Annual Report 2006 - 2007
Kimberley Land Council Annual Report 2007
Kimberley Land Council Kimberley Land Council
ii Annual Report 2006 - 2007 Kimberley Land Council
Vision
The Kimberley Land Council is a community organisation working for and with Traditional Owners of the Kimberley, to get back country, to look after country and to get control of our future.
Kimberley Land Council
Glossary
ACAA Aboriginal Councils and Associations Act, 1976 ADJR Administrative Decisions (Judicial Review) Act 1977 (Cth) ALT Aboriginal Lands Trust ATSIC Aboriginal and Torres Strait Islander Commission CALM Department of Conservation and Land Management (WA) CATSIA Corporations (Aboriginal and Torres Strait Islander) Act 2006 COAG Council of Australian Governments CPA Certified Practicing Accountant DIA Department of Indigenous Affairs (WA) FaCSIA Family and Community Services and Indigenous Affairs HPA Heritage Protection Agreement HPWG Heritage Protection Working Group ILUA Indigenous Land Use Agreement KALACC Kimberley Aboriginal Law and Culture Centre KLC Kimberley Land Council KLRC Kimberley Language Resource Centre MG Miriuwung Gajerrong MoU Memorandum of Understanding NAILSMA Northern Australian Indigenous Land and Sea Management Alliance NNTC National Native Title Council NNTT National Native Title Tribunal NTA Native Title Act 1993 (Cth) NTRB Native Title Representative Body NTSU Native Title Services Unit OHS Occupational Health and Safety OIPC Office of Indigenous Policy Coordination ONT Office of Native Title (WA) ORATSIC Office of the Registrar of Aboriginal & Torres St Islander Corporations PBC Prescribed Body Corporate PLO Principal Legal Officer RHA Regional Heritage Agreement
ii Annual Report 2006 - 2007
TABLE OF CONTENTS
Glossary ...... ii List of Tables ...... iv Contacts ...... iv
1. Chairman’s Report ...... 1 2. Executive Director’s Report ...... 3 3. NTRB Overview ...... 7 a) Description of the KLC ...... 7 b) Role and Functions ...... 7 c) Organisational Structure ...... 9 d) Outcome and Output Structure ...... 10 e) Key Features of the Strategic and Operational Plans ...... 11 4. Report of Performance ...... 13 a) i Review of Performance During the Year in Relation to the Strategic and Operational Plans and by function ...... 13 Output 1 - Facilitation and Assistance ...... 14 Output 2 - Certification ...... 29 Output 3 - Dispute Resolution ...... 29 Output 4 - Notification ...... 30 Output 5 - Agreement Making ...... 30 Output 6 - Internal Review ...... 31 Output 7 - Other Functions ...... 32 ii Actual Performance in Relation to Performance Targets and Reasons for Differences ...... 34 b) Narrative Discussion and Analysis of Performance 34 c) Discussion and Analysis of Financial Performance ...... 38 d) Developments Since the End of the Year that Have Effected or May Effect the KLC’s Operations or Financial Results in the Future ...... 40 5. Corporate Governance ...... 41 a) Names of Senior Executives and Their Responsibilities ...... 41 b) Senior Management Committees and Their Roles - Separation of Powers ...... 42 c) Corporate and Operational Planning and Associated Performance Reporting and Review ...... 46 d) Financial and Operational Risk Management ...... 46 e) Ethical Policy and Standards ...... 47 f) Remuneration of Senior Staff ...... 47
iii Kimberley Land Council
6. External Scrutiny ...... 47 a) Judicial Decisions and Decisions of Administrative Tribunals . . 47 b) Evaluation and/or Audit Reports - Findings and Responses . . . 47 c) Other External Review ...... 47 7. Management of Human Resources ...... 47 a) Workplace Planning, Staff Retention and Turnover ...... 47 b) Training and Development Undertaken and its Impact ...... 48 c) Impact and Features of Certified Agreements and AWAs ...... 49 d) Occupational Health and Safety Performance ...... 49 e) Statistics on Staffing ...... 49 f) Indemnities and Insurance Premiums for Officers ...... 49 8. Consultants, Tendering, and Contracting ...... 50 9. Financial Statements ...... 51
List of Tables 1. Status of Native Title Applications in the Kimberley 2006 -2007 . . . 16 2. Future Acts ...... 28 3. Actual Performance In Relation To Performance Targets ...... 34 4. Summary of Resources By Output ...... 39 5. Operational Plan Expenditure ...... 40 6. KLC Executive Sub-Committee to September 2006 ...... 42 7. KLC Executive Committee Members 2006 - 2007 ...... 43 8. KLC Executive Committee Record of Attendance at Required Meetings ...... 44 9. Staff Profile at 30 June 2007 ...... 49 10. Consultancy Services Costs ...... 50
Contacts Executive Director: Mr Wayne Bergmann Principal Legal Officer: Mr Robert Powrie
Internet home page: www.klc.org.au Internet address for this report: http://www.klc.org.au/reports.htm iv Annual Report 2006 - 2007
1. CHAIRMAN’S REPORT As Chairman, I am proud to report that the Kimberley Land Council continues to provide a high level of Native Title Representative Body services, along with a range of other activities, to its members, the Aboriginal people of the Kimberley. With Native Title recognised over more than 30% of our region, there remain many outstanding claims. I acknowledge and congratulate all our Traditional Owners for adopting and supporting a strategic approach which has helped build a strong foundation for success in all outstanding claims. The patience and commitment of those still waiting is admirable. They should not be made to wait any longer than necessary, and I call on all parties to act swiftly to settle outstanding claims by mediation. In what has been yet another busy year, we have seen further advances in the recognition of Native Title in the Kimberley. The Noonkanbah claim, settled in April 2007, represents a landmark decision, reflecting the purpose and vision of the KLC since its inception in 1978. We have come a long way to arrive at a position where Aboriginal people are acknowledged as rightful owners of their country, and have control over what happens on their land. This has been the major struggle for Indigenous people in the Kimberley since European settlement. It is pleasing to see that the long years of work by many dedicated people is bearing fruit. Alongside gaining title to land, we are developing a strong position for engagement with developments on country. Resource development proposals for the Kimberley, especially in relation to the Browse Basin gas fields, present both a threat and an opportunity for Kimberley Traditional Owners, and for the region as a whole. The Kimberley Land Council has developed high level skills and expertise in representing the interests of Traditional Owners in negotiations with development proponents. We have helped to facilitate outstanding agreements with the State of Western Australia, and with industry. The opportunities presented by Kimberley gas developments are immense, and the KLC has taken significant steps to ensure Traditional Owners are engaged at all levels. Whilst maintaining the environmental, cultural, and heritage values of the region, our members are also keen to investigate partnerships that will help secure their long term social and economic futures. There is an equally significant opportunity for the State and Commonwealth Governments to get behind our initiatives to develop a viable economic outlook for our people. This outlook extends to our land and sea management activities, where the KLC has taken a leading role in identifying and pursuing ways in which Traditional Owners can engage in a real economy of land management and associated activities. We are at the forefront of establishing an integrated Kimberley Ranger program, assisting Indigenous people to establish structures and build skills so that they can provide services to Government and the private sector, and deliver positive outcomes for the Australian community. These three themes of Native Title, economic engagement, and caring for country can be integrated in a number of ways. An example would be for Traditional Owners and Native Title holders, under agreements with Government or industry, to deliver carbon abatement through fire management, offsetting carbon outputs from gas developments. The Kimberley Land Council is well placed to deliver such productive and mutually beneficial outcomes.
Kimberley Land Council
The pathway to delivering on these initiatives, however, remains difficult. Delays to settlement of all outstanding Native Title claims hold back the process. Resource sector players are at times slow to engage equitably with Traditional Owners. And Governments are not always forthcoming in providing leadership to ensure these initiatives proceed. Our relationship with the State of Western Australia is very positive and productive, and the efforts of their Office of Native Title have helped both sides to move forward rapidly in a number of areas. The KLC places a high value on developing productive partnerships and relationships, and we have developed a position of co-operation to find common ground in discussions with both Government and industry. We have also developed strong partnerships with a range of non-government organisations, including environmental groups, to further the interests of our members. In each of these relationships, the KLC has maintained the integrity of its position representing Traditional Owners, whilst exploring opportunities to maximise shared values. At a time when there is great focus on the negative aspects of Aboriginal communities, there is a clear need for support and encouragement of the many positive aspects. The Kimberley Land Council is focused on delivering outcomes that build a better future for all our people, and we are achieving significant results. There is still a long road to travel. New initiatives for the north of Australia, and for the Kimberley in particular, must involve Aboriginal people. We have lived on and as part of our country for many thousands of years, and we are not going away. Through our peak organisations, including the Kimberley Land Council, we are at the forefront of securing our own futures. The Kimberley Land Council continues to provide services to Traditional Owners that deliver a balance of formal determinations of Native Title, agreements that bring economic opportunity, and initiatives that maintain the health and integrity of the land and its people. Our achievements are a result of the dedication, commitment, and hard work of the KLC’s Executive Board. I congratulate and thank them for their efforts over the past twelve months. The professionalism and hard work of our staff has also contributed to the achievement of our vision. I acknowledge their dedication and commitment, and thank them for their efforts on behalf of our members. Just as we are starting to see the realisation of our land aspirations, Kimberley Traditional Owners are entering a new struggle to secure our engagement in the economy. The Kimberley Land Council remains a strong, member directed organisation, with a clear vision of the future for our members. I look forward to another year in which we are able to deliver positive outcomes for Kimberley Aboriginal people.
TOM BIRCH Chairman
Annual Report 2006 - 2007
2. EXECUTIVE DIRECTOR’S REPORT Summary of significant issues and developments The Kimberley Land Council has maintained a high standard of service delivery to our members during the past twelve months. We continue to extend on our previous achievements, delivering strong outcomes in the recognition of Native Title, and in ensuring Native Title rights are used to secure engagement of Kimberley Aboriginal people in the region’s rapid and significant resource developments. The KLC has been active during the reporting period in finding practical ways to ensure that our members have opportunities to secure their land, economic, environmental, and cultural values in both the long and short terms. The KLC’s ongoing strength and success is achieved through active leadership and direction from our Executive Committee, representing the interests and rights of our members. This has occurred despite consistent difficulties with resource constraints, increasing costs, and securing and retaining skilled staff. KLC maintained the high standards of financial management, governance, and accountability procedures developed over many years. In the reporting period, the Federal Court recognised Native Title in the historically significant Noonkanbah claim in the Kimberley. The full bench of the Federal Court heard submissions presented by the KLC on behalf of the Bardi Jawi and Rubibi claim groups. We remain optimistic that the Federal court will find in favour of the Bardi Jawi people by recognising that native title exists in relation to the claimed islands, and that the original decision of the Court will be upheld in the Rubibi claim. On behalf of Traditional Owners, the KLC has continued to negotiate high standard third party agreements with resource developers. Research undertaken Australia-wide has indicated that the standard of agreements delivered by KLC was at the highest level, and that they included real, deliverable, and long-term outcomes. The KLC is particularly proud of results flowing from the Agreement made in the last reporting period between the Wanjina Wunggurr Dambimangarri native title claimants and Aztec Mining. Under the agreement, the KLC facilitated a training officer to successfully deliver a number of work preparation modules, preparing Traditional Owners for employment in the Koolan Island iron ore mine. We are also pleased to have reached in-principle agreement in relation to the Kimberley Nickel Mine in the east Kimberley, and expect final agreement before the end of 2007. Resource developments continue to play a significant role in the activities of the KLC. Native Title is a major consideration in the many proposals for development of Liquefied Natural Gas (LNG) facilities on the Kimberley coastline. The KLC continues to engage with Japanese company Inpex Browse Ltd in relation to their requirements for a proposed LNG project on the Maret Islands. The Board of the KLC has adopted a pro-active strategy for securing the engagement of Kimberley Aboriginal people in all aspects of resources development on the Kimberley coastline. LNG developments would be accompanied by increased carbon outputs, and KLC is also taking a leading role in developing carbon offset opportunities for the region’s Traditional Owners, through traditional fire management practices.
