Edarrbur Buccaneer Archipelago. Jowlaenga area. (Rubibi #18) Claim was successfully registered with the National Native In the reporting period, significant Unclaimed Area between Yawuru, Title Tribunal on December 3, 2015 resources were committed to Nyikina Mangala and Karajarri anthropological research with the New Native Title Claim Yawuru – PBC / RNTBC Mayala claimants. Six family group The KLC has been undertaking The Yawuru Native Title Holders meetings were held in Broome, Derby, Traditional Owner consultations and Aboriginal Corporation RNTBC manages One Arm Point and Port Hedland anthropological research to identify and hold on trust the native title rights to discuss the progress of the claim native title interests to an area of and on behalf of the Yawuru people research. An expert anthropologist approximately 200,000 hectares was engaged to commence an expert located approximately 90 kilometres The Federal Court recognised native connection report with on country field east of Broome between the title over the town site of Broome and work occurring in October 2015 and recognised native title lands of Yawuru, surrounding areas under the Rubibi June 2016. Nyikina Mangala and Karajarri. The native title determinations. First filed KLC engaged an expert anthropologist on July 28, 1995 and after litigated A claim group meeting was held in June who undertook two preliminary field proceedings including appeals by 2016 to discuss the progress of the research and consultations trips in July the State, native title was recognised claim research, to make changes to the and August 2015. September 8, 2008 after 13 years in the applicant and to provide instruction on courts. Future Act matters. Karajarri Yanja Native Title Claim The KLC has been assisting Yawuru PBC Mt Jowlaenga and Mt Jowlaenga #2 The Karajarri Yanja claim was registered to access and arrange for the return Native Title Claim with the National Native Title Tribunal of native title materials currently held by the KLC on behalf of Yawuru The Mt Jowlaenga claims were on November 22, 2012. The claim native title holders. The KLC has been registered with the National Native covers a small area approximately developing a comprehensive policy and Title Tribunal on September 6, 2013 80 kilometres south west of Derby procedure document to facilitate the and December 15, 2014. The claims and 90km east of Broome. The claim effective engagement in the transfer of cover approximately 7 hectares over was filed to protect traditional owner native title materials back to traditional sections of the Mt Jowlaenga pastoral interests to engage in Future Acts owners. lease approximately 65 kilometres arising from mining applications in the
west of Derby. The claims were filed area
30 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 31 BARDI JAWI COUNTRY
Bardi Jawi The KLC, in its role as a Native Title cultural governance within corporate PBC / RNTBC Representative Body, continues to work governance structures. The workshop with Bardi and Jawi people to provide emphasised the difficulties faced by the The Bardi and Jawi Niimidiman ongoing support and assistance to PBC in bringing two governance worlds Aboriginal Corporation RNTBC manages the PBC. With assistance from KLC, together. The PBC worked through the and holds on trust the native title rights Bardi and Jawi Niimidiman held PBC relationship between the Native Title and interests on behalf of the Bardi and directors’ meetings on 25-27 August Act 1993 and their own traditional Jawi people. 2015, and 20-22 October 2015 and governance and decision making
17-18 Feb 2016 and 21-22 June 2016, processes. The Federal Court recognised native and conducted an AGM on 23 March title across a large area of the Bardi 2016 (extension until 31 March 2016 The KLC also provided assistance for and Jawi claim on November 30, 2005 approved by ORIC). Bardi and Jawi Niimidiman Aboriginal including exclusive possession across Corporation to explain outcomes from most of the mainland area of the claim. KLC support included logistical and the workshop to the members at
administrative support to directors’ the AGM held in March 2016. It was The Federal Court also found that meetings and assistance with the identified that the next step is to work native title did not exist across sea AGM logistics. Other support included through a cultural mapping process. country, reefs, and a number of the anthropological and legal advice Given the limited funding available islands including Sunday Island and around native title decisions and to the PBC, the KLC has suggested Jackson’s Island. corporation compliance, including applying for additional funding for
assisting with changes to the rule book capacity building available through The KLC appealed the decision in 2006 to strengthen governance. The changes the Department of Prime Minister and on March 18, 2010, the Federal have been excepted and registered and Cabinet Indigenous Advancement Court reversed its initial decision and with ORIC. Strategy for 2016/17. recognised the native title rights of
the Bardi and Jawi people across their With assistance from KLC, Bardi Funding was received in 2010 from sea country surrounding the Dampier and Jawi Niimidiman Aboriginal FaHCSIA (and auspiced through KRCI) Peninsula. Corporation held a workshop on 22 for a Bardi and Jawi Niimidiman
- 23 July 2015 to develop systems of Aboriginal Corporation office.
32 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 33 Yawinya PBC / RNTBC The Federal Court handed down the Yawinya native title determination across shared country near Eighty Mile Beach on May 25, 2012.
The determination area is comprised of the shared country of the Nyangumarta and Karajarri people, two different tribal groups who share traditional laws and cultural connection to the area.
The KLC and the Yamatji Marlpa Aboriginal Corporation acted on behalf of the Karajarri and Nyangumarta KARAJARRI PBC MEETING, OCTOBER 2015 claimants respectively to negotiate native title across 2,000 square Construction of the office began in held board meetings on 11-12 August kilometres of land and sea country October 2015 at Ardyaloon community 2015, and 28-29 October 2015 and 17 including Anna Plains Station, a portion and was completed in early 2016. November 2015 and 10-11 February of Mandora Station and Eighty Mile Further funds are required to 2016, and conducted an AGM on 18 Beach. undertake final fit-out (blinds, furniture, November 2015. This involved logistical landscaping, fencing, car park). The KLC and administrative support and non- The KLC, in its role as a Native Title is continuing to support the PBC to find commercial Future Act legal advice. Representative Body, continues to work additional funds. with the Nyangumarta and Karajarri With assistance from the KLC, KTLA people to provide ongoing support Karajarri members at the AGM in November and assistance to the Nyangumarta PBC / RNTBC 2015, authorised KTLA's involvement Karajarri Aboriginal Corporation RNTBC The Karajarri Traditional Lands with Kimberley Aboriginal Pastoral as the RNTBC for the shared area. Association Aboriginal Corporation Company (KAPCO) and sublease RNTBC (KTLA) manages and holds of Frasier Downs to KAPCO. With With assistance from the KLC, on trust the native title rights and on assistance from the KLC, financial Nyangumarta Karajarri Aboriginal behalf of the Karajarri people. services have been provided to bring Corporation RNTBC held board KTLA's financial records up to date, meetings on 18 August 2015, and The Federal Court recognised the including the production of BAS 24 March and 18 May 2016, and native title rights of the Karajarri and GST statements and arranging conducted an AGM on 17 May 2016 people in two consent determinations payments of pastoral lease fees and (with an extension provided by ORIC on December 2, 2002 and September shire rates. to permit the AGM to be held in May 8, 2004. 2016). Assistance has included logistical The KLC also represented KTLA in support of meetings (directors and The KLC, in its role as a Native Title negotiations for an ILUA with the State AGM), administrative support in ORIC Representative Body, continues to Government as part of the Kimberley compliance, minutes for meetings and work with Karajarri people to provide Science and Conservation Strategy. recording of membership, legal advice ongoing support and assistance to the regarding Future Act matters and the PBC. With assistance from the KLC, KTLA negotiations.