Kimberley Land Council
Issues relating to water have once again come to prominence for Kimberley Traditional Owners. There are many concerns in relation to the Northern Australian Land and Water Taskforce, and KLC believes that successful engagement of Indigenous people in the process can only occur at the local level. The KLC has received consistent instructions from Traditional Owners over many years that damming of the Fitzroy River is unacceptable. Amidst concerns about changes occurring in Native Title legislation and implementation, the Kimberley Land Council continues to participate in national forums related to its NTRB activities, including involvement in the formalisation and operation of the National Native Title Council. We have continued our engagement in policy and project development forums, including attendance at the National Indigenous Land Stewardship Employment Project, and participation in an Oil and Gas Development Conference in Broome. The KLC has participated in joint planning sessions with the Western Australian State Government and the National Native Title Tribunal to identify agreed priorities in moving Kimberley native title claims forward. The Kimberley Land Council was proud to host a delegation from the Canadian Cree nation during a study tour of the Kimberley. This strengthened our already strong links with Canada’s indigenous peoples, and further cultural exchanges are planned for the future. The Kimberley Land Council’s significant achievements during the past twelve months establish very positive prospects for Kimberley Aboriginal people and our future generations. We continue to provide our members with opportunities for cultural and heritage maintenance, whilst fostering engagement in the economy and security and strength for the future. Our Native Title activities underpin these outcomes. Overview of Performance and Financial Results The Kimberley Land Council achieved significant outcomes during the 2006-2007 reporting period in the areas of Native Title and agreement-making. Native Title The strategic approach adopted by the KLC in managing Native Title claims across the Kimberley means that claim work is prioritised in a transparent manner, in accordance with available resources. Following our Strategic Plan, KLC progresses prioritised claims, and maintains activities to move all other claims up the priority list and closer to resolution. This occurs in the expectation that all Kimberley Native Title claims are resolved in a timely manner, and the achievement of individual Native Title outcomes informs the progression of all claims. Continuing the trend of successful Native Title outcomes achieved in the Kimberley, this period saw the Federal Court formally recognise Native Title in the Noonkanbah claim (27 April 2007). This historic determination was largely facilitated by the activities of the Kimberley Land Council, and sets a standard for the resolution of neighbouring claims. The KLC assisted Yawuru native title holders in formal negotiations with the State Government for a comprehensive agreement to settle all land issues in the Rubibi determination area (including the Broome townsite), achieving a range of outcomes. The KLC assisted efforts to establish Prescribed Bodies Corporate for three resolved claims, and significant progress was made in formulating connection materials for provision to the State in a number of unresolved claims, including Uunguu, Dambimangarri, Balanggarra, Noonkanbah, and Ngurrara. Further anthropological work on connection and boundaries was also undertaken for most of the remaining registered claims. Annual Report 2006 - 2007
Agreements The major resource agreement negotiated for the Dambimangarri native title claimants to re- open the Koolan Island iron ore mine entered the implementation phase during the reporting period, providing Traditional Owners with employment and training opportunities, business opportunities, and community development initiatives. Negotiations for other resource development proposals continued, with in-principle agreement reached in relation to the Kimberley Nickel Mine in the east Kimberley. This is a major outcome for Traditional Owners and the company, which has acted in extremely good faith by entering negotiation despite having no legal requirement to do so under the Native Title Act. The conclusion of this agreement demonstrates the acceptance of the inherent rights and interests of Traditional Owners in a context broader than the strictly legal environment. On behalf of Traditional Owners, the KLC is taking a pro-active position towards the proposed Browse Basin gas developments. We have endeavoured to engage with the major proponents, particularly Woodside and Inpex Browse Ltd. The Wunambal Gaamberra Traditional Owners entered into a set of agreements (Negotiation Protocol, Heritage Protection, and Flora and Fauna Studies) with Inpex Browse Ltd in relation to possible resource developments on the Maret Islands. This has helped to establish a sound relationship with the company, and provides opportunity for negotiation of a significant resource agreement should the proposal proceed. The Kimberley Land Council has remained keen to negotiate with the State of Western Australia in relation to a regional heritage protection agreement for the Kimberley. Although the National Native Title Tribunal terminated those negotiations in the last period, the State Office of Native Title has subsequently re-opened discussions. KLC also continued to negotiate on specific issues relating to lands held by the Aboriginal Lands Trust. Other During the reporting period, the KLC reviewed its 2004-2007 Strategic Plan and commenced development of its 2008-2011 Strategic Plan, together with development of its 2007–2008 Operational Plan. In response to amendments to the Native Title Act, the KLC submitted materials in relation to its re-recognition as the Kimberley NTRB, and was successful in securing recognition for the maximum period of six years. The KLC continued to inform Traditional Owners about Native Title developments and broader indigenous issues, and facilitated Indigenous involvement and input into discussion of these matters at the broader community, regional, and national levels. We continue to be involved in Native Title policy debate, through the National Native Title Council, and through submissions to various reviews and forums, including parliamentary enquiries. Financial Results High standards of financial management were maintained by the KLC during the reporting period. The KLC delivered professional services to its members, efficiently utilising the limited financial resources available. Transparent procedures were maintained to demonstrate that resources were correctly applied to KLC activities and operations. During the reporting period, the KLC experienced a significant increase in activity, whilst our NTRB funding remained stable. This represents a significant concern to the KLC, as staff numbers have not increased in proportion to workload, due to financial constraints.
Kimberley Land Council
Due to significant staff turnover (including some long term staff) during the reporting period, and difficulties in recruiting new staff, the KLC has under-spent in some budget areas compared to projections in our operational Plan. This is an indication of the difficult operational environment in which we work, and does not signify any inaccurate planning or reduction in workload. Our overall Native Title funding has remained relatively constant, whilst costs have risen dramatically. This leaves the KLC in a position of having more and more work to do, yet having less and less real resources to apply to it. Outlook for 2007 – 2008 The Kimberley Land Council has developed a strong professional relationship with the State of Western Australia in relation to resolving Native Title claims by agreement. We are optimistic that in this climate we can expect to see a continued process of Native Title resolution through agreement and not litigation. Operational costs, and particularly staffing costs, will play a significant role in KLC’s operations during 2007-2008. The costs of retaining existing staff, and recruiting new staff to work in our remote area, in an environment of booming resource opportunities, presents a great challenge to the KLC. Our ability to achieve consistent ongoing outcomes for our members will be severely impacted by resource constraints, rising costs, and a competitive employment environment. KLC will continue to pursue resolution of Native Title through negotiation. It is expected that the Ngurrara claim will be settled by consent determination in the latter part of 2007. The significant work undertaken in the Balanggarra, Wanjina Wunggurr Uunguu, Wanjina Wunggurr Dambimangarri, Nyikina Mangala, Gooniyandi, and Bunuba claims will lead to the further progression of those claims. The KLC expects that appeal outcomes in the Rubibi and Bardi Jawi claims will be known in the next reporting period. Those outcomes will inform KLC’s activities in other claims. Further significant work will occur in negotiations with the State of Western Australia in relation to land use issues in the Rubibi claim, as well as in other parts of the Kimberley. The KLC will continue pursuing practical outcomes for Aboriginal people through resource sector agreements. The major development activities proposed in the region in relation to the Browse Basin gas fields present a significant opportunity for Traditional Owners, and the KLC will work to ensure Native Title is effective in securing active and productive engagement of our members. Our experience and expertise in developing strong resource sector agreements will be applied to these activities. I acknowledge the efforts of the Kimberley Land Council Executive and staff over the past twelve months, and congratulate them on their contribution to the achievements of the KLC. The outlook for our members remains positive, and we are confident that our achievements in the recognition of Native Title and in developing economic security for Kimberley Traditional Owners will continue. The Kimberley Land Council is an important factor in maintaining a strong and enduring Kimberley Indigenous culture. Our activities as the Native Title Representative Body for Kimberley Traditional Owners continue to deliver real outcomes for our members. We are steadily achieving positive results for our members. We continue to present opportunities for governments and the private sector to work in partnership with the Kimberley Land Council, to build a better future for Kimberley Indigenous people.
WAYNE BERGMANN Executive Director Annual Report 2006 - 2007
3. NTRB OVERVIEW a) Description of the Kimberley Land Council
The Kimberley Land Council was established in 1978 at a meeting of Kimberley Aboriginal people following a dispute between Kimberley Traditional Owners, the Western Australian Government and a large mining company at Noonkanbah. The KLC was set up as a peak regional community organisation, to secure Kimberley Aboriginal Traditional Owners’ rights and interests in their lands and waters, and to protect their significant places. In May 2000, the Federal Minister for Aboriginal and Torres Strait Islander Affairs recognised the Kimberley Land Council, under s203AD of the Native Title Act 1993 (Cth) (NTA), as the Native Title Representative Body (NTRB) for the Kimberley region in Western Australia. At the end of the reporting period, the KLC was again re-recognised for a period of six years. As a Native Title Representative Body, the KLC’s operations were primarily funded during the reporting year by the Land Branch of the Department of Family and Community Services (FaCSIA) under a Program Funding Agreement. b) Role and Functions i Legislation The KLC is an incorporated association under the Aboriginal Councils and Associations Act, 1976. In accordance with the rules of operation prescribed by that Act, the KLC has adopted certain objectives to advance the aspirations of Kimberley Aboriginal people. ii Legislative Functions As a Native Title Representative Body, the KLC has specific functions under Part 11, Division 3 of the NTA. These functions are: • Facilitation and assistance (s203BB); • Certification (s203BE); • Dispute resolution (s203BF); • Notification (s203BG); • Agreement-making (s203BH); • Internal review (s203BI); and • Other functions referred to in s203BJ and such other functions as are conferred on representative bodies by the NTA. iii Corporate Governance Policies The Corporate Governance of the KLC is dictated primarily by the legislative framework, the organisation’s Constitution and the statutory requirements of the Aboriginal Councils and Associations Act 1976 (ACAA) and the Finance Ministers Order’s under which the KLC operates. Governance matters are also considered within the framework of the KLC’s Native Title Representative Body functions governed by the NTA, along with the program funding agreement with the Commonwealth Government, through the Department of Families, Community Services and Indigenous Affairs (FaCSIA). Within these statutory functions and obligations, the Executive of the KLC makes decisions in relation to its governance policies. These decisions are documented in the KLC Policy and Procedure Manual, and are applied to the governance activities of the KLC, including the conduct of all the Executive members and staff, management activities, and development of the Strategic priorities and the Operational Plans. Kimberley Land Council
The KLC Executive is diligent in ensuring that the organisation complies with all regulatory and funding requirements and that the KLC’s governance reflects and implements KLC’s regulatory obligations, vision, values and policies in an open and transparent way. NTRB Functions In accordance with the KLC’s statutory functions, the KLC assists Kimberley Traditional Owners to obtain recognition of, and fully enjoy, their Native Title rights and interests. The vision, values, policies and priorities of the KLC reflect KLC’s statutory and regulatory obligations. Vision Statement “The Kimberley Land Council is a community organisation working for, and with, Traditional Owners of the Kimberley to get back country, to look after country and to get control of our future.” The KLC Strategic Plan and the annual Operational Plan establish and implement the Vision Statement and proprieties set by the KLC Executive. Values The KLC as a peak Kimberley Aboriginal organisation is dedicated to the development of a modern, sophisticated and innovative service to our community. The KLC is conscious of the dynamic pressures in contemporary Aboriginal society and emphasises the role of communities in managing those pressures. The KLC is a practicality-driven organisation, charged with responsibility to protect, enhance and give formal legal, social and political status to the customs, laws and traditions of Kimberley Traditional Owners, in accordance with our values of: • Respect for our law and culture • Respect for our Elders and stakeholders • Fair and transparent decision-making • Effective and open communication • Working in partnership • Trust and loyalty • Justice and equality for Indigenous peoples • Cultural diversity. Policies and Procedures The work and activities of the KLC management and staff are in accordance with the documented KLC policies and procedures, which reflect the KLC’s obligations as an NTRB and which are consistent with the Strategic and Operational Plans. Setting Priorities Each reporting year it is necessary for the KLC to set priorities for its operations that address, to the extent possible within available resources, the needs and aspirations of the Traditional Owners it represents. The priorities must address the statutory and financial framework, and other constraints, within which the KLC as a representative body under the Native Title Act operates. The KLC has an established procedure for setting priorities which is documented in the Policy and Procedure Manual. Priorities are determined by the Executive annually and can only be varied with Executive direction and approval.