32 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 33 Native Title Claim Update Desert Region
NGURRARA COUNTRY
Nyikina Mangala Exclusive possession native title rights Future Act legal advice. The KLC has Native Title claim and PBC/RNTBC were recognised across more than 40 been assisting WAC to access native per cent of the claim area, including title materials currently held by the three Aboriginal pastoral stations, a KLC on behalf of Nyikina Mangala large tract of unallocated Crown land native title holders. The KLC has been in the Great Sandy Desert and smaller developing a comprehensive policy and pockets within the claim. A second procedure document to facilitate the overlapping claim was made on January effective engagement in the transfer of 30, 2015 over a small area known as native title materials back to native title Udialla in order to secure exclusive holders. possession native title rights. The claim for this area, the Nyikina Mangala #2 Nyikina Mangala costs order claim was determined on 29th Oct litigation 2015. The KLC continued to assert its right for costs to be paid by third party FEDERAL COURT PERTH The Walalakoo Aboriginal Corporation respondent Oil Basins Limited in RNTBC (WAC) manages and holds on The majority of Nyikina Mangala native relation to a failed legal bid to stop trust the native title rights and interests title claim was determined on May 29, the Nyikina Mangala native title on behalf of the Nyikina Mangala 2014 after nearly 15 years (the claim determination. His Honour Barker J people. being filed on September 21, 1999). made an order that Oil Basins Limited
Native title rights are recognised across pay those costs to the KLC on an The KLC, in its role as a Native Title more than 26,000 square kilometres. indemnity basis. Oil Basins Ltd appealed Representative Body, continues to work the decision to the Full Court of the with Nyikina Mangala people to provide The area of exclusive and non-exclusive Federal Court but this appeal was support and assistance to the WAC native title rights extends from the unsuccessful. The appeal court ordered when needed. WAC has required little mouth of the King Sound below Derby, Oil Basins Limited to pay the costs support from KLC with assistance being along the Fitzroy Valley to Noonkanbah of the appeal, in addition to the first provided mostly in logistical support and south into the Great Sandy Desert. for their AGM and non-commercial
34 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 35 Bunuba, Bunuba #2 and Bunuba #3 Native Title claim and PBC/RNTBC There are three native title claims across Bunuba country in the central Kimberley area near Fitzroy Crossing.
The Bunuba Combined claim was registered with the National Native Title Tribunal on August 20, 1999 and Part A of this claim was determined by consent at an on-country sitting of the Federal Court on December 12, 2012.
The Bunuba #2 claim was registered with the National Native Title Tribunal BUNUBA NATIVE TITLE DETERMINATION - FEDERAL COURT PERTH, 12 DECEMBER 2015 on May 10, 2012 and covers, amongst other places, the Fitzroy Crossing round of costs which has been formally adjacent to existing native title claims Township. The Bunuba #3 claim relates calculated at $160,000. in the area. to a small pocket of country excised from the Bunuba Combined claim prior Oil Basins Ltd sought a review of the The claims as a group became the to the determination of Part A of the taxation of the costs order and then subject of Federal Court directions. In claim. appealed the taxation to the Full July 2015 the claim groups authorised Federal Court. The KLC continues to combine the Warrwa and Warrwa #2 The Federal Court Hearing of the to represent the Nyikina Mangala claim into the Warrwa Combined claim, Bunuba Part B, Bunuba #2 (Part A) applicant. which was registered with the National and Bunuba #3 Claims was heard in Native Title Tribunal on November Perth on 22 December 2015. Native Warrwa Combined Claim and 26, 2014. The KLC was instructed to title was successfully recognised for Mawadjala Gadjidgar Claim (Point represent the Warrwa Combined and the Bunuba Part B and Bunuba # 3 Torment) Mawadjala Gadjidgar native title claims, claim areas. Bunuba #2 proceeded as Native Title claim and Hopgood Ganim was instructed a part determination with native title to represent Warrwa and Mawadjala recognised over all but a small area The Warrwa native title claim was Gadjidgar on all future act matters. of land covered by an overlapping registered on October 13, 2010 and native title claim that was lodged on 21 the Mawadjala Gadjidgar claim was The KLC is aware that there are persons December 2015 (Warlangurru #2). registered on June 23, 2011. The claims who are not members of the Warrwa cover an area across Point Torment in claim group who assert native title The Bunuba Dawangarri Aboriginal the west Kimberley and a smaller area rights and interests in part of the Corporation RNTBC manages and over the eastern side of Derby. Warrwa Combined Native Title claim holds on trust the native title rights
area. The KLC has been conducting and interests on behalf of the Bunuba These claims were lodged in response anthropological research to prepare people. to Future Act pressures at the time. native title connection information On October 3, 2012 a Warrwa #2 claim to identify the full extent of the area The KLC, in its role as a Native Title was filed by a group represented by a of Warrwa native title rights, and to Representative Body, continues to private law firm (Hopgood Ganim) that identify who holds or may hold a native work with Bunuba people to provide covered all remaining unclaimed area title interests in these claims. support and assistance to the Bunuba
34 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 35 KURUNGAL NATIVE TITLE DETERMINATION HELD AT NGUMPAN, 1 DECEMBER 2015
Dawangarri Aboriginal Corporation evidence to register the claim with the Warlangurru applicant and a new when needed. KLC was instructed National Native Title Tribunal resulted lawyer engaged in March 2016. Both in December 2015 by the Bunuba in further anthropological research the Warlangurru Claims and the Dawangarri Aboriginal Corporation to being required. Warlangurru #2 Claim are currently represent them for all Future Acts on before the National Native Title Bunuba Lands and the KLC is working The KLC commenced further research Tribunal awaiting assessment for with Bunuba during the transition in 2015. An application was made by registration. period from their previous legal Warlangurru to file a second native representatives. title claim which overlapped part of Area between Bunuba and Yi- the Bunuba #2 claim. The KLC grants Martuwarra Ngurrara The KLC has also been requested to committee rejected the application Dispute Resolution and Native Title engage under a service agreement to for native title assistance to file an Claim application provide legal advice with regard to ILUA overlapping claim. Mediations commenced in December negotiations on the Kimberley Science 2015 between Bunuba and Yi- and Conservation Strategy. The KLC provided facilitation assistance Martuwarra Ngurrara to resolve a The KLC has also been requested to to mediate, under the KLC’s dispute native title dispute over the south engage under a service agreement to resolution functions, regarding the eastern area of the Bunuba #2 provide legal advice with regard to ILUA overlapping interests asserted by claim. Mediations continued and an negotiations on the Kimberley Science Warlangurru. The KLC facilitated a agreement between the respective and Conservation Strategy. mediation meeting with both Bunuba PBCs was drafted in June 2016. and Warlungurru Traditional Owners on Commitments were also made Warlangurru and Warlangurru #2 November 26, 2015. Information was to progress a new claim over the Native Title Claims and Dispute provided on the history of the area and unclaimed area between Bunuba and Resolution the extensive connection research and Yi-Martuwarra Ngurrara, referred to findings identified to date. Proposals In 2014 the KLC was requested to as Area C. The KLC engaged an expert were identified to resolve the matter file a claim over an area of country anthropologist to commence native including to acknowledge historical in the Fitzroy Valley located north title research over the area. interest over the area. of Noonkanbah determination area
and bounded by the Bunuba and Area between Bunuba and Yi- Warlungurru filed the Warlangurru Yi-Martuwarra Ngurrara native title Martuwarra Ngurrara #2 claim overlapping the southern claims. Anthropological research Native Title Claim and PBC / RNTBC boundary of the Bunuba #2 claim was undertaken in June 2014 with There are currently two native title on December 21, 2015. The KLC’s a preliminary report provided. The determinations and one native title representation of the Warlangurru Warlangurru claim was authorised in claim across Ngurrara country, which Claim was disengaged by the October 2014 however insufficient extends south into the Great Sandy