Annual Report 2006 - 2007
KLC Regional Planning and Prioritising Process In accordance with the provisions of the NTA the KLC Executive Committee and staff are involved in an annual process of selecting and giving priority to all matters arising from its statutory functions. KLC also meets with the National Native Title Tribunal and the Western Australian Office of Native Title to agree to prioritisation of work programs currently before the Federal Court of Australia. Staff and financial resources are allocated and claims are progressed in the reporting period in accordance with the priority assigned. It should be noted that the requests placed on the KLC for assistance to progress Native Title activities from our members far exceed the resources available. c) Organisational Structure
Membership
The membership of the KLC is open to any adult Aboriginal person who is a Traditional Owner of country in the Kimberley region. Executive Committee The KLC is governed by an Executive Committee elected for two year terms. The Executive Committee is responsible for carrying out the KLC’s objects on behalf of its members. It provides leadership and direction to the organisation; determines the KLC’s priorities in all policy and operational matters; oversees the implementation of the KLC Strategic Plan; monitors the progress of Native Title applications and other land-related matters; and oversees the conduct of the KLC’s affairs through the position of the Executive Director. The Executive Committee is made up of two representatives from each Native Title claimant group in the Kimberley. Every two years each claimant group nominates representatives and proxies for appointment to the Executive Committee. If required, elections take place at the Annual General Meeting (AGM) from the nominations received to fill the vacant positions. The general membership also appoints Special Advisers and Special Executive Members (all of whom are Kimberley Traditional Owners) on the basis of their special knowledge and whom the members deem appropriate because of their experience and contribution to the objects of the organisation. Members of the Executive Committee give their time voluntarily. The Executive Director, who must be a member of the KLC, is also a member of the Executive Committee and is appointed by the Executive Committee to manage the daily affairs of the organisation. The Executive Director is also a member of the Executive Committee and is in a paid position. The Executive Committee members for this reporting period, and meetings they attended, are listed in Section 5 (B) of this Report (Table 7). Executive Appointments The Executive Committee elects a Chair and Deputy Chair from among its membership. Members are elected for a two year period, with terms commencing and expiring at every second AGM. Elections were held in the reporting period, meaning this report covers two separate Executive Committees (although some members remain common to both). The next elections will take place at the 2008 AGM. The Executive Committee may also appoint members to an Executive Sub-Committee (a smaller group with powers and responsibilities delegated from the full Executive Committee).
Kimberley Land Council
The Sub-Committee membership is listed in Table 6 together with the attendance record for the meetings in Table 8. Other specific Sub-Committees of the Executive Committee are: i The Native Title Representative Body Grants Committee; and ii The Native Title Representative Body Review Committee. The Grants Committee assesses new applications for assistance as to whether those Native Title applications have demonstrated legal merit. Decisions not to provide assistance may be reviewed, on application, by the Review Committee. If the applicants for assistance are still not satisfied, they have the right to have the decision reviewed under the Administrative Decisions (Judicial Review) Act 1977 (ADJR). The process by which this occurs is described in more detail under the section: Report on Performance; Output Group 6—Internal Review. Annual General Meetings The KLC’s Annual General Meetings are attended by the KLC membership and constituency. In the interests of cost efficiencies these meetings are usually held ‘on country’ in conjunction with meetings of the Kimberley Aboriginal Law and Culture Centre (KALACC) and the Kimberley Language Resource Centre (KLRC). This results in a very high attendance of Kimberley Traditional Owners and ensures a high degree of representation and participation in the KLC’s decision and policy-making processes, and ensures a high level of accountability and transparency of the KLC’s operations. In this reporting period the AGM was held at Yirramalayi Community north-west of Fitzroy Crossing. The community simultaneously hosted meetings of the Kimberley Language Resource Centre, the Northern Australian Indigenous Land and Sea Management Alliance and the Kimberley Aboriginal Law and Culture Centre. Staffing Overall authority for daily operational and administrative decisions is delegated by the Executive Committee to the Executive Director. The Executive Director is assisted in discharging his responsibilities by a Deputy Director, KLC managers and staff through a delegations framework. The work associated with the KLC’s NTRB functions is undertaken by multi-disciplinary teams. Members of claim teams work closely together and are responsible for specific claim applications. Claim teams work with claimant groups on matters relating to the Native Title applications, including future acts, and obtain instructions from claimant groups and Native Title holders. Legal officers have the carriage of specific claims as well as providing advice on future acts, agreements, negotiations and all other matters relating to the core functions of the KLC. Due to continuing financial resource constraints no Native Title officers have been located in the Halls Creek or Fitzroy Crossing offices since May 2004. This continues to be a major concern in delivering a level of service to claims the KLC represents. A number of central Kimberley claims have become priority category two in the financial year, requiring KLC staff to spend extensive amounts of time in the field. d) Outcome and Output Structure
Consistent with its statutory functions the KLC’s primary activity objective continued to be the provision of professional services to Aboriginal people in pursuit of the recognition and protection of Native Title.
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The KLC output structure is derived from NTRB functions, as set out in the NTA, and comprises: • facilitation and assistance; • certification; • dispute resolution; • agreement making; • internal review; and • other functions. These functions underpin the development of the KLC Strategic Plan and the Operational Plan for each funding year. The KLC’s Strategic Plan establishes the KLC Strategic Objectives by reference to its statutory functions. The Strategic Plan also establishes key performance indicators in relation to consultation, decision making and setting of priorities as required by s203D of the NTA. The detailed 2006 – 2007 Operational Plan identified anticipated outcomes (results) by reference to prioritised activities. e) Key Features of the Strategic Plan and Operational Plan
Strategic Plan
The KLC’s current Strategic Plan, covering the years 2004 – 2007, sets the direction for the organisation, and provides a broad outline of how the KLC will undertake its activities. The Strategic Plan identifies KLC’s vision, values, internal and external environments, and Native Title Representative Body purpose and functions. For each NTRB function, the Plan sets out KLC’s strategic objectives, policies, strategies, and key performance indicators. Operational Plan 2006 – 2007 The KLC’s Operational Plan, covering the period of this Annual Report (2006 – 2007), was a detailed outline of what the KLC intended to do in the short term. The Operational Plan followed on from the Strategic Plan and broke the ‘big picture’ down into identifiable activities. It was developed by reference to the KLC’s Policy and Procedure Manual, and our statutory requirements, in association with our conditions of funding. The Operational Plan was therefore a tool for managing the KLC’s Native Title activities, by identifying the detail of planned work, timelines for completion, and the staff and financial resources to be allocated to that work. The 2006 – 2007 Plan was arranged by activities, and identified project names, key results expected, start and end dates, and cost (including estimated final costs over the life of the project). The activities outlined in the 2006 – 2007 Operational Plan reflected the environment in which the KLC operates, the objectives established, and the priorities identified by the Executive Committee in preparing the plan. There is a direct relationship between KLC’s Strategic Plan and the activities prioritised in the Operational Plan. The 2006 – 2007 Operational Plan followed consistently from the previous Operational Plan. It showed clear and consistent progression of ongoing work and identified new work to be taken on. The identification of both ongoing and new work was undertaken in accordance with the KLC’s documented prioritisation process. 11 Kimberley Land Council
In formulating the Operational Plan, each activity was considered in terms of: • The overall 2004 – 2007 Strategic Plan • The objectives contained in the Strategic Plan (including the prioritisation objective identified in the Priorities (203D) section); specifically: a) finalisation of Native Title cases currently before the courts b) advancement of Native Title applications in the mediation process by preparing connection reports c) assisting claimant groups with negotiations and agreements pertaining to future act applications that effect Native Title rights and interests. • The prioritisation process documented in the KLC Guidelines for Assistance in Native Title Claims and the prioritisation adopted by the KLC’s Executive Committee and documented in the Policy and Procedures manual. Each outcome in the 2006 – 2007 Operational Plan was also formulated in a Native Title environment characterised by the following key features: • Cultural Strength of Indigenous Communities • Federal Court Approach to Kimberley Native Title Applications • Commonwealth Native Title Policy Framework • State Native Title Policy Framework • Demographics • Resources • Legal Environment The financial and human resources available to the KLC are limited. The Operational Plan established a balance between demand and resources by identification of applications with a level of internal priority. The Operational Plan managed priorities by reference to budget and time.
12 Annual Report 2006 - 2007
4. REPORT ON PERFORMANCE a) i Review of Performance During the Year in Relation to Strategic and Operational Plan, and By Function In accordance with the KLC’s Strategic Plan for 2004–2007, the organisation’s priorities in relation to the output structure in the reporting year were: • the lodgment and finalisation of Native Title applications, including representation in litigation, progression of claims in mediation through preparation of connection material and preparation of new claims where appropriate; • responding to future act notices; • the negotiation of agreements; and • activity to ensure the protection and recognition of Native Title by representing Native Title claimants. These areas continued to represent the major demands upon the KLC. They constituted the most significant expectations Kimberley Traditional Owners have of the KLC, and priorities within the KLC’s statutory functions. More specifically, the priorities in the reporting period were to: • progress appeals of native title applications in the litigation stream and where appropriate, concurrently participate in the mediation of claims in the litigation stream; • engage in consultation with the State Government Office of Native Title to facilitate the preparation of connection material and agreement on connection as a precondition to mediation of consent determinations; • mediation of consent determinations; • development of new native title applications (which may include the merger of some current native title applications) based upon traditional boundaries or a cultural bloc model; • assisting claimant groups with negotiations and agreements relating to native title rights and interests; • discussion and negotiation of compensation and co-existence agreements in relation to major commercial developments (which include future acts) with the potential to provide substantial economic and social benefits to Traditional Owners; • post implementation of previously finalised agreements; • negotiation of land access agreements which provide economic and social benefits to Traditional Owners and • participate with the NNTT and the State Government’ Office of Native Title in a bi-annual regional planning process to set and review agreed priority claims for the Kimberley. Performance According to Contribution to Outcome, Outputs and Targets The KLC’s outputs and contribution to outputs were generally completed in accordance with performance targets established in the Operational Plan. In those areas where outputs were not completed in accordance with performance targets, a number of external factors interceded. As in previous reporting periods, completion of performance outputs was significantly assisted when all parties adopted a position in favor of mediation and negotiation over litigation. A contrary approach was most often a factor in the KLC not meeting performance targets, which has led to higher spending in the litigation stream. This included two appeals to the Full Court of the Federal Court. 13 Kimberley Land Council
Output 1 - Facilitation and Assistance The major core function of the KLC continued to be the provision of facilitation and assistance to native title claimants, native title holders and registered Native Title bodies corporate in the preparation and progression of Native Title applications, including facilitating and providing representation in consultation, mediation and negotiation for agreements. Significant developments occurred and outcomes achieved during the reporting period in relation to the facilitation and assistance function, including: • nomination to the Federal Court of the Rules of the Wanjina Wunggurr (Native Title) Aboriginal Corporation to hold and manage the native title determined in the Wanjina Wunggurr Wilinggin determination as well as future native title determinations in the related Wanjina Wunggurr Dambimangarri and Wanjina Wunggurr Uunguu native title claims in September 2006; • consent determination of the Miriuwung and Gajerrong #4 native title application and nomination of the prescribed body corporate in November 2006; • the appeal of the Bardi and Jawi determination of native title to the Full Federal Court in February 2007; • the appeal of the Rubibi determination of native title to the Full Federal Court in March 2007; • consent determination in the Noonkanbah native title application in April 2007; • acceptance by the State of the connection of the applicants in Wanjina Wunggurr Uunguu and Wanjina Wunggurr Dambimangarri native title applications; • acceptance by the State of the connection of the applicants in the Ngurrara native title application and development of the consent determination; and • acceptance by the State of the connection of the applicants in the Balanggarra Combined native title application for the land component.
Output 1.1 — Claimant Applications
There were 32 separate Native Title applications in the Kimberley during the reporting period. Several of these applications are grouped together and managed as single Native Title claims. In terms of claims management, and as a result of the ‘grouping’ process, the Kimberley Land Council separately managed 26 Native Title claims in the Kimberley during the reporting period. The ‘grouped’ claims are: • the Wanjina/Wunggurr Wilinggin claim, comprised of the Ngarinyin, Wanjina/Wunggurr- Wilinggin and Wanjina/Wunggurr Wilinggin #2 applications; • the Balanggarra claim, comprised of the Balanggarra No. 3 and Balanggarra Combined applications; • the Bardi and Jawi claim, comprised of the Bardi and Jawi and Bardi and Jawi #2 (Brue Reef) applications; • the Rubibi claim, comprised of the Rubibi and Rubibi No. 17 applications. (Rubibi #6 remains separate); and • the Miriuwung Gajerrong claim, comprised of Miriuwung Gajerrong #1 (which is finalised, but still receives assistance in relation to future acts) and Miriuwung Gajerrong #4. The Kimberley Land Council represented the applicants in 29 of the 32 Native Title applications, was a respondent to one (Noonkanbah), and had no involvement in two others (Djaberra Djaberra and Jiddngarri. Jiddngarri is not a registered claim). Two of the Native Title claims represented by the KLC were in active litigation during the reporting year (Rubibi and Bardi Jawi). 14 Annual Report 2006 - 2007
Five of the Native Title claims represented by the KLC (MG #4, Rubibi, Bardi and Jawi, Karajarri and Wanjina/Wunggurr Wilinggin) are in the post determination implementation phase in relation to the establishment of prescribed bodies corporate and other matters required by determination. In addition, some determined claims require post determination assistance in relation to key issues affecting the enjoyment of native title. KLC provided assistance to one of the applications (Noonkanbah) in the development and settlement of a consent determination but does not represent the named applicants in that matter. At the end of the reporting period the KLC was under instruction to continue to represent and provide facilitation and assistance to 29 out of the 32 Native Title applicants in the Kimberley. The KLC was also under instruction to provide assistance to one other Native Title applicant (Noonkanbah) to whose claim the KLC was a respondent. As advised in the previous reporting period, consolidation or combining of claims continued to be an efficient way to manage limited resources during the reporting period. • The successful mediation of a consent determination for the MG #4 claim in this reporting period was significantly assisted by the MG #1 Consent Determination which covers an almost identical native title claim group as the Miriuwung Gajerrong (MG) #4 claim. • The Wanjina Wunggurr Dambimangarri and Wanjina Wunggurr Uunguu claims have been made by the same community or group that has already been found to hold native title in the Wanjina/Wunggurr Wilinggin Native Title claim. Together, the three separate claims (Dambimangarri, Uunguu and Wilinggin) represent the native title interests of all people within a single cultural bloc. As that cultural bloc has already been accepted by the Federal Court in the Wanjina/Wunggurr Wilinggin claim, mediation of the Wanjina Wunggurr Uunguu and Wanjina Wunggurr Dambimangarri claims has been significantly streamlined, at least in relation to mediation with the State which has accepted connection. However, the Commonwealth refuses to accept connection over areas beyond the original three nautical mile limit, contrary to High Court authority in Yarmirr’s case.
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TableStatus 1:of NativeStatus Title of Native Applic ationsTitle Applicationsin the Kimberley in 2006–2007the Kimberley 2006–2007 Tribunal Federal Court Application name Status Progress KLC NNTT Reference Reference Balanggarra These two 1 Active WC00/6 WAD6004/00 #3 applications are managed Mediation 1 Balanggarra } together as the 2 Active WC99/47 WAD6027/98 (Combination) Balanggarra claim Bardi Jawi - These two Federal Court 3 Determined WC04/1 WAD6001/04 Brue Reef applications are appeal (excluding } managed Bardi and Jawi – 2 4 Bardi Jawi together as the Active WC95/48 WAD49/98 Brue Reef) heard Bardi Jawi claim February 2007 5 Bunuba Active WC99/19 WAD6133/98 Mediation 3 Djaberra-Djaberra(not represented by 6 Active WC96/99 WAD6124/98 Mediation 4 KLC) 7 Goolarabooloo - Jabirr Jabirr Active WC99/36 WAD6002/98 Mediation 5 8 Gooniyandi Combined # 2 Active WC00/10 WAD6008/00 Mediation 6 Not registered. Will be subject to 9 Jiddngarri (not represented by KLC) Active WC97/79 WAD6199/98 registration test by 7 NNTT in next reporting period Post 10 Karajarri Determined WC00/2 WAD6100/98 determination 8 implementation 11 Koonjie - Elvire Active WC99/40 WAD6157/98 Mediation 9 12 Kurungal Active WC97/101 WAD6217/98 Mediation 10 13 Lamboo Active WC99/20 WAD6095/98 Mediation 11 14 Lumugal Active WC06/1 WAD15/06 Not in mediation 12 15 Malarngowem Active WC99/44 WAD6182/98 Mediation 13 16 Mayala Active WC98/39 WAD6255/98 Mediation 14 Finalised. Miriuwung These two Assistance in 17 Determined WC WAD Gajerrong #1 applications relation to future are managed acts. 15 } together as Consent Finalised. Miriuwung Miriuwung determinatio Assistance in 18 WC04/4 WAD124/04 Gajerrong #4 Gajerrong n and PBC relation to future established acts. 19 Ngarrawanji Active WC96/75 WAD6107/98 Mediation 16 20 Ngurrara Active WC96/32 WAD6077/98 Mediation 17 Consent 21 Noonkanbah Active WC98/9 WAD6229/98 determination 18 24 April 2007 22 Nyikina and Mangala Active WC99/25 WAD6099/98 Mediation 19 23 Purnululu Active WC94/11 WAD6007/98 Mediation 20 Finalised. Assistance in 24 Determined WC95/28 WAD91/98 21 Rubibi # 6 relation to future acts. 25 Rubibi Active WC99/23 WAD6006/98 Federal Court These two determination applications 28/4/06. Full are managed 22 26 Rubibi #17 } Active WC04/6 WAD223/04 Federal Court together as appeal heard in Rubibi March 2007 Finalised. Assistance in 27 Tjurabalan Determined WC95/74 WAD160/97 23 relation to future acts. 28 Wanjina Wunggurr Dambimangarri Active WC99/7 WAD6061/98 Mediation 24 29 Wanjina Wunggurr Uunguu Active WC99/35 WAD6033/99 Mediation 25 Wanjina/ 30 Wunggurr- These three Active WC99/11 WAD6015/99 Finalised. Post applications Wilinggin determination are managed implementation Wanjina/ 26 } together as and assistance in 31 Wunggurr- Wanjina/ Active WC02/4 WAD6006/02 relation to future Wilinggin #2 Wunggurr- acts. 32 Ngarinyin Wilinggin Active WC95/23 WAD6016/96 16 Annual Report 2006 - 2007
Development of New Native Title Applications The KLC policy to investigate, lodge and negotiate Native Title country claims continued in the reporting period. The investigation of new claims is primarily based upon the policy of developing either cultural bloc claims or claims which extend as far as possible across the traditional country of the relevant group. Many of these ‘new’ claims’ being considered may result in the merger of current, smaller claims which were originally developed based upon pastoral lease boundaries. Proposed Kija Native Title Application Significant anthropological work was undertaken in the reporting period to progress consideration of the Purnululu, Malarngowem and Ngarrawanji claim boundaries and to determine whether those claims and relevant surrounding unclaimed areas should be put forward as a single Kija cultural bloc. Instructions were received at a meeting of Traditional Owners in October 2006 to lodge a claim over the unclaimed areas. Proposed Ngurrara #2 Native Title Application Preliminary anthropological work has been conducted in the unclaimed traditional lands of the Ngurrara native title applicants and further work is planned for the next reporting period. It is anticipated that the consent determination of the current Ngurrara native title application in the next reporting period will assist a speedy resolution of a future application for the remainder of the applicants’ traditional land. Proposed Jaru Native Title Application Research was undertaken during the reporting period in relation to development of a Jaru native title application to be lodged over the areas east of the Lamboo application and south of the Purnululu application. The current Lamboo and Koonjie-Elvire native title applications are established in accordance with pastoral lease boundaries, rather than cultural boundaries. The applicants for both the Lamboo and Koonjie-Elvire applications have given instructions to be included in a future Jaru native title application. Proposed Nyul Nyul Native Title Application Instructions have been received to lodge a claim over the traditional lands of the Nyul Nyul people, north of Broome. Preliminary anthropological work has been conducted in the reporting period with further work planned for the next reporting period. This work will form the basis of the information to be provided to KLC’s Grants Committee in Native Title Matter which is required to make a decision on the merits of lodging the claim. When this decision is made KLC will seek additional resources to progress the Native Title Application. Proposed Warrwa Native Title Application Instructions have been received to lodge a claim over the traditional lands of the Warrwa people, in the Derby area. Preliminary anthropological work has been conducted in the reporting period with further work planned for the next reporting period. This work will form the basis of the information to be provided to KLC’s Grants Committee in Native Title Matter which is required to make a decision on the merits of lodging the claim. When this decision is made KLC will seek additional resources to progress the Native Title Application.
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Proposed Djaberra Djaberra Native Title Application Instructions were received by some members of the claim group to lodge a claim over the traditional lands of the Djaberra Djaberra people, north of Broome. However, other members of the group have sought independent legal advice and do not wish to KLC to represent the claim group. A meeting is to be arranged by the alternative legal advisers in the new reporting period with a view to resolving the issue of representation. Preliminary anthropological work has been conducted in the reporting period. Should the group decide to instruct KLC then further work will be planned for the next reporting period. This work will form the basis of the information to be provided to KLC’s Grants Committee in Native Title Matter which is required to make a decision on the merits of lodging the claim. When this decision is made KLC will seek additional resources to progress the Native Title Application.
Priorities — Categories of Claims The prioritisation of Native Title claims continued to be considered at regional planning meetings. Priorities were considered in consultation between KLC and the Office of Native Title (ONT) with the assistance of the National Native Title Tribunal. All claims in which KLC provides facilitation and assistance are important. However, as resources do not permit all claims to be progressed concurrently, claims are necessarily prioritised by reference to the policies adopted by the KLC Executive for establishing priorities, including but not limited to consideration of resources. In the reporting period KLC developed a system of categorising priorities as follows: Category A - Litigation • Completion of all claims in litigation and post determination implementation requirements. Category B - Mediation (in descending order) • Negotiation of consent determinations following agreement on connection. • Negotiation and agreement with the State on the scope of connection reports, assessment of existing material for inclusion in connection reports, finalisation of connection reports, and lodgment of reports with the State. (State Government policy provides that agreement on connection is a prerequisite for a matter to proceed to mediation for a consent determination.) • Preliminary preparation and assessment of connection material. • Resolution of claim boundaries in accordance with the scope and area of traditional country. This process is assisted by KLC Executive and Special Advisors as well as Kimberley Aboriginal Law and Culture Centre executives. Category C - Protection of Native Title Future acts: agreement-making to protect and preserve Native Title rights and interests and cultural heritage, to assist proponents develop an appreciation for such, and settlement of socio- economic benefits to compensate for loss or impairment of NativeTitle rights and interests. The activity levels of claim work programs generally reflect the agreement reached between the KLC and the State at the Regional Planning meeting in October 2006 and March 2007. As claims are finalised the KLC Executive will consider, subject to the availability of resources, the upgrading of the activity attached to other claims.