36 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 37 Desert and north into the river country The Gooniyandi Combined claim was Corporation held board meetings on around Fitzroy Crossing. determined by consent at an on- 10 September 2015 and, 5 November country hearing of the Federal Court 2015 and 19 February 2016, and The native title claim, Ngurrara, filed on June 19, 2013. conducted an AGM 3-4 November March 22, 1996 was successfully 2015. KLC provided administrative determined in part on November 9, The Gooniyandi native title area covers support to Gooniyandi Aboriginal 2007. The second part of the native 11,200 square kilometres of land and Corporation and logistical support in title claim, Ngurrara Area B, was water and includes the Indigenous- organising and holding their AGM. successfully determined in November owned pastoral stations of Bohemia 2012. A second claim, Ngurrara 2 Area Downs, Mt Pierre and Louisa Downs Kurungal C was filed December 3, 2008 and was and portions of the non-Indigenous Native Title Claim successfully determined in November owned Christmas Creek, Gogo, Fossil The Kurungal native title claim was 2012. Downs, Larrawa and Margaret River registered with the National Native pastoral stations. Title Tribunal on December 1, 1997. The Yanunijarra Aboriginal Corporation The claim covers a portion of the RNTBC manages and holds on trust About 50 per cent of the native title Christmas Creek pastoral lease that is the native title rights and interests on claim is exclusive possession – the north of Christmas Creek and south of behalf of the Ngurrara people. highest possible form of native title the Northern Highway. rights and interests. The third native title claim, Yi- After considering further connection Martuwarra Ngurrara, was registered The Yarrangi Riwi Yoowarni Gooniyandi evidence provided by the KLC in with the National Native Title Tribunal claim was registered with the National June and October 2013, the State on February 29, 2012. Negotiations Native Title Tribunal on February 15, Government indicated in-principle are ongoing with the State and 2013. The claim is progressing as an support for a consent determination other parties on the terms of a Area A and Area B claim. The terms in early 2014, subject to the applicant determination of native title. of a consent determination for Area reaching a co-existence agreement B have been agreed to by the parties with the holder of the Christmas Creek Negotiations were undertaken and the Federal Court has scheduled pastoral lease. Negotiations towards between applicants and the lease a consent determination hearing for this agreement were overseen by a holder of Christmas Creek Station the second half of 2015. A desktop Federal Court Registrar and included to reach consent for a co-existence report from an expert anthropologist a number of negotiation meetings agreement (ILUA) in October 2015. on traditional interests in Area A has between Traditional Owners and the been completed, and field research pastoral lessee, with agreement on an The KLC, in its role as a Native Title has commenced. The first round of ILUA reached in October 2015. Representative Body, continues to work on-country research was undertaken
with the Ngurrara people to provide in May 2016 however due to poor The Federal Court hearing of the ongoing support and assistance weather conditions this research was Kurungal claim was held on country to the PBC - Yanunijarra Aboriginal cut short and was conducted in July on December 1, 2015. Non-exclusive Corporation RNTBC. 2016. Native Title was successfully
recognised for Kurungal. The consent KLC provided administrative and The Gooniyandi Aboriginal Corporation determination made in December logistical support in organising and RNTBC manages and holds on trust 2015 is to take effect once the RNTBC holding director meetings and an AGM. the native title rights and interests on has been formally established. Yanunijarra Aboriginal Corporation held behalf of the Gooniyandi people.
board meetings on 20 August 2015 Noonkanbah and, 3 December 2015 and 1-2 March The KLC, in its role as a Native Title PBC / RNTBC 2016 and 10 May 201, and conducted Representative Body, continues to an AGM on 18-19 August 2015. work with Gooniyandi people to Noonkanbah native title was provide support and assistance to the recognised on April 27, 2007. Gooniyandi Combined & Yarrangi Gooniyandi Aboriginal Corporation Riwi Yoowarni Gooniyandi when needed. With assistance from The Yungngora Aboriginal Corporation Native Title Claim and PBC / RNTBC the KLC, the Gooniyandi Aboriginal RNTBC manages the native title interests of the Noonkanbah people.
36 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 37 Looking after country Land and Sea Management
NYUL NYUL RANGER ZYNAL COX ON COUNTRY
Introduction direction in which to progress projects. The Land and Sea Management Unit Looking after Country is an integral Each team of rangers is governed by a works in close partnership with native part of the Kimberley Land Council’s Healthy Country Advisory Committee, title groups and Registered Native Title vision. The Land and Sea Management comprised solely of senior community Bodies Corporate (PBCs) with a whole Unit works with Traditional Owners leaders. This group directs the rangers of organisation focus on strengthening to achieve the cultural, social and on cultural matters and supports them capacity for PBCs to manage and environmental outcomes they want to in implementing effective work plans, deliver project activities and strengthen see happen on the ground. The unit managing staff and budgeting. their native title rights. strives to build strong foundations for the long-term sustainability of The Land and Sea Management Long-term planning programs to create a lasting legacy for Unit fosters and enhances cultural The Land and Sea Management Unit the next generation. connection to land and sea country will continue to work with Traditional and uses a combination of traditional Owners to create and review Healthy The Land and Sea Management Unit knowledge with modern science Country Plans. These documents are (LSMU) was established in 1998 and its to achieve best practice methods developed over months of community projects are far reaching, covering all and environmental outcomes. It consultation and analysis of the cultural aspects of cultural and environmental also focuses on delivering direct and natural environment so that groups management including the employment and training opportunities can identify priorities and targets. Once implementation of traditional burning for Kimberley Aboriginal people while the process is complete Traditional practices, wildlife and biodiversity enabling Traditional Owners to remain Owner groups will have developed monitoring and the passing on of living on country in remote areas. a long-term vision for country that traditional knowledge and cultural Traditional Owners and land and sea practices from old people to young The Land and Sea Management Unit staff can work to achieve, either by people. continued to grow in the reporting enhancing the viability of identified period with its projects now comprising targets or managing the target threats. Kimberley Traditional Owners are more than half of the operational work The Land and Sea Management Unit at the forefront of all activities and at the KLC. Staff members are based also works to ensure each ranger group provide instructions to the KLC on the across many locations in the Kimberley. conducts activities that are in line
3838 KimberleyKimberley Land Land Council Council 2016 2016 Annual Annual Report Report Kimberley Land Council 2016 Annual Report 39 RANGER SAFETY COMMITTEE AT 2016 HEALTHY COUNTRY FORUM
with the direction and vision of their Owners, further increasing local pride Ranger Network. In January 2016 relevant Registered Native Title Bodies and ownership over the program. the KLC engaged a dedicated Safety Corporate. Communications Officer to drive the Career progression from ranger to implementation of the organisation’s In the Kimberley network, nine of the senior ranger to ranger coordinator Occupational Health and Safety 12 native title groups the KLC works is possible because of the ongoing (OHS) framework at all levels of the with have Healthy Country Plans. These commitment and passion that organisation, and particularly to long-term management plans are rangers have to their profession. In improve workplace safety among invaluable in communicating priorities order to better guide further career rangers in the field. Progress so far has to external partners and directing development, Broome senior managers included: the annual work planning sessions have used the SMART (specific, of ranger groups. The Land and Sea measurable, achievable, realistic Safety rangers and committees Management Unit will continue to work and time bound) methodology to • All ranger groups have nominated to find the resources needed to assist better articulate career development a safety ranger responsible for the remaining three groups to develop pathways, primarily focused on taking the lead on safety in the Healthy Country Plans. leadership development skills. field, including leading planning
meetings, conducting regular safety The same methodology will increasingly Highlights checks of Personal Protection Ranger coordinators be used to articulate more specialised Equipment (PPE), other equipment, ranger roles such as fire operations Ranger coordinators play an important communications, first aid and fire officers, drone operators and other role role in leading the on ground extinguishers, as well as attending diversifications. delivery of ranger programs. Ranger training and meetings, and