18 Annual Report 2006 - 2007
Report on Activities by Category Category A - Litigation Bardi and Jawi The appeal against the determination of 30 November 2005 was lodged on 10 July 2006. The appeal was heard in Perth in February 2007. The appeal seeks to overturn the finding that no native title exists over part of the area claimed in the original application, including the islands and sea off Dampier Peninsular. While a decision to appeal is never taken lightly by native title claimants, particularly given the extraordinary amount of time usually required to obtain a native title determination, there were a number of matters in the 30 November 2005 determination that were considered amenable to appeal and to be so inconsistent with the traditional laws and custom of the Bardi Jawi that an appeal was required. Notwithstanding the appeal, the claimants have sought to maintain discussions with respondent parties to ensure that all opportunities are taken to resolve the matter by agreement. In June 2007 a large community meeting was held to take instructions on the structure for the Bardi and Jawi prescribed body corporate. It is anticipated that the final Rules will be filed with the Court prior to 30 September 2007. Instructions were also given to develop an ILUA between the Bardi and Jawi PBC and the two community councils operating in the area subject to the native title determination. Assistance from the National Native Title Tribunal is being investigated to develop this ILUA. Instructions were also given to develop a formal agreement between the PBC and the KLC for possible assistance in relation to the PBC’s responsibilities in relation to future acts. Wanjina Wunggurr Wilinggin As noted in previous reports, this determination was handed down in August 2004, giving effect to the judgment of the Federal Court delivered on 8 December 2003. The Rules of the Wanjina Wunggurr (Native Title) Aboriginal Corporation were approved by the Registrar of Aboriginal Corporations on 18 September 2006 and subsequently nominated to the Federal Court. In accordance with the strategy of progressing native title applications where possible through a cultural bloc, the Rules allow the Corporation to hold and manage the native title determined in the Wanjina Wunggurr Wilinggin determination as well as future native title determinations in the related Wanjina Wunggurr Dambimangarri and Wanjina Wunggurr Uunguu native title application. This means that the major post-determination task of establishing the PBC will already be completed when determinations are made for these two related claims. Rubibi As noted in the previous Annual report, on 28 April 2006, the Federal Court handed down its final decision in relation to the Rubibi native title application, together with a determination of Native Title in favor of the Rubibi native title holders. An appeal was filed by the State of Western Australia in June 2006, a defence and cross appeal filed by the Rubibi applicants on 22 June 2006 and a cross appeal filed the Walmun Yawuru respondents 23 June 2006. The appeal was heard by the Full Court in March 2007 in Perth. The Full Court’s decision is not expected until 2008. Significant progress was made in the reporting period establishing the Rules for the Prescribed Body Corporate to hold and manage the native title. A series of large community meetings and 19 Kimberley Land Council
small family meetings were held between April –June 2006 to take instructions on the structure and operation of the PBC and it is expected that the Rules will be filed with the Federal Court by no later than November 2007. The Yawuru native title holders have also been involved in formal negotiations with the State Government for a comprehensive agreement to settle all land issues in the claim area (“the global negotiations”), discussed below in the section relating to agreements. Karajarri As noted in previous Annual Reports, in 2002 and 2004, the Federal Court recognised native title over the area subject to the Karajarri native title application with the consent of all parties. Some outstanding post-determination issues remain. As an element of the 2004 consent determination, the Karajarri and pastoralists agreed to enter into negotiations for a co-existence agreement. Discussions have been ongoing for several years and impediments remain. Subject to resources, the KLC is hopeful that a co-existence agreement can be negotiated. Two other matters arising from the consent determination remain outstanding in relation to commitments made by the State to transfer the ALT lands within the claim area to the Karajarri PBC and a joint management agreement with Department of Environment and Conservation over Dragon Tree Soak. Discussions with the ALT are progressing although, as with all hand over of ALT lands, has been relatively slow. In relation to Dragon Tree Soak, an expert consultant has been engaged by the KLC to draft the Dragon Tree Soak joint management plan, and negotiations with the State as well as a trip to Dragon Tree Soak are planned for the next reporting period in order to finalise this matter. By way of assisting the native title holders with the effective enjoyment of their native title, the KLC has also provided assistance in developing agreements with the State to facilitate the provision of services: • an ILUA over the town of Bidyadanga; and • working closely with the Department of Planning and Infrastructure, and the Department of Housing and Works for a community layout plan for Bidyadanga, which will ensure orderly development of the community and key services (such as extra housing, community facilities, sewerage ponds, rubbish tips etc); and • working closely with the Department of Indigenous Affairs and the Aboriginal Lands Trust. Category B - Mediation Miriuwung Gajerrong #4 A consent determination in relation to this application was achieved during the reporting period and formally ordered by the Federal Court in a ceremony on country in November 2006. The nomination of the PBC was made to, and accepted by, the Federal Court on the same day. Wanjina Wunggurr Uunguu & Wanjina Wunggurr Dambimangarri As noted previously, the Wanjina Wunggurr Uunguu and Wanjina Wunggurr Dambimangarri are related to the Wanjina Wunggurr Wilinggin claim, which was determined in August 2004. Together, the three claims cover the ‘cultural bloc’ for the traditional owners associated with the Wanjina Wunggurr cultural tradition. During the reporting period, the State accepted connection of the claimants to the claim area. However the Commonwealth has challenged connection certain areas of land and sea country 20 Annual Report 2006 - 2007 in the Dambimangarri claim. The Applicant is waiting to hear the Commonwealth’s position on the Uunguu native title application. It appears that the Commonwealth is considering revisiting current jurisprudence in relation to recognition of native title in the sea. KLC has received advice that native title over the Yampi Defence Lands which form part of the Dambimangarri claim area has been extinguished. The KLC are currently investigating the basis for discussions with respondents in relation to a native title compensation application. Noonkanbah KLC was a respondent in this claim representing the rights and interests of a number of traditional owners who are recognized as Native Title holders in the determination. However, KLC’s assistance and facilitation of the claim in the current reporting period has comprised financial, anthropological (Expert Report to the Federal Court), logistic and technical support to the Applicant to finalise a consent determination in the matter. This assistance has been provided pursuant to an agreement reached between the KLC and the Applicants’ representative and has necessitated a significant commitment of resources by the KLC, including significant staff resources. Following the completion of joint field work and a joint anthropological report bythe Applicant and the KLC, a consent determination was reached. The Federal Court formally ordered recognition of native title in accordance with the consent determination in a ceremony on country in April 2007. The Court ordered that the KLC provide assistance to the Applicant upon request in relation to the development of a PBC, however no request was received during the reporting period. Balanggarra In the previous reporting period, following the submission of a supplementary anthropological report to the Office of Native Title, the State accepted connection in relation to theland component of the Balanggarra Combined claim subject to a limited number of outstanding issues. The State also required a significant amount of further information in the Balanggarra #3 claim area to satisfy connection. In this reporting period, significant progress continued to be made towards mediation ofa consent determination. The additional material required by the State was completed by an expert anthropologist, but is yet to be assessed by the State. Ngurrara During the reporting period, the State Government accepted connection of the applicants to the claim area. The details of a consent determination are anticipated to be finalised in the early part of the 2007-2008 reporting period. Work has commenced on the development of a prescribed body corporate, which is anticipated to be finalised in late 2007. The Ngurrara native title application has links with the Martu native title determination (which is the responsibility of the Central Desert Native Title Services). Discussions have commenced between the KLC and the Central Desert Native Title Services to create a Memorandum of Understanding in relation to issues arising between the two representative bodies which affect both claims, including shared community representations on the relevant prescribed bodies corporate and development of a consistent approach to the Canning Stock Route Permit system developed by the Central Desert Native Title Services.
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Ngarrawanji, Purnululu and Malarngowem The previous report advised that field work had been completed on an assessment of these claims for inclusion in a ‘cultural bloc’ Native Title claim. However, further field work was required to be undertaken to ensure a proper assessment of a cultural bloc claim being progressed. If the assessment indicates that a ‘cultural bloc’ approach is appropriate, discussions can take place with the State on this basis. If the assessment indicates that a ‘cultural bloc’ approach is not appropriate, the material collected in the assessment will be used to progress discussions on connection with the State for the Ngarrawanji, Purnululu and Malarngowem claims separately. In relation to the Ngarrawanji Claim, some progress continues to be made in negotiations with the State for housing development on the Moola Bulla Excisions Blocks, although impediments including cultural business have extended the time for this matter. Nyikina Mangala An expert anthropologist was engaged to develop a connection report for this claim and significant fieldwork was undertaken during the reporting period. Further field work will be conducted in October 2007 with a connection report anticipated in late 2007. Goolarabooloo – Jabirr Jabirr The progress of this claim is affected by the resolution of the Rubibi claim. During the reporting period, a review of ethnography has been undertaken by an expert anthropologist which partly indicated that further anthropological work is required. Mayala During the reporting period, the KLC engaged an expert anthropologist to conduct a desktop report. This will be followed up by fieldwork in the reporting period 2007-2008. Intensive negotiations in relation to a complex future act over a culturally sensitive island in the claim area have required considerable resources during the reporting period. Lamboo During the reporting period, the KLC continued to assist the NNTT in discussions between the Lamboo applicants and the Lamboo pastoral lessees in order to settle a pastoral co-existence agreement. This agreement should be authorized early in the next reporting period. As discussed above, progress continues to be made on the development of a Jaru cultural bloc claim which would include the Lamboo native title application (which currently follows the boundaries of a pastoral lease). Kurungal An expert anthropologist has been engaged to undertake fieldwork on connection. This will continue during the 2007-2008 reporting period. This work will include consideration of whether amendment is required to the native title application’s boundaries (currently based upon a pastoral lease) to ensure they accord with traditional law. Gooniyandi During the reporting period, an expert anthropologist commenced reviewing the native title application’s boundaries in accordance with traditional law and to commence field work towards a connection report. This work will continue during the 2007-2008 reporting report.
22 Annual Report 2006 - 2007
Bunuba An expert anthropologist was engaged to prepare a connection report, which is scheduled for completion in the early 2007-2008 reporting period. This will include reviewing the Native Title application’s boundaries in accordance with traditional law. Koonjie-Elvire The Koonjie-Elvire native title application follows the boundaries of a pastoral lease. A claim meeting was held and instructions taken to include the claim in the future Jaru native title application (discussed above).
Category C - Protection of Native Title
The KLC’s functions and activities in relation to protection of Native Title are performed concurrently through: 1. pursuing recognition of native title rights and interests, through progression of applications for determinations of native title as described above; and 2. utilisation of future act provisions and processes, including representation of Traditional Owners in future act negotiations. The KLC has progressed negotiations in a number of major agreements for the protection of native title rights and interests during the reporting period. These agreements are reported on in more detail below. As in previous reporting periods, the KLC has also maintained representation of native title claimants’ rights and interests in relation to the large number of notices for future act developments issued in the reporting period, and continues to pursue resolution of the issues surrounding such notices through agreement making. The KLC’s performance in relation to future acts notices is reported on in more detail below.
Output 1.2 – Non-claimant Applications No non-claimant applications were made in the Kimberley Land Council NTRB area in the reporting period. Output 1.3 – Agreements The role of agreement-making in the performance of NTRB functions It continues to be KLC’s experience that negotiated outcomes provide tangible benefits for Traditional Owners, proponents and the wider community. Negotiations generally occur at a far lower cost than litigation or other forms of disputation when measured in terms of resource allocation, social and community benefits and the cost to relationships between native title holders, proponents and the wider community. Many future act negotiations require highly technical expert advice, particularly in relation to mineral resource development. The necessity for KLC to contract this expertise from outside the organisation has been an issue over a long period of time. While external assistance will continue to be required, particularly for more complex or technical matters, the KLC has moved significantly towards reducing external costs associated with agreement-making by developing its own internal expertise. The development of this internal expertise will continue in future reporting periods.
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It remains KLC’s practice to seek financial assistance from proponents to meet the costs of negotiation and agreement making. This approach alleviates the strain on limited NTRB funding and has allowed KLC to successfully engage in most agreements discussed, such as the Rubibi Global Negotiations. Where third party funding cannot be secured and NTRB funds must instead be allocated for agreement-making to proceed, tension can be created between the need to respond fully and systematically to the future act matters and the need to progress Native Title applications. This tension is a major factor in a less than optimal response to progressing all future act negotiations. This shortfall in resource allocation remains a significant concern for the KLC and a significant frustration for third parties. Major Future Act Negotiations and Agreements During the reporting period, negotiations or post agreement implementation, were progressed in 11 major agreements. This constitutes the most intensive agreement-making activity the KLC has experienced as an NTRB and reflects the KLC’s commitment to negotiated outcomes. Although some of these agreements relate to future acts or anticipated future acts, and hence are also relevant to Output 1.5, all major agreements are described in this Output 1.3. Kimberley LNG Negotiations In the reporting period, there has continued to be significant developments in relation to possible liquified natural gas (LNG) exploitation along the Kimberley coast. There are a numberof commercial proponents currently considering developing gas reserves in the Browse Basin. These include, Woodside, Inpex, Chevron, Total, Nexus, and Shell. Current technology and economic constraints mean these proponents need to consider establishing LNG processing and export facilities on the Kimberley coast. The KLC represents the relevant traditional owner groups on whose land any LNG processing plant or industrial hub is likely to be built. The success of any such major project will require, among things, proper arrangements with traditional owners. This means an inclusive and comprehensive process for the negotiation and development of agreements between traditional owners and project proponents, attention to implementation of the agreements and adequate resourcing of the negotiation process. Funding of the KLC involvement has been from several sources but all developments have required the involvement of the KLC Executive, the Executive Director, the Principal Legal Officer and the Management Team. Costs in relation to this involvement are fully recovered. The KLC has been involved in discussions and/or negotiations in relation to four primary development options. Inpex Browse Ltd The most advanced of the proponents is Inpex Browse Limited. In August 2006 the Minister for Industry Resources and Tourism granted Major Project facilitation status to Inpex’s proposed project to develop the Ichthys gas fields, located in the Browse Basin gas fields off the West Kimberley Coast and the construction of a new onshore LNG facility. Major Project status constitutes recognition by the Commonwealth of a project’s strategic significance to Australia. Inpex is currently evaluating the Maret Islands as a potential location for its LNG processing facilities. The KLC, on behalf of the Wanjina Wunggurr Dambimangarri and Wanjina Wunggurr Uunguu traditional owners, have engaged in non-exclusive discussions and consultations with Inpex in
24 Annual Report 2006 - 2007 relation to their proposed projects. Wanjina Wunggurr Uunguu traditional owners, the KLC and Inpex have recently entered into a Negotiation Protocol, a Heritage Protection Agreement and a Flora and Fauna Studies Agreement with respect to Inpex’s proposed Maret Island project. Industrial Hub The State has proposed the development of an LNG “hub”, somewhere on the Kimberley coast, as a potential ‘industrial park’ for the processing of Browse basin hydrocarbons and possible subsequent downstream development. The State Government has also recently established a “Northern Development Taskforce” to, among other things, find a suitable location in the Kimberley for an LNG hub, negotiate with Traditional Owners and negotiate with commercial entities in relation to the establishment of the LNG hub. The KLC has been involved in discussions with the State in relation to the development an industrial hub and the work of the Northern Development Taskforce. Partnership Between Traditional Owners, the KLC and Industry The KLC has recently called for expressions of interest from LNG proponents, infrastructure providers, financiers and other relevant parties to submit an expression of interest towork with the KLC and Traditional Owners in implementing a world best practice responsible development approach in relation to proposed onshore LNG development in the Kimberley. These discussions are ongoing. Woodside Woodside is also investigating options for an LNG development to process gas from the Browse gas fields. Discussions have been proceeding since 2004 and have included numerous face- to-face meetings between the KLC, Traditional Owners and Woodside. In 2006, discussions between Woodside, KLC staff and Traditional Owners have been dealing with land access and heritage issues for investigations and studies on Dambimangarri land. Community Consultations and Site Inspections on the Dampier Peninsula were, until recently, undertaken jointly with the KLC and Woodside. Woodside are currently undertaking their own consultation process. Broome Native Title Global Negotiations The Yawuru native title holders have been involved in formal negotiations with the State Government for a comprehensive agreement to settle all land issues in the Rubibi determination area (“the Broome Native Title Negotiations”). Pursuant to a funding agreement between the KLC and the State Government, a Rubibi Negotiation Team was established in Broome and staff appointed. The KLC Executive Director, Principal Legal Officer and other staff provide assistance as required to the Negotiation Team. The following key matters have been achieved during the reporting period • Decision making processes relevant to the Rubibi Negotiation Team have been developed. • Regular meetings have taken place between the Negotiation Team and the State. • Signing of a Negotiation Protocol establishing the process and funding arrangements for the negotiations. • Signing of a Heritage Agreement establishing the process for dealing with cultural heritage matters in developments pursued by the State. • A funding agreement has also been reached with the State. • Progress on developing an appropriate corporate structure to hold and manage existing assets of the native title holders as well as the benefits arising from the global negotiations.