coordinators also take on considerable contributing to develop ranger- Keeping rangers safe: Workplace responsibility in planning, prioritising appropriate OHS materials, and budgeting the year's work. In Health & Safety Report 2015-2016 • A Ranger Safety Committee has been the 2015-16 financial year five of the The past financial year has resulted established to provide a forum for thirteen KLC ranger coordinators across in a number of important safety safety rangers to share experiences the Ranger Network were Traditional developments for the Kimberley
38 Kimberley Land Council 2016 Annual Report KimberleyKimberley Land Land Council Council 2016 2016 Annual Annual Report Report 3939 and advice, ensure feedback • Standardising OHS documentation Regionalisation from the field is communicated across other areas of the As the Kimberley Ranger Network to management and actioned organisation, grows, so does the need to provide appropriately. • Ensuring OHS is included on the high level support for all groups, agenda at senior staff meetings, ensuring that support is both accessible Safety ranger bases and operations and integrated into job descriptions to individual groups and responsive to • Established clear safety goals and across the organisation. individual needs. A new regional Land measurable targets for ranger and Sea Management Unit structure groups’ equipment and operations, Site visits and training has been implemented to achieve both at the base and in the field, The Safety Communications Officer has this aim. The region has transitioned • Regular OHS inspections are conducted safety workshops with 10 of from being supported as North and completed at all remote ranger 12 ranger groups, including: South regions, to the North and East bases, • OHS site inspections, Kimberley, the West Kimberley and the • Allocation of funding to purchasing • Developing remote emergency Central and Desert Kimberley. This new safety equipment including PPE, first procedures, structure better aligns with the existing aid kits, fire extinguishers and safety • Workshopping team safety goals, native title structure and is seeing signage to improve ranger groups’ • Developing safety and maintenance increased positive interaction between adherence to Australian Standards, schedules, these connected units. • More than 90 per cent of Kimberley • Refresher training in remote This structure sees the introduction of rangers have completed accredited communications, first aid, fire three sub-regional program managers Provide First Aid, the majority having extinguishers and core ranger and three ranger development officers. completed remote First Aid Training activities, These positions are designed to serve relevant to their remote work • In-house training in basic OHS the operational needs of ranger groups, location. concepts e.g. Risk Assessment, deliver professional development
incident reporting, and Kimberley outcomes and ensure clear strategic OHS Framework: Improving our Land Council OHS documentation, direction is set in order to continue to systems and documentation • Mentoring safety rangers in their grow the Kimberley Ranger Network. • Implementing KLC’s OHS Framework role, developing appropriate goals including OHS policies, procedures, and duty statements, Purnululu Ranger Forum standard operating procedures and • Better integration of Kimberley Purnululu provided the stunning checklists in close consultation with Land Council materials and OHS backdrop for the Kimberley Ranger ranger groups, concepts into other training e.g. Fire Forum held between 28-30 July 2015. • Ongoing development of the Field Operations literacy and numeracy Approximately 250 people attended the Safety Manual, forms, Safety Ranger workshop, conservation and land three day event, including 16 ranger Handbook, template forms, posters management units, remote first aid teams, with people travelling from as and other resources to ensure and business administration training, far afield as Maningrida. they are appropriate, practical and • Liaising with training agencies to relevant to Indigenous rangers ensure targeted, appropriate and The forum is a ranger driven event working in remote areas, practical OHS training. with a focus on skills development and • Clarifying the process for incident • The 2015/16 financial year has the sharing of knowledge. Highlights reporting, actioning and review, resulted in many achievements included video production, trailer • Establishing a system for ongoing and Kimberley Land Council staff maintenance, butchery, first aid and monitoring and review of the together with Kimberley rangers construction. Rangers also took the framework via the KLC Risk Register, are excited about further progress opportunity to share and present on Document Matrix and Ranger Safety during the next financial year. NERP (National Environmental Research Targets, Program) projects that they have
4040 KimberleyKimberley Land Land Council Council 2016 2016 Annual Annual Report Report Kimberley Land Council 2016 Annual Report 41 RANGERS AND STAFF AT THE KIMBERLEY RANGER FORUM AT PURNULULU
undertaken on country. people’s experience in working on The Nature Conservancy, PEW environmental projects. The ranger Environment Group, Bush Heritage It also provided a fantastic opportunity teams, Ngurrara, Kija, Bardi Jawi, Nyul Australia, the Australian Conservation for rangers to network with other land Nyul and Karajarri, have worked with Foundation, WWF Australia, the management professionals across the Department of Environment to use National Environmental Research the region, as well as showcasing the this program alongside everyday ranger Program, Rangelands NRM, Shell Social skills and knowledge of the Kimberley work, the outcome of which has been Investment Fund, Indigenous Business Ranger Network to attending partner the creation of 30 additional training Australia, Jawun, United Nations organisations. positions of which close to one half are University, Indigenous Community women. Volunteers, Australian Government This fabulous week was capped off with Department of Agriculture and Water dancers from the Warmun Art Centre, Partnerships Resources, WA Department of Parks on country tours hosted by Traditional The Land and Sea Management and Wildlife, the Western Australian Owners, and a band night worthy of the Unit fosters partnerships with many Department of Fire and Emergency million star backdrop. A huge thankyou external agencies including the Federal Services and the Western Australian to the Kija Rangers for the massive Government, State Government, Department of Corrective Services. effort to make this event happen in non-government environmental such a remote location. organisations and philanthropic groups. Ngurrara 2 way Learning Project It is also working to form international The Ngurrara 2 Way Learning project Green Army alliances with other Indigenous is a two and half year cultural and In the 2015-2016 financial year the peoples. environmental program that combines Land and Sea Management Unit western science and traditional assisted five ranger groups to work Some of the main project partnerships knowledge. It aims to build the with the Green Army as a means that were strengthened during the capacity, aspirations and employability of creating additional positions to reporting period included working skills of Ngurrara youth, who live complement their ranger teams. The relationships with the Department across a number of remote Aboriginal Green Army is a national environmental of Prime Minister and Cabinet, communities in the Kimberley. program which aims to build young the Department of Environment, More than 120 young people, including
40 Kimberley Land Council 2016 Annual Report KimberleyKimberley Land Land Council Council 2016 2016 Annual Annual Report Report 4141 NGURRARA 2 WAY LEARNING PROJECT - CULTURAL CAMP AT KURLKU
at least 10 that are unemployed will and good performance. Cultural Enterprise Hub be engaged in a study that captures The Kimberley Ranger and Indigenous both the science and traditional A University of Western Australia Protected Area (IPA) Network is ecological knowledge of culturally masters student is working with rangers facilitated by the Kimberley Land and environmentally significant water to build capacity in the areas of water Council with investment from the sources in the northern Great Sandy monitoring and evaluation. Through Australian Government and strategic Desert. this project the rangers have achieved partners. Certificate III qualifications in water The Ngurrara 2 Way Learning project sampling and testing water and are Over the past eight years the Kimberley has three intertwined components refining their skills on regular trips to Network has achieved outstanding - environment, education and the water sources identified in the success with 13 ranger groups employment. Integral to all the project. The rangers have installed employing approximately 100 full-time components is a strong cultural base, two new weather stations, numerous Indigenous rangers, working across founded in the guidance and mentoring data loggers into existing bores and 350,000 square kilometres of native of Ngurrara elders and the Ngurrara monitoring bores and barometric title country. Eight IPAs cover an area Rangers working with young people in pressure loggers. of 90,000 square kilometres and a culturally appropriate and sustainable have leveraged diverse partnerships way. A 2 Way community cultural Through a focus on training and and investment into Indigenous led education officer has been employed skills development, the rangers have conservation. part-time to facilitate the project and put themselves in a strong position mentor the youth involved, bridging the to secure fee-for-service contracts A recent social return on investment two knowledge systems with the aim of in water monitoring. The Ngurrara study found that for every $1 invested finding some interesting similarities. Rangers and the Yanunijarra Aboriginal into ranger programs the social return Corporation have identified the ranges from $1.50 to $3.40 . However, Targeted in the program are four collection of strong baseline data political uncertainty in relation to remote schools of which the rangers to identify changes on country as a program reinvestment and policy will play a pivotal role in implementing priority and valuable management tool changes hinders long-term planning. an incentives program for attendance to inform future conservation activities The demand for ranger positions is also
42 Kimberley Land Council 2016 Annual Report 42 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 43 high and in some of the more remote that responds and adapts to new • Collaboration with the Business locations the ranger team provides innovations. Council of Australia to promote almost 50 percent of the available jobs and drive voluntary demand for in the community. During the reporting period, the Indigenous carbon credits, KLC invested significant time and • Relationships within the Australian As a result, there is a need for a resources into refining the Hub philanthropic network were diversified revenue stream which business model which foundations established and seed investment will strengthen the Kimberley Ranger are built on a partnerships model. from a private donor for the Hub Network business model, sustain Relationships across the corporate, was secured. growth and enable scale up of social philanthropic and government enterprise opportunities. To meet sector were strengthened. To ensure the Hub model is owned and driven by our members, workshops this need the KLC is establishing the Key outcomes include: Cultural Enterprise Hub (Hub). The Hub were held with rangers, cultural • Development of the Cultural will provide cultural and environmental advisors, PBC directors and KLC staff. Enterprise Hub business plan in business expertise and services to Many ideas were generated which partnership with Social Ventures Prescribed Bodies Corporate (PBCs) and informed and led the design of the Hub Australia, ranger teams with the goal of building business plan. Continued investment thriving enterprises on country. • A study tour, facilitated by from Jawun Corporate Partners of The Nature Conservancy, of skilled secondees enabled KLC to refine Built on a social enterprise model, conservation financing models in the business model. the Hub will focus on leveraging Canada and USA, the skills gained by rangers through • Signing of a Memorandum of A detailed review and consideration their land and sea work to nurture a Understanding between the KLC of the Hub governance structure in culture of entrepreneurship in remote and Australian Conservation June 2016 assisted the KLC Board and communities with the long-term vision Foundation in relation to the Hub executive team to clearly identify the of building a culturally empowered, with a focus on building ranger strategic vision, mission and goals. thriving and prosperous Kimberley culture and nature based tours, Based on these objectives governance options where considered. Aboriginal community. • A corporate partner’s informal
carbon core benefit discussion Based on the interests of PBCs and The five year goals of the Hub are to: group was convened to consider rangers the initial focus of the Hub ways to establish a voluntary 1. Share best practice knowledge is on work with PBCs to register new market and drive demand within and expertise to grow sustainable carbon projects and establish cultural the corporate sector for Indigenous enterprises that enhance and and nature based ranger tours. KLC produced savanna carbon credits, protect the cultural and natural will continue to focus on establishing values of the region, • The opportunity to establish an the Fund as the financial model which 2. Increase the number of Aboriginal international network of Indigenous will sustain long-term investment into people gaining income and savanna fire carbon projects, in Kimberley cultural enterprises. employment on country, partnership with the United Nations University, was investigated, 3. Strengthen the Kimberley Network To grow success the KLC is starting on a and share knowledge through • Continued collaboration with The small scale to develop ranger business cultural exchanges, Nature Conservancy and Indigenous ideas in parallel to raising funds Land Corporation in relation to and formally launching the Cultural 4. Provide intergenerational registration of new savanna carbon Enterprise Hub. This approach enables investment into Kimberley projects, strategic fire operations the KLC to build a dynamic model that cultural enterprises through the and development of Cultural can respond to local needs. A key pillar establishment of a Fund, Enterprise Hub business model, of the approach is focused on building 5. Build a dynamic organisation
Kimberley Land Council 2016 Annual Report 43 42 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 43 AERIAL BURN
the business capability of rangers and levels of support, right way fire In the 2016 fire season about 60 PBC Directors which in turn builds a activities have the potential to Traditional Owners participated in the culture of entrepreneurship, ensures enable Traditional Owners to spend project, spending 41 nights in remote professional services are delivered and more time on country, take care of camps on country or at ranger bases businesses are well managed. important cultural sites, facilitate out bush (Truscott and Kandiwal). The the sharing of traditional knowledge helicopter travelled more than 50,000 As a transition phase to the across generations and achieve the kilometres in the north Kimberley establishment of the Hub a business conservation and cultural outcomes and spent 370 hours on aerial fire unit within KLC was formed. The identified in Indigenous Protected Area management. Through conducting Land and Sea Management Unit fire and Healthy Country Management strategic early dry season burns, operations and carbon services were Plans. Traditional Owners created fire breaks transitioned into the business unit and used patch burning to reduce based on the savanna fire and carbon During the reporting period, north fuel loads as a way to protect country business focus. Kimberley ranger groups took part in from large scale wildfires and result an Ecological Fire Workshop facilitated in a mosaic fire pattern over time. Healthy Country Fire Operations by fire managers from the KLC. This Balanggarra, Wilinggin and Wunambal workshop provides an in depth review Gaambera Traditional Owners also The Land and Sea Management Unit of previous years’ effort in managing completed fire walks to conduct on- works with Traditional Owners and fire, information on fire behaviour, ground burning around sensitive sites. ranger groups to undertake right way best practice techniques for managing fire activities across the Kimberley. fire and considerations to understand The 2016 fire season saw a large Right way fire activities involve for each habitat or vegetation type increase in prescribed burning Traditional Owners and Indigenous throughout the Kimberley region. The activities by KLC ranger groups and rangers conducting strategic burns on workshop was attended by Wilinggin, Traditional Owners in the central, country in the early dry season to stop Uunguu, Dambimangari, Balanggarra east and southern Kimberley areas. the spread of large destructive late and Kija ranger groups. Fire management activities included season wildfires and reduce the total more than 300 days of on-ground area of the region burnt by fire. Fire managers working on the North prescribed burning by the Karajarri,
Kimberley Fire Abatement Project Nyikina Mangala, Nyul Nyul, Bardi Jawi, Reinvigorating this traditional method continued to undertake annual fire Ngurrara, Gooniyandi and Kija ranger of managing country improves planning workshops and conduct groups between February and August environmental outcomes for the traditional burns both on the ground 2016. Due to low levels of rainfall and Kimberley region. With appropriate and through the use of helicopters. an early curing of grasses, prescribed
44 Kimberley Land Council 2016 Annual Report 44 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 45 RANGERS UNDERTAKING BURNING ACTIVITIES