25 Kimberley Land Council
Significant progress has also been made on responding to future acts which lay outside of the negotiations and progress has been made on implementing in concert with the Shire of Broome, the Broome Planning Report, a process which primarily relates to the Shire of Broome but which is auspiced by the WA Planning Commission. It is anticipated that the Rubibi Global Negotiations will continue well into the next reporting period. Miriuwung Gajerrong Ord Stage 2 Global Negotiations The Ord Final Agreement, the culmination of the two year Miriuwung and Gajerrong Ord Stage 2 Global Negotiations, was registered as an ILUA on 16 August 2006. During the reporting period, significant work was progressed in implementing aspects of the agreement, in particular progressing corporate structures, including all associated financial and strategic plans, finalizing significant transfers of land and progressing structures for joint management of parks and progressing economic development opportunities. Uncertainty around the Ord Stage 2 irrigation project, difficulties in recruitment of qualified staff to manage the MG Corporation and the overall escalation in the costs of implementation have put the MG Corporation under considerable stress in early days of its operation. Given the national significance of the Ord Final Agreement and the considerable time and resources previously committed to its negotiation, these difficulties are of great concern to the KLC. Aztec Resources As noted in the previous reporting period, the Koolan Island Co-existence Deed was executed on 24 April 2006 and sets a new benchmark for agreement making between Native Title claimants and mineral development proponents, both in terms of process and outcomes. In this reporting period, the KLC and the Dambimangarri native title applicants have been engaged in post implementation work of the agreement. The KLC has been appointed by the native title applicants as the administrator under a formal deed. This deed sets out requirements concerning the rules for dealing with benefits and establishment of an appropriate trust structure, financial advice in relation to benefits and liaison with the company, and engagement of an employment and training officer. This position has already successfully assisted a number of traditional owners in achieving employment positions in the mining operation. Kimberley Nickel Mine (formerly Sally Malay Ltd) During the reporting period, an agreement in relation to its existing mining activities and future mining activities between Kimberley Nickel Mine, KLC, and the traditional owners was authorised in Warmun on 28 June 2007. It is anticipated that the agreement will be finalised in the first half of the next reporting period. The benefits package of the authorised agreement includes compensation, employment and training, education and health funding, business opportunities and a liaison officer position to assist communication between the traditional owners and the company. El Questro Cultural Tourism ILUA Negotiations have progressed in relation to the terms of an ILUA between the Wilinggin native title holders, the Balanggarra #3 native title applicants and the pastoral lessees at El Questro in relation to consent for cultural tourism. Wyndham Prawn Farm Discussions were revived between the Balanggarra native title applicants and Southern Cross Aquaculture in relation to the Wyndham Prawn Farm. 26 Annual Report 2006 - 2007
Aboriginal Lands Trust The KLC continued to work with the WA Department of Indigenous Affairs regarding the transfer of Aboriginal Lands Trust held land to identify priorities, although progress is relatively slow. Two blocks in the Rubibi native title determination area have been handed back. Progress has been made in relation to: • returning two town blocks in Kununurra to the Miriuwung and Gajerrong Corporation; • commitments made by the State of Western Australia in relation to the Karajarri consent determination, regarding the transfer of ALT lands within the claim area; and • finalisation of the transfer of the old Derby leprosarium. • the transfer of two pastoral leases within the Tjurabalan Determination area The KLC will continue to work with the ALT to speed up the process for transferring the ALT Kimberley estate to the traditional owners. Output 1.4 — Compensation Claims No compensation applications for the loss of native title were made in the reporting year. Output 1.5 — Responses to Future Acts The appointment of a Future Act Officer, funded by the State Government Office of Native Title (ONT), was maintained during the reporting period. This State-funded position remains a fundamental part of the KLC’s ability to respond to the very large number of future act notices it receives in each reporting period. The degree of response to future act notices by the KLC is dictated by the available resources and subject to the priorities set by the Executive Committee. The KLC has adopted policies and procedures to ensure that, so far as possible, registered native title claimants are notified of any acts that may affect their Native Title rights and interests. This is done as a matter of principle and in accordance with the requirements of this function under the NTA. Internal procedures adopted by the KLC to maximise this response output include the entry of all future act notices on to a database and provision of those notices to respective native title claim groups for the purposes of notification. The Future Act Officer continued to be responsible for streamlining the process by which the KLC responds to future act notices, in particular mining and exploration matters, and refining the data collection process and the database for reporting purposes. Streamlining of the future acts procedures, and further development of the future acts database and notification process will continue to be a priority in the next reporting period. The level of work in the future act area is shown in Table 2 (Output 1.5 and Output 4 – Notification). In the reporting period the KLC made, or otherwise facilitated the making of, responses to 206 future act notices. Of the 269 notices received in the reporting period, 224 were mineral tenement-related applications. • mineral tenement-related notices such as exploration, prospecting, mining and petroleum titles; • compulsory acquisition notices for land to be used by a third party; • water licenses; • road building; and • other purposes.
27 Kimberley Land Council
Each type of future act attracts a different procedural right for registered claimants. In accordance with the Service Level Agreement between the State and the KLC, during each reporting period the KLC is required to submit to the State of Western Australia two (2) six- monthly Future Acts Officer Reports showing the number of future acts for which notices were received, by type. Table 2 below lists Future Acts activity by type.
Table 2: Future Acts Type of Future Act Number Exploration License Applications 195 Prospecting License Applications 23 Mining Lease Application 6 Miscellaneous applications 7 Lease 1 Residential 1 Agriculture 1 Water Supply 4 Public Works 6 Petroleum License Applications 9 Clear Native Vegetation 10 Aquaculture Licenses 5 Pearl Farm Lease 1 TOTAL 269
Other Future Act Activities
The KLC continues to be engaged in a high number of significant future act negotiations, whilst managing a broad future acts workload. During the reporting period: • 110 objections were lodged, • 83 agreements were entered into, and • 56 objections were withdrawn (41 of those were withdrawn because an agreement had been signed) • three tenement were excised so that they will not affect any Native Title Groups
28 Annual Report 2006 - 2007
Output 2 - Certification Once work commences on the preparation of an application for determination of Native Title, KLC staff undertake the following tasks: • ethnographic research to identify the basis of the community of Native Title holders, the area of land and/or sea to be claimed, and the membership of the claimant group; • assistance to the community of Native Title holders to organise a series of inclusive and widely advertised meetings in relation to the application; • provision of advice on the legal and other issues affecting the application; • if requested, the provision of advice to the community in relation to the selection of the appropriate named applicants; • making records of minutes of all meetings, and of the decision-making process undertaken within the meetings; and • drafting application forms. As part of the process of certification, a memorandum is prepared detailing the decision-making process by which the claimants select and authorise the applicants. If the KLC is satisfied that there has been a proper and fair process to authorise the named applicants by the claimant group, that all reasonable efforts have been made to identify all persons who hold or may hold Native Title rights and interests in the relevant land and waters, and that the application properly identifies the Native Title claimant group, then the Executive Director may certify the application. In this reporting period, no new native title applications or ILUAs were certified.
Output 3 - Dispute Resolution
KLC dispute resolution functions are based on a philosophy that emphasises mediation and negotiation within the community of Native Title applicants, and seeks to identify one cohesive Native Title holding group prior to the lodgment or progressing of Native Title applications. The process undertaken to assist in developing agreement between and within groups generally comprises of four parts. 1. Development of a comprehensive profile of the relevant Native Title community through detailed anthropological, historical, cultural and linguistic research, in order to guide facilitation and mediation strategies. 2. Convening inclusive community meetings that attempt to identify any relevant differences and disagreements between people. Depending on the gravity of a dispute, a community member of high standing or an impartial person of high standing from outside the community (such as the KLC Chairman, Deputy Chairman or Special Advisors) may be asked to chair the meeting. The KLC will assist the community to propose their own solutions to the relevant issues. 3. Where necessary, individual meetings may be held with concerned people to provide information and advice. 4. If no progress is made through internal attempts at dispute resolution, assistance may be requested from various formal institutions in relation to mediation. Such institutions include the Kimberley Aboriginal Law and Culture Centre, the National Native Title Tribunal and the Federal Court.
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Output 3.1 — Disputes relating to Native Title applications It is the KLC’s policy to endeavour to resolve disputes relating to Native Title applications by consultation at claimant meetings and in the course of claim preparation. In the current reporting period a dispute related to the Lamboo Native Title claim was resolved by settlement of a pastoral co-existence agreement. The National Native Title Tribunal assisted in this dispute resolution. An ongoing dispute between the Purnululu native title claimants (represented by the KLC) and the Jidngarri native title claimants (who are not represented by the KLC) exists. In the reporting period, a meeting has been organised between the relevant claimants and the senior Kija and Jaru law bosses to take place early in the next reporting period. This meeting will be assisted by KLC Chairman, Special Advisors and Kimberley Aboriginal Law and Culture Centre executives.
Output 3.2 — Disputes relating to ILUAs, rights of access and other matters
Nyikina Mangala Shire of Derby West Kimberley ILUA The KLC on behalf of the Nyikina Mangala Native Title claimants negotiated and Indigenous Land Use Agreement with the Shire of Derby West Kimberley. An objection to this ILUA was lodged by the Warrwa people on the basis that as Traditional Owners over part of the area covered by the ILUA they were not properly notified in accordance with the NTA. In effect there is a small area of land at the northern boundary of the ILUA area which may be an overlapping claim. The KLC has sought the assistance of the NNTT with negotiations for the possible withdrawal of the objection. The KLC has also planned to hold meetings with the Warrwa people and the Nyikina Mangala native title claimants separately and then jointly in the next reporting period. The KLC was asked to facilitate mediation in a further intra-indigenous dispute between the Wunambal Gaamberra Trust Corporation and the Kandiwal Indigenous Corporation, in relation to transfer of Aboriginal Land Trust land. Work undertaken during the reporting period, will lead to formal mediation in the next period.
Output 4 - Notification
The KLC has adopted policies and procedures to ensure that, so far as possible, registered Native Title claimants are notified of any acts that could affect their Native Title rights and interests. This is done as a matter of process and in accordance with the requirements of this function under the NTA. KLC’s performance against this function is reported in detail in the section above dealing with future act notices.