burning commenced earlier than usual country management activities, The KLC is continuing its work with the with Karajarri and Nyikina Mangala particularly healthy country fire Australian Government and native title commencing burning in February and operations. holders to broaden opportunities for the Gooniyandi Rangers were engaged more native title groups to be able to in suppressing a wildfire threatening As part of this work, the KLC has participate in carbon projects. Bayulu Community. continued to support Aboriginal corporations that have carbon projects This early dry season prescribed already operating, providing assistance burning creates firebreaks to protect with carbon reporting, record-keeping communities, infrastructure and fire and compliance. sensitive habitats, while establishing a network of strategic firebreaks across The KLC has also focused on identifying the landscape. More than 70 hours opportunities for more native title of aerial prescribed burning was also groups to register carbon projects. conducted by KLC ranger groups in the east Kimberley and over 30 hours in the This has involved undertaking feasibility Great Sandy Desert. This work will help studies of which groups may be able tprotect over 42,000 square kilometres to do savanna burning projects, and of native title areas from late dry starting to work with native title groups season wildfires, which are considered who have an immediate opportunity to to be the main threat to the region’s pursue a carbon project on how to set- biodiversity, pastoral stations and up a carbon project. cultural sites. More than 70 Traditional Owners were employed as advisers or The KLC has also engaged extensively casual staff. with the Australian Government, donors and the international People, Country and Climate community to increase support for initiative Kimberley Aboriginal carbon projects, emphasising that Indigenous carbon In 2015-16, the KLC continued its work projects should receive a higher price with native title holders to provide for the emissions reductions they information and support in relation deliver, due to the extensive social and to carbon projects. Carbon projects environmental benefits they provide. provide a way for native title holders to leverage income to support healthy
Kimberley Land Council 2016 Annual Report 45 44 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 45 Looking after country Kimberley Ranger Network Ranger Group Updates
BALANGGARRA RANGERS
Balanggarra Rangers and destroyed. The exercise was Country in July 2015. The rangers are The Balanggarra Rangers have supported by the Australian Quarantine documenting the rock art on their continued to deliver high quality and Inspection Service on a fee for data collection tablets for use in services across their native title and service basis and provided an excellent future management planning activities Indigenous Protected Area. opportunity for rangers to put their including fire planning and site trip planning and maritime skills to the management field trips. The group’s flagship goanna project at test. The rangers have also undertaken Oombulgurri came to an end in April a two week snubfin dolphin survey with Bardi Jawi Rangers with the last trip to survey populations Murdoch University in the same area, The Bardi Jawi Rangers continued on the floodplains. The work initially highlighting the important role rangers to achieve strong outcomes in the supported the PHD field work for a play in facilitating research in remote reporting period. Sydney University student and later and challenging areas. developed into a joint partnership with In November 2015, the Middle the Western Australia Department of Balanggarra Rangers also assisted the Beach and Pender Bay Bardi Jawi Parks and Wildlife and the rangers. Department of Parks and Wildlife with Repatriation event was undertaken Balanggarra is now looking at options a large scale biodiversity survey at the over two days. The event was hugely to continue working from their satellite mouth of the Drysdale River in order to significant and emotional for the Bardi base at Oombulgurri to support more better understand animal populations Jawi community. The Bardi Jawi men’s research as well as pursuing their own and diversity before the predicted and women’s ranger groups played healthy country objectives including arrival of cane toads. The rangers a significant role, contributing time, weeds and feral animal management, engaged Traditional Owners from expertise, boats and vehicles for the and back to country trips. Kalumburu to join in the survey and event. assist with this work. During the reporting period the Another highlight from the reporting rangers completed a successful marine Another major highlight of period included the turtle tagging debris survey of Lacrosse Island and the reporting period was the project, with rangers tagging a total of surrounding beaches to the north commencement of the Kimberley 30 green turtles and satellite tagging west, with objects located, recorded Visions Rock Art Project on Balanggarra six sub adult turtles. These turtles
46 Kimberley Land Council 2016 Annual Report 46 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 46 Kimberley Land Council 2016 Annual Report 47 BARDI JAWI OORANY RANGERS IN THEIR SEED NURSERY
have been sending signals to the York, Central Land Council staff and One of the highlights was the international sea turtle.org website, Docker River Rangers with the support establishment of a small mammal which compiles important data of PEW Environment Group to travel to monitoring program using camera necessary for their ongoing protection. Canberra and help launch the "Working traps. In late 2015 at least two for our Country" report, a review of nationally listed threatened species, Bardi Jawi Rangers were also engaged the Social and Economic benefits of the northern quoll and Golden- by the One Arm Point Remote Indigenous Land and Sea Management. backed tree-rats and possibly Community School to deliver the first golden bandicoot, were discovered cultural awareness course to staff in Another highlight included Bardi on Chambers Island. Without March. The course was delivered to 10 Jawi Oorany rangers presenting Dambimangari Indigenous rangers new school teachers and was extremely in November at the Australian conducting this work independently it well received. The Department of Child Society of Limnology and the New would not have been known that these Protection (DCP) and Family Support Zealand Freshwater Sciences Society species existed on this island off the also engaged the rangers on a fee for Conference in Wellington New Zealand. Kimberley coast. service basis in late April to deliver the The presentation focused on the work cultural awareness package to 70 DCP the women and elders had been doing Dambimangari Rangers conducted staff. with PHD Candidate Michelle Walker a range of other conservation and on freshwater (oola) in Bardi Jawi land management activities during The Bardi Jawi ranger group strongly country. the reporting period, including a represented the Indigenous Protected feral animal aerial survey, working in Area (IPA) and Working on Country Dambimangari Rangers partnership with scientists to monitor (WOC) program in this reporting period The Dambimangari Ranger and IPA dolphins, dugongs, turtles, crocodiles at various events. In November Ranger program had another strong 12 month and speartooth sharks, as well as Coordinator Phillip McCarthy and IPA period, with a number of important ongoing joint management of Lalang- Coordinator Daniel Oades joined Land projects undertaken. garram Camden Sound Marine Park. and Sea Managers from Dhimurru, Ngaju Conservation, Olkala in Cape The team also continued the landscape
Kimberley Land Council 2016 Annual Report 47 46 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 47 KARAJARRI TRADITIONAL OWNERS AND RANGERS
scale fire management project and The rangers completed early season Another highlight for the rangers has sale of carbon credits, and for the first burning, both on the ground and with been the development of a positive time since the Department of Defence the use of helicopters. Operations working relationship with pastoralists acquired Yampi in the 1970s, the team were predominately focused on Mt that occupy Gooniyandi Country. Joint worked within the Military Training Pierre Station, with a number of fee programs, involving weed and feral Area. for service burns also carried out. The animal management, early season expertise of rangers was also called burning, and fire suppression occurred Other highlights included the upon to protect Karnparrmi, Bayulu and in the reporting period and have led to launching of a visitor management Gillarong communities from a wildfire improved outcomes and greater access system, significant progress on the that threatened these communities to country. Dambimangari language database, during the reporting period. implementation of the Dambimangari The Gooniyandi Aboriginal Corporation, weed management plan and significant Gooniyandi Rangers have also been supported by the rangers, is continuing progress in reaching the goal of heavily involved with the Bush Ranger to develop its office space and ranger coxswain qualifications for DAC rangers. Program in Fitzroy Valley. The program base at Bayulu Hills. Already a number has seen rangers work closely with of events have been hosted at the In line with the wishes and strong three schools, in particular the Fitzroy site and rangers are looking forward capacity of the Dambimangari PBC, the Valley District High School. The to developing the area further as IPA contract will be handed over to the rangers ran a number of 'on country' the centre of Gooniyandi business Dambimangari Aboriginal Corporation workshops with the high school, operations. (DAC) in the 2016-2017 financial year. ranging from wildlife monitoring and trapping to fire training and water Karajarri Rangers Gooniyandi Rangers quality monitoring. As a result of this The Karajarri Rangers spent the The Gooniyandi Rangers continued successful program, the rangers have reporting period working hard to to work strongly as a team during the now brought on a work experience achieve a number of successful 2015-16 reporting period to carry out student to work with them one day per outcomes. a wide range of tasks to better care for week. country.