Output 5 - Agreement Making
Output 5.1 — Number of ILUAs affected The Ord Final Agreement was registered as an ILUA in August 2006. 30 Annual Report 2006 - 2007
Output 6 - Internal Review There were no internal reviews during the reporting period. The KLC has two separate review policies relating to the exercise of KLC NTRB functions. One relates to decisions of the NTRB Grants Committee Application for Assistance in Native Title matters and the other relates to decisions of the KLC generally in the performance of our functions or exercise of powers. Review of KLC NTRB Grants Committee Decisions — Reasons for Decision Open and transparent policies have been adopted and implemented by the KLC over a number of years in relation to the decision making and review processes of its Grants Committee. The KLC’s Guidelines for Assistance in Native Title Matters sets down the following procedure in cases where the Grants Committee determines that assistance should not be provided. 1. If the Grants Committee rejects an application for assistance, the KLC provides the applicants with written reasons for the decision. The applicants are informed of their right to have the decision reviewed. 2. If applicants are dissatisfied with any aspect of the decision, and they give the KLC written notice that they wish to have the decision reviewed, then a review is conducted by a KLC NTRB Review Committee. The Review Committee consists of the KLC Chairperson and four nominees. This review committee cannot include any member of the Grants Committee that made the original decision, and members must declare any conflict of interest and absent themselves from the committee in the case of any such conflict. 3. In reviewing the decision, the NTRB Review Committee considers whether: (a) any breach of natural justice has occurred; (b) the decision was in any way induced or affected by fraud; (c) there was insufficient material presented to justify the decision; (d) an irrelevant consideration was taken into account; (e) a relevant consideration was not taken into account; (f) there was any element of bad faith in the decision making process; (g) proper consideration was not made of the merits of the case before the decision was made; (h) the decision was an unreasonable one; and/or (i) the decision was arbitrary. 4. Once a decision is made, the NTRB Review Committee provides written reasons to the applicants for the decision. If the applicants are still not satisfied, they have the right to have the decision reviewed under the Administrative Decisions (Judicial Review) Act 1977 (Cth). Applicants also have the right to seek a review of a decision under s203FB of the NTA. The availability of this process of internal review is publicised through the following mechanisms: • in writing at the time of informing applicants about the initial NTRB Grants Committee Decision; • in community meetings; and • at KLC Executive Committee meetings, in accordance with KLC guidelines for assistance.
Output group 6.1 & 6.2 — Number of Reviews Pending and/or Completed
There were no reviews pending or completed during the reporting period. 31 Kimberley Land Council
Output 7 - Other Functions Output 7.1 — Educational Resources During the reporting period the KLC produced 13 newsletters for our constituents containing information and educational material on current issues affecting the organisation and developments in Native Title law and related matters. The KLC also produced an Annual Report. Individual project and claimant newsletters were prepared to inform applicants of developments specific to their area. The Chairman and Executive Director of the KLC appeared periodically on Kimberley regional, and wider radio and television, and in print to provide information about issues currently affecting Native Title holders. The KLC issued media releases about relevant issues on a regular basis. The KLC maintained and updated its website, containing information for members and the general public on a range of relevant issues. The website allows downloading of newsletters, media releases, Annual Reports, the Strategic Plan, and other documents. Links are provided to other relevant websites, including the National Native Title Tribunal. The KLC monitors the media for relevant information, which is distributed as appropriate to members, the Executive, and staff. It is the policy of the KLC to produce innovative ways of disseminating information to address the diverse linguistic and cultural needs of the community. Meetings with claimant groups were regularly convened at which information was provided to our members about current issues affecting Native Title holders and claimants, and developments in Native Title law. Regular meetings of the Executive Committee were held at which KLC policy positions were developed. As part of this process, the Executive Committee was informed of the wider community’s range of views on Indigenous issues, and responses were developed as appropriate. The Executive Committee members are charged with the responsibility of representing their claim group’s views and communicating KLC policy developments back to their claim groups. Output 7.2 — Agreements with Other Representative Bodies The KLC has two formal agreements with other NTRBs. • An agreement (Alliance of Western Australia Aboriginal Land Councils) has made in the previous reporting period under section 203BJ and 203BK(1) of the Native Title Act, continues with all WA NTRBs (Ngaanyatjarra Council, Goldfields Land And Sea Council, Yamatji Marlpa Land And Sea Council, South West Land And Sea Council, and the Kimberley Land Council) to work together and create efficiencies. • The National Native Title Council was finalised in the reporting year. The Council is an alliance of NTRBs throughout Australia primarily tasked with providing an effective national response to policy issues affecting native title from the point of view of native title claimants/holders. • Discussions have commenced between the KLC and the Central Desert Native Title Services to create a Memorandum of Understanding in relation to issues arising between the two representative bodies which affect both claims, including shared community representations on the relevant prescribed bodies corporate and development of a consistent approach to the Canning Stock Route Permit system developed by the Central Desert Native Title Services. • The KLC plans to conduct discussions for MoUs with other adjoining NTRB’s in the next reporting period.
32 Annual Report 2006 - 2007
Output 7.3 — Identification of Claimants and Holders During the reporting period the KLC conducted ethnographic research across several regions. The results of this research are held within the KLC’s records management systems. This research also contributes to the substantial holdings of the KLC’s library. Current data retrieval records are updated to ensure all information is captured and accessible. Governance and Administration The KLC maintains appropriate accountability and management systems which result in unqualified audit reports. The system provides timely and high-quality information to support governance decision making and accurate and meaningful information to users on a regular basis. This ensures adequate financial controls are in place to responsibly manage the resources of the organisation. Consultation (203D) In compliance with its statutory functions of consultation about matters relevant to the operations of the NTA, the KLC consults as extensively with its members as resources permit. As a community-based organisation, the KLC employs various consultative mechanisms. The primary means of consultation is through Native Title claimant group meetings, which are held as regularly as resources permit. These meetings provide a community and claim group-based forum where Traditional Owners are advised on the legal framework of Native Title, and recent court decisions relevant to the progress of their Native Title applications and/or agreement negotiations. These meetings also provide a forum for the taking of instructions in relation to specific future act or Native Title claim developments, as necessary and appropriate. The degree of consultation with any particular claim group reflects priorities set by the Executive Committee. The KLC Executive Committee recognises that the priorities will shift in the next financial year following the anticipated completion of current matters in litigation (save for any possible further appeals) as they have done so in previous years. Decision Making and Review (203D) It is KLC policy to make orderly and transparent decisions in accordance with the organisation’s Guidelines for Assistance in Native Title Matters. The KLC continues to review, improve and publicise the KLC’s decision making policies to ensure that they are effective, with appropriate and efficient internal review processes. Priorities (203D) The KLC continued to progress claims and applications prioritised according to the principles and categories outlined and in the KLC Guidelines for Assistance in Native Title Claims, including: • the finalisation of Native Title cases currently before the courts; • the advancement of Native Title applications in the mediation process by preparing connection reports; and • the maintenance of other Native Title applications in the mediation stream by further claim research and assisting claimant groups with side negotiations and agreements relating to Native Title rights and interests. • other priorities set by the Executive Committee
33 Kimberley Land Council a) ii Actual Performance in Relation to Performance Targets, and Reasons for Differences
Set out below in tabular form is a summary report of the KLC’s performance against output targets in the reporting period. The information in the table summarises the more detailed report on performance in the above sections of the Annual Report. Table 3: Actual Performance In Relation to Performance Targets Facilitation and assistance Number Claimant Applications (total) 32* • Filed this year 0 • Number current 29 • Number registered with NNTT 29 Non-Claimant Applications – Agreements 87 Compensation Claims 0 Responses to Future Acts 269 Determination of Native Title 2 ILUAs registered 1 Disputes relating to Native Title Applications 2 Disputes relating to ILUAs, rights of access 1 and other matters Number of ILUAs effected 0 Number of reviews pending 0 Number of reviews completed 0 *NOTE: There were 32 claimant applications, although as Table 1 indicates the KLC grouped some of these applications as single activities. b) Narative Discussion and Analysis of Performance
Trend Information The KLC was, generally, able to manage its workload in accordance with the Operational Plan in relation to both time and budget. Factors, Events or Trends Influencing Performance Factors which influenced the KLC’s performance were generally external and beyond KLC’s control. Significant external factors that impacted directly on the KLC’s ability to maintain its objectives and priorities within desired timeframes include the following. • The approach taken by the State Government, Commonwealth Government and other parties to the settlement of Native Title claims by agreement and the consequent resort to litigation. • Amendments to the Native Title Act 1993 • Repeal of the Aboriginal Councils and Associations Act and the passing of the Corporations (Aboriginal and Torres Strait Islander) Act 2006
34 Annual Report 2006 - 2007
• The recent approach taken by the Commonwealth in relation to settlement of sea claims by agreement – it is understood that the Commonwealth is seeking to revisit the jurisprudence established by the High Court in Yarmirr in relation to the recognition of native title in the sea. This provides considerable uncertainty, significant delay and potential exponential costs in the settlement of all Kimberley native title applications which include sea country. • The management of Native Title applications by the Federal Court, including the timetables directed by the Court and time taken to consider and deliver judgment. • Resource constraints (including the capacity to attract and retain suitably qualified staff) Changes to the Native Title Act formally announced in August 2006 include multi-year funding for NTRBs. Although the practical impact is yet to be seen, it is anticipated that the KLC will need to make significant changes to its financial planning, budgeting and management processes. Legal Environment There appears to be a trend towards mediation as opposed to litigation of native title claims. In light of developing High Court and Federal Court jurisprudence, there is increasing certainty as to how native title operates in relation to interests in land and water. These general legal requirements have been augmented by detailed judgments on specific fact situations in cases both at a Federal Court and Full Federal Court level. The development of increasing legal certainty will provide a more secure basis for all parties to enter into negotiated rather than litigated settlements of Native Title. However, as the appeals in the Rubibi and the Bardi and Jawi case indicate, the law cannot be said to be settled in a number of areas. The application of the law by individual judges will also always create some level of uncertainty in each litigated outcome. As noted above, the Commonwealth has indicated they are considering re-opening settled legal principles in relation to recognition of native title in the sea. The KLC’s priorities and activities were consistent with the increasing policy trend towards economic and social development in Indigenous communities. The Commonwealth indigenous policy framework in relation to indigenous issues takes a whole of government and outcomes- focused approach to resolving entrenched economic, social, political and cultural concerns within many Indigenous communities. Within this Commonwealth policy framework, native title is a necessary foundation for the development of effective and durable economic and social systems. Consistent with KLC policy, this framework provides the KLC with the opportunity to further develop the links between economic and social development within Indigenous communities and the recognition of traditional ownership of country, and of traditional laws and customs and traditional representative and governance structures. The KLC Operational Plan prioritises the agreement making functions, including future acts and Indigenous Land Use Agreements, reflecting the policy of the KLC to continue to deliver sustainable economic development underpinned by recognition of Native Title. The KLC continued its strong commitment to working with all parties to achieve negotiated and agreed Native Title outcomes, to ensuring the expedited resolution of all claims, and to negotiating sustainable economic development outcomes. As such the Operational Plan reflected the Commonwealth’s commitment to a fair, stable, and effective Native Title system through whole-of-government co-ordination. The KLC’s commitment to agreement making has provided a strong basis for the KLC’s effective response to high level and complex potential economic developments in the Kimberley, including gas exploration and the development of Broome as an economic and regional centre. 35 Kimberley Land Council
Regional Planning As has occurred in previous reporting years, the trend towards agreement on the prioritisation of Native Title claims continued in the reporting period. Regional Planning meetings were held with the NNTT and the State Government Office of Native Title. The meetings considered the status of each Kimberley claim, identified the claims which could realistically be advanced in the 2006-2007 reporting period, and the assistance to be provided by the NNTT. The NNTT submitted mediation reports for the Federal Court Directions Hearings identifying the status of each of the applications and referring to major Future Act negotiations. The mediation reports identified priorities and activities agreed at Regional Planning Meetings and established in the Operational Plan. The reports provided an update on progress and made recommendations in relation to future activities. The process has facilitated agreement between the KLC and the State on the prioritisation of claims and provided the basis of agreed submissions to the Federal Court on the programming of claims by the Court.
The Approach Taken by Other Parties It remained the policy of the KLC to seek settlement of native title claims by agreement where possible. Success in achieving this goal is dependent on the willingness of the other parties to negotiate fair agreements. Positions adopted by the Western Australia Office of Native Title (ONT) reflected a developing commitment to address native title through negotiation rather than litigation. The KLC is committed to consultation with the Office of Native Title. The KLC is hopeful that, through the consultative process, opportunities for negotiated settlements of remaining Kimberley native title applications will be enhanced. The policy governing negotiation of Native Title claims is established in the State of Western Australia’s Guidelines for the Provision of Information in Support of Applications for a Determination of Native Title. Compliance with the Guidelines is a precondition to commencing consent determination negotiations. During the reporting period it remained the policy of the State Government to require comprehensive connection material prior to entering into settlement discussions with the Native Title claimants. The State has indicated a greater preparedness to enter into ILUAs as part of the overall strategy for resolving Native Title matters. Notwithstanding the willingness of ONT to clarify and discuss its connection requirements, significant resources were required to prepare connection material. This requirement remained a significant factor affecting the KLC’s ability to progress more than a limited number of Native Title claims at any one time.