48 Kimberley Land Council 2016 Annual Report 48 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 48 Kimberley Land Council 2016 Annual Report 49 In March this year the Karajarri Visitor who assist the work undertaken by Kija The men’s and women’s ranger teams Permit System was launched, officially Rangers. have continued to grow and develop, inviting visitors to the Port Smith and with six new positions commencing Gourdon Bay area. The rangers now In the 2015-16 reporting period the through the Green Army program regularly patrol the area, interact with main projects undertaken by Kija this period. With a large team comes tourists, work to enhance the area, Rangers included the Flames and a greater capacity to carry out such as constructing shade shelters and Feathers project, Bellyache work and work requiring effective planning to walking trails, and monitor and manage fee for service contracts. By conducting maximise positive outcomes. environmental and cultural impacts. prescribed burning the group is protecting local Gouldian Finch and A key achievement during the reporting The Karajarri Land and Sea Program Purple Crowned Fairy Wren habitat period was the launch of the online has also officially launched its located on four Indigenous pastoral version of the Ngurrara Cultural women's ranger program which aims stations. The group also completed Database at Fitzroy Valley District High to target increased engagement the yearly treatment of Bellyache School. The database allows students in and involvement from young and Bush and Parkinsonia, and are working schools to log on and access important older women based in Bidyadanga with WWF to undertake dry and wet cultural educational materials. community. The Karajarri women season bird surveys to develop a bird rangers have already started working monitoring program. Other highlights include the on developing a bush foods project construction of a remote ranger base with activities such as plant mapping, Kija Rangers are highly visible working and nursery at Kurlku, which was a propagation, product development and throughout their community and at pilot build for the planned base on the a Karajarri plant book. local schools. The rangers have been Canning Stock Route, the fencing off working with education providers to of the massacre site at Manganumpi The rangers have been working hard undertake bush trips with students and to protect it from further damage to complete two big fencing projects hold workshops around conservation from both vehicles and cattle and the at Injudinah and Munroe Springs and and land management. This women’s ranger team’s participation in are looking forward to getting their relationship allows the rangers to act as a knowledge sharing exchange hosted feet wet by starting intertidal reef, professional role models for the school by Bardi Jawi Oorany Rangers at One mangrove and seagrass surveys, with children, as well as other community Arm Point. the aim of declaring a sea country IPA members in the future. In May 2016 Ngurrara Rangers hosted Another highlight of the year for the Cultural Camp at Kurlku together Kija Rangers the Kija Rangers was hosting the with 12 senior staff from Shell. Over the course of the reporting period Ranger Forum in Purnululu, which Approximately 130 people attended Kija Rangers have experienced many was attended by around 250 people, this on country cultural experience successes. One of the major highlights including 16 ranger teams. The Kija south of Fitzroy Crossing in the Great has been the ranger group’s ability Rangers were extremely proud to host Sandy Desert. Attendees took part in to expand its number of employed this event and played an integral role in traditional practices such as artefact rangers. Currently the group has enabling the forum to be held in such a making, painting, hunting, gathering eight employed rangers, two of which remote part of the Kimberley. of bush tucker, and cooking. They also are funded through the Working on had a glimpse of the Ngurrara Rangers Country program and employed by Ngurrara Rangers in action in the field, conducting water Kimberley Group Training as trainees The Ngurrara Rangers enjoyed another testing of Purlawarla jila site. and six through Green Army funding. highly productive year, achieving a range of outstanding outcomes. There is also an ongoing group of casual rangers and Traditional Owners
Kimberley Land Council 2016 Annual Report 49 48 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 49 NYIKINA MANGALA RANGERS WITH A SUCCESSFUL CROC CATCH
Nyikina Mangala Rangers negative effects of cattle and reduce One of the main highlights of the The Nyikina Mangala Rangers have erosion and fenced off a number of reporting period was the recruitment undertaken a number of diverse cultural sites around Jarlmadangah. of Green Army staff, which increased projects across large areas of desert, the ranger group’s total number of staff river and coastal country to protect and The group also played a key role in the to 15, including women rangers. enhance biodiversity values. control of several wildfires late in the year to minimise environmental harm Nyul Nyul Rangers’ Fire Management Working alongside cultural advisers, and had a successful preventative program occurred throughout 2015- the Nyikina Mangala Rangers have fire management season with 16, with occasional partnerships with taken a community approach to their great cooperation of neighbouring the Department of Fire and Emergency work and have engaged a variety of pastoralists. Services. Together with KLC fire project partners to provide services, management staff and Charles Darwin skills, opportunities and training to six In other positive news the rangers University, a southern Kimberley lower communities within the area. have also been working closely with rainfall methodology is now being Walalakoo Aboriginal Corporation examined for Carbon Abatement Highlights of the reporting period and the Healthy Country Advisory modelling for the Dampier Peninsula. include the removal of a 3.2 metre Committee to develop a Nyikina problem estuarine crocodile from Mangala Healthy Country Plan though a Freshwater monitoring by the group is Minnie bridge on the Fitzroy River community consultation process. continuing and the rangers have also as well as increased recording and trained other ranger groups, Bardi Jawi documentation of the Black Footed Nyul Nyul Rangers and Wunggurr, in the method. This will Rock Wallaby in the Grant and Erskine Situated on the Dampier Peninsula allow these groups to establish their Ranges, and valuable sawfish research north of Broome, and based at Beagle own baseline monitoring at significant along the Fitzroy River. Bay, Nyul Nyul Rangers have worked cultural sites on their country. Other projects conducted during the The Nyikina Mangala Rangers took part closely with their Traditional Owner reporting period included feral animal in the successful reconstruction of Lake Healthy Country Advisory committee management, Monsoon Vine thicket Daley wetlands stage 1 to eliminate the during the 2015-16 reporting period. protection, weed management,
50 Kimberley Land Council 2016 Annual Report 50 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 50 Kimberley Land Council 2016 Annual Report 51 UUNGUU RANGERS
fishtrap restoration, turtle and dugong Wunambal Gaambera Country. qualified rangers who are able to monitoring and freshwater spring operate the incendiary machine restoration. Weeds management was a major focus independently in aerial operations. of the ranger group, particularly during These operations were able to occur Monitoring of the endangered the wet season months. The rangers have without the assistance of DPaW Gouldian Finch and Bilby by Nyul Nyul been working closely with Traditional and were well controlled with good Rangers has also played a major role in Owners to remove weeds around the outcomes. the rise of anecdotal and photographic Mitchell Plateau, Munurru (King Edward sightings by community members of River), Yalgi and Port Warrender. One of the major highlights of the these species. Rangers have achieved reporting period included participation a higher level of technical reporting The Uunguu Rangers also conducted in a Foxtel History Channel and partner engagement and have important work with threatened documentary about Indigenous stories attracted a further fee for service species. One major project saw the and country. Filming took place on project, including Bilby offset funding. rangers joining Department of Parks land and sea country and Uunguu and Wildlife (DPaW) scientists to Rangers told stories about culture, right Another major highlight for the protect the Northern Quoll against way fire, Macassans and the war time ranger group was being involved in cane toads. history of Anjo Peninsula. the national Country Needs People campaign. The campaign is aimed at The rangers underwent significant Paruku Rangers securing the future of the Indigenous training in how to monitor the health, The Paruku Rangers carry out Ranger Program by highlighting the size and distribution of Northern Quolls various environmental and cultural important role Indigenous rangers play in Wunambal Gaambera country to management practices to protect, in managing the land and sea in some enable them to conduct this important enhance and develop their Indigenous of Australia’s most remote locations. work. Protected Area in the desert region of the southeast Kimberley. Uunguu Rangers In the 2015-2016 burning season, The Uunguu Rangers have continued Uunguu Rangers undertook early work to deliver a variety of cultural, season prescribed burning with economic and ecological outcomes on assistance from KLC. The group has
Kimberley Land Council 2016 Annual Report 51 50 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 51 The Wunggurr Rangers have made significant progress in controlling two highly invasive and transformative grass species, known as Gamba grass and Grader grass. Following four years of wet season control, an infestation of Gamba grass on El Questro Station is close to being locally eradicated. The remaining work to maintain surveillance and treat any re-emerging plants over the next three years has been transferred to the newly formed Nyaliga Rangers who comprise Traditional Owners for this area of country.
PARUKU RANGERS The Wilinggin Healthy Country team Environmental tasks have focused to develop eco-tourism opportunities. also conducted an aerial survey of on controlled burning, feral animal Monitoring of the Paruku waterway feral cattle, donkeys and pigs across management, weed control, water system is continuing with the support the exclusive possession native monitoring, tourism management and of the WA Department of Water and title land in the west of Wilinggin flora and fauna surveys. the University of WA. Bilby and yellow country, approximately 10,373 square chat colonies are also monitored kilometres. The results of this survey Cultural engagement has included regularly. A major Parkinsonia weed will be used to determine which control incorporating traditional knowledge infestation was successfully controlled methods will be most effective and into land management practices, on the southern reaches of Sturt Creek. efficient in consultation with Traditional maintaining sacred and significant Owners. sites and facilitating the transfer of Maintenance of the tourist knowledge to younger generations. campground at Wolfe Creek Crater Wilinggin’s Healthy Country team Key achievements in the 2015-2016 was carried out by the rangers as an continued to support aerial and reporting period have included the ongoing fee-for-service arrangement ground burning operations in the establishment of an ongoing junior with the Department of Parks and early dry season to manage fire across ranger program with the Mulan Wildlife. 14,000 square kilometres of exclusive school transferring cultural knowledge possession native title land. This work to younger generations using the Wunggurr Rangers and the is producing multiple environmental, Walmajarri dictionary. Wilinggin Indigenous Protected cultural, economic and social benefits. Area The Kumirrki Women Rangers are The Healthy Country team also Throughout 2015-16, Wilinggin’s continuing to develop strongly, with continues to record traditional Healthy Country team has continued to knowledge, ensuring it remains one full-time and a number of casual make solid progress in implementing accessible to younger generations. women working as rangers. the Wilinggin Healthy Country Plan Included in this work is the 2012-2022 in accordance with the development of a Ngarinyin Healthy The rangers have also been involved in strategic directions provided by Country dictionary and phrasebook. ongoing work at the new campground Wilinggin’s Healthy Country Advisory at Lirrato develop the site into an area Committee. of exceptional bird-watching on the northern shoreline of Paruku Lake and
52 Kimberley Land Council 2016 Annual Report 52 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 52 Kimberley Land Council 2016 Annual Report 53 Financial statements 2015-2016 Financial Statements
Kimberley Land Council 2016 Annual Report 53 52 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 53 54 Kimberley Land Council 2016 Annual Report 54 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 54 Kimberley Land Council 2016 Annual Report 55 Kimberley Land Council 2016 Annual Report 55 54 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 55 56 Kimberley Land Council 2016 Annual Report 56 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 56 Kimberley Land Council 2016 Annual Report 57 Kimberley Land Council 2016 Annual Report 57 56 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 57 58 Kimberley Land Council 2016 Annual Report 58 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 58 Kimberley Land Council 2016 Annual Report 59 Kimberley Land Council 2016 Annual Report 59 58 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 59 60 Kimberley Land Council 2016 Annual Report 60 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 60 Kimberley Land Council 2016 Annual Report 61 Kimberley Land Council 2016 Annual Report 61 60 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 61 62 Kimberley Land Council 2016 Annual Report 62 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 62 Kimberley Land Council 2016 Annual Report 63 Kimberley Land Council 2016 Annual Report 63 62 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 63 64 Kimberley Land Council 2016 Annual Report 64 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 64 Kimberley Land Council 2016 Annual Report 65 Kimberley Land Council 2016 Annual Report 65 64 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 65 66 Kimberley Land Council 2016 Annual Report 66 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 66 Kimberley Land Council 2016 Annual Report 67 Kimberley Land Council 2016 Annual Report 67 66 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 67 68 Kimberley Land Council 2016 Annual Report 68 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 68 Kimberley Land Council 2016 Annual Report 69 Kimberley Land Council 2016 Annual Report 69 68 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 69 70 Kimberley Land Council 2016 Annual Report 70 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 70 Kimberley Land Council 2016 Annual Report 71 Kimberley Land Council 2016 Annual Report 71 70 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 71 72 Kimberley Land Council 2016 Annual Report 72 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 72 Kimberley Land Council 2016 Annual Report 73 Kimberley Land Council 2016 Annual Report 73 72 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 73 74 Kimberley Land Council 2016 Annual Report 74 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 74 Kimberley Land Council 2016 Annual Report 75 Kimberley Land Council 2016 Annual Report 75 74 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 75 76 Kimberley Land Council 2016 Annual Report 76 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 76 Kimberley Land Council 2016 Annual Report 77 Kimberley Land Council 2016 Annual Report 77 76 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 77 78 Kimberley Land Council 2016 Annual Report 78 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 78 Kimberley Land Council 2016 Annual Report 79 Kimberley Land Council 2016 Annual Report 79 78 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 79 Glossary Glossary
AGM DAnnual General Meeting ADJR Administrative Decisions (Judicial Review) Act, 1977 ALT Aboriginal Lands Trust AQIS Australian Quarantine Inspection Service CATSI Act Corporations (Aboriginal and Torres Strait Islander) Act 2006 CEO Chief Executive Officer CFI Carbon Farming Initiative CPA Certified Practising Accountant DAA Department of Aboriginal Affairs DFES Department of Fire and Emergency Services DPaW Department of Parks and Wildlife DPP Dampier Peninsula Plan EHSIS Environmental Heritage and Social Impact Services FAA Financial Assistance Agreement HPA Heritage Protection Agreement ILUA Indigenous Land Use Agreement IPA Indigenous Protected Area KALACC Kimberley Aboriginal Law and Culture Centre KLC Kimberley Land Council KLRC Kimberley Language Resource Centre KRED KRED Enterprises KTLA Karajarri Traditional Lands Association LSMU Land and Sea Management Unit NHL National Heritage Listing NNTC National Native Title Council NNTT National Native Title Tribunal NTA Native Title Act (Cth) 1993 NTRB Native Title Representative Body PBC Prescribed Bodies Corporate RNTBC Registered Native Title Bodies Corporate SAFA State Activities and Future Acts
WWRNTBC Wanjina Wunggurr Registered Native Title Bodies Corporate
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Kimberley Land Council 2016 Annual Report 83 82 Kimberley Land Council 2016 Annual Report Kimberley Land Council 2016 Annual Report 83 Kimberley Land Council
Kimberley Land Council
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