Resource Constraints The Kimberley covers an area of approximately 412, 451 square kilometres, divided into four local government areas, with six major towns and some 200 Aboriginal communities. Native title has been recognised over approximately 35% of the Kimberley region. Kimberley land tenure includes national parks (6%, with plans for further 4%), Aboriginal reserve (11%), pastoral leasehold (52%, with half held by Aboriginal interests) and unallocated Crown land (15%). The Kimberley economy is driven by the mining, tourism, agriculture, pastoral, pearling and fishing industries, together with the community services and public administration sectors. The KLC’s 2006 – 2007 Operational Plan sought to establish a balance between demand and resources. However the resources, human and financial, available to the KLC were limited.
36 Annual Report 2006 - 2007
The KLC’s capacity to progress all claims and to respond to all issues, including land access, was governed by resources. Any reduction in resources affects KLC’s performance. The substantial reduction in staff numbers and regional office support in the reporting period 2003 – 2004 continued to affect the amount of work that could be undertaken by the KLC. Ensuring that constituents and third parties have realistic expectations of the KLC’s capacity, and understand workload pressures, remains an ongoing issue. Effectively, each office must service an area in excess of 200,000 square kilometres. The organisation as a whole, including its Executive Committee and management staff, service an area in excess of 412,000 square kilometres. As an example, travel between Broome and Kununurra for Executive meetings involves two days’ driving. This significantly adds to costs, and has a marked effect on human resources. While the KLC continues to progress those matters in the litigation stream, and find a balance between other competing priorities, the financial and human resources available to progress other matters in mediation, and to respond to future acts, remained limited during the reporting period. KLC’s staffing levels in the reporting period are low in comparison to work demands. This has placed extremely high workload pressure on the organisation’s staff. An ongoing issue for the KLC is the strong demand on the labor market created by the ongoing growth and development of industries in the Kimberley region, in particular industries associated with the mining and resources boom in Western Australia. The KLC is not in a position to compete in the current labor market with other employers, primarily because it cannot offer salary packages which are commensurate with those offered in both the public and private sectors to experienced and less experienced professional staff. This lack of competitiveness is exacerbated by the high cost of living, including rental accommodation, in the Kimberley. The KLC’s physical office accommodation remains below standards that are conducive to efficiency, safety, and productivity. This continues to negatively affect the organisation’s outputs and performance.
Federal Court Approach to Kimberley Native Title Applications The Federal Court continued to case manage Native Title applications at six-monthly Directions Hearings during which the Court reviewed and monitored the progress of all KLC applications in the mediation stream. If the Court considers that mediation is unlikely, or that insufficient progress has been made, the matter may be referred to hearing. The Federal Court continued to take a rigorous approach to progressing Native Title applications in the reporting period. The KLC remains on track with its Operational Plan and with the timetable set by the Federal Court. Significant Changes in the Nature of Principal KLC Functions/Services There were no significant changes in the nature of the KLC’s principal functions and services. Resource allocation remained heavily weighted towards the facilitation and assistance function.
Performance Against Service Charter/Standards, Complaints Data, and the KLC’s Response to Complaints The KLC does not have an explicit service charter or customer service standards.
37 Kimberley Land Council
A process of management of complaints is used. Written complaints are referred to the Executive Director, or delegate, who assesses them. In cases where it is appropriate to respond, the Executive Director refers them to an appropriate person to manage the complaint resolution process, allocates a priority response time, and either directly manages or case manages responses required to deal with the complaint. Five complaints were received in the reporting period. These complaints related to the actions of KLC staff members. KLC responded to these complaints in accordance with the complaints procedure process detailed in the Policy and Procedure Manual. KLC Grievance Resolution Policy The grievance resolution policy is applicable where a member of the KLC is dissatisfied with a decision of the KLC Executive Director, a Sub-Committee of the Executive Committee, a delegated decision, or any act of a member of KLC staff. This policy excludes decisions of the NTRB Grants Committee. The complainant is required to notify the Executive Director of their complaint. If the matter relates to a member of staff, it is referred to that staff member’s supervisor and an internal investigation commences. If the grievance relates to a decision or act of the Executive Director, the matter is referred to the Chairman and an internal investigation takes place. The complainant is notified in writing of the outcome of the complaint. This procedure is communicated to the community through appropriate measures. c) Discussion and Analysis of the NTRB’s Financial Performance At June 30 2007 the KLC was in a strong financial position with net assets of $1,805,962 (2006— $1,966,969) and with a net current asset position of $505,608 (2006 —$597,557). Unexpended Grants at 30 June 2007 stood at $792,516 (2006 —$703,211) of which $155,475 related to NTRB Operational Grants. During the reporting year the KLC recorded a deficit across the organisation’s activities of $161,007 (2006 — surplus $199,393). This deficit was caused by a number of factors and set against a background of strong pressures on the costs of doing business in the Kimberley, flowing from the significant increase in the level of business activity during the reporting period. These pressures are expected to continue during the new reporting period. These factors included: • Increased project and agreement activity that required the KLC to expend its own funds while appropriate funding was arranged • Costs associated with ongoing projects finalised during the reporting period • Contribution of KLC Members’ Funds to support special indigenous activities in the Kimberley • Lack of funding for non-cash items such as depreciation. The KLC has maintained its process of continuous improvement of financial controls and procedures to ensure that effective financial management is maintained as the scope and cost of activities grows. The level of funding provided does not allow for re-opening of offices in Fitzroy Crossing and Halls Creek. This requires KLC staff to travel extensively, resulting in total travel and motor vehicle costs exceeding $1.6 million, a significant proportion of the KLC’s expenditure. 38 Annual Report 2006 - 2007
Table 4: Summary of Resources by Output (1) Allocation of Expenses (2) Allocation of Expenses 2005–06 $’000 2006–07 $’000 -Facilitation and Assistance 3,443 3,585 -Certification 120 0 -Dispute Resolution 214 117 -Notification Function 237 377 -Agreement Making 84 358 -Internal Review 0 0 -Other Functions 790 798 Total Price of Functions 4,888 5,247 Source of Funding Revenue from Australian 4,215 4,790 Government for NTRB functions Revenue from other Sources 413 613 Total Price of Functions 4,628 5,403 It should be noted that the figures reported are this table are not actual expenses, but allocations of expenses derived from modelling of best estimates of use of the KLC’s staff and resources.
39 Kimberley Land Council
Table 5: Operational Plan Expenditure (1) (2) Budget (3) (4) NTRB Functions (Funds utilized Actual 2006-07 Actual Variation under Native Title Program 2005-06 (Budget) 2006-07 (column Funding Agreement) $’000 $’000 $’000 3 minus column 2) Expenditure -Capital 150,744 50,400 19,568 (30,832) -Activities 2,465,157 2,854,288 2,735,797 (118,491) -Corporate 2,233,804 2,369,153 2,492,546 123,393 Total 4,849,705 5,273,841 5,247,911 (25,930)
Income FaCSIA Funding 4,390,433 4,790,302 4,790,302 0 Activity Generated Income: Heritage Clearances, Agreements, 353,542 483,539 535,081 129,543 Future Acts Other Income: Interest 34,168 32,416 32,416 Rental received 39,030 45,155 45,155 Sale of Assets 21,078 432 432 Total 4,838,251 5,273,841 5,403,384 129,543
Surplus/Deficit (11,454) 0 155,475 155,475 Note: This format was not used for Operational Plan and reporting in 2004-05 d) Developments Since the End of the Financial Year That Have Affected or May Significantly Affect the Kimberley Land Council’s Operations or Financial Results in Future Funding The amount of requested Commonwealth funding for staff costs in the year 2007–2008 was reduced by $318,347. The KLC believes this will impact on its capacity to recruit and retain suitably qualified staff, and is continuing to negotiate with the Commonwealth for improved funding.
40 Annual Report 2006 - 2007
5. CORPORATE GOVERNANCE Statement of the Main Corporate Governance Practices in Place The Corporate Governance of the KLC takes place in accordance with its incorporation under the Aboriginal Councils and Associations Act 1976. Governance practices are set out in the KLC’s constitution. To the extent allowed under this framework, the elected Executive makes decisions from time to time about governance practices. The Executive appoints an Executive Director to manage the affairs of the KLC on a day to day basis. The Executive Director is also a member of the Executive committee. The Executive Director is the interface between the Executive and the staff of the KLC. The Executive Director and senior management provide regular reports to the Executive, but the Executive take no direct role in staff management or the day to day operation of the KLC. The KLC is managed through a delegations framework and in accordance with the policy and procedures set by the Executive Committee. a) Name of the Senior Executive and Their Responsibilities The Chairman and the Deputy Chairman are elected by the Executive Committee to represent the members, the committee, and the organisation. They provide leadership and direction to the committee and the organisation, ensure that the KLC operates properly and fairly for all its members, speak on behalf of the KLC and its members, sign off on legal documents, and chair KLC meetings. Mr Tom Birch is the Chairman of the KLC (elected 1998, current). The responsibilities of the Chairman are to ensure the that the KLC runs successfully by making sure meetings are held, and that they are run properly, managing meeting agendas, allowing all Executive members to participate in decision making, ensuring they understand all decisions made by the Executive, and signing to confirm accuracy of meeting minutes. The Chairman provides leadership to the KLC, the Executive Committee, the Executive Director, and staff and acts as KLC spokesman and interface between the KLC and the broader community. Mr Frank Davey is the Deputy Chairman of the KLC (elected 1998, current). The responsibilities of the Deputy Chairman are to work closely with the Chairman, and to take the place of the Chairman when necessary. The Deputy Chairman shares the responsibilities of the Chairman in guiding the committee and ensuring the smooth running of the KLC. Mr Wayne Bergmann is the Executive Director of the KLC (appointed June 2001, current). The responsibilities of the Executive Director are the overall day-to-day operational and administrative management of the KLC, including overseeing the operations of the corporate services, financial, legal, and Native Title services units. The Executive Director is the interface between the Executive and the staff of the KLC. The Executive Director is supported by a Deputy Director, Mr Nolan Hunter [5/6/07 on] who assists the Executive Director in managing the day-to-day operations of the Land Council. The Executive Director is assisted by a management team consisting of the Principal Legal Officer Mr Robert Powrie [23/5/06 on], the Finance Manager Mr Kevin Smith, the Native Title Services Unit Manager Ms Athlea Sullivan [27/1/06 on], and the Executive Unit/Corporate Services Manager Ms Christine Robinson [4/4/2003 on]. The Executive Director and management team meet on a monthly basis to determine operational and administrative matters. Managers conduct meetings, as required, with staff in their areas of responsibility.
41 Kimberley Land Council b) Senior Management Committees and Their Roles — Separation of Powers
Number of Board and Committee Meetings, and Attendance by Members
The Executive meets a minimum of four times per year to make decisions about the direction and activities of the organisation and other appropriate matters including the Strategic and Operational Plans. The Executive has no direct role in the day to day administration and operation of the KLC. Specifically, they do not have a direct role in staff recruitment and management, or in financial management. The role of the Executive is to set the direction of the organisation, establish priorities, and direct the development of the Strategic and Operational plans. The Executive delegates implementation of its decisions, including implementation of the Strategic and Operational Plans, to the Executive Director, and through him to the staff of the organisation. The Executive Sub-Committee and Executive Committee members for this reporting period, and meetings they attended, are listed in Tables 6 and 7 following.
Table 6: KLC Executive Sub-Committee Members to September 2006
Tom Birch (Chairman) Frank Davey (Deputy Chairman) Anthony Watson Rosemary Carey Neville Poelina Edna O’Malley Linda Dean Daphne Wilfred Vernon Gerrard Pearly Gordon Alan Lawford Des Hill Joe Brown (Special Adviser) Note: The Executive Sub-Committee ceased to exist after the 2006 AGM.
42 Annual Report 2006 - 2007
Table 7: KLC Executive Committee Members 2006 – 2007
July to September 2006 (last AGM) September 2006-present CLAIM EXECUTIVE GROUP PROXY EXECUTIVE MEMBER PROXY MEMBER Tom Birch Clement Moraldj [Resigned] Vernon Gerrard Balanggarra Vernon Gerrard Tom Birch Frank Davey Irene Davey Roy Wiggan Dotty Spry Bardi Jawi Brian Lee Frank Davey Gemma Chaquebor George Brooking June Oscar Selina Middleton Bunuba June Oscar Rita Dann [Resigned] Warren Barunga Inga Pederson Christopher Sesar Dambimangarri Lindsay Mungulu Robyn Mungulu Alfred Umbagai Djaberra Theresa Barker Wayne Barker Djaberra TBA Goolarabooloo TBA Lorna Kelly Rita Augustine – Jabirr Jabirr Jane Augustine Sam Cox Topsy Chestnut Kay Cox Paul Cox Gooniyandi Lorraine Shandley Michelle Torres Mervyn Street Lidialay Malo Edna Hopiga Mervyn Mulardy Jnr Dwayne McMahon Edna Hopiga Karajarri Nita Marshall Dwayne McMahon Mervyn Mullarty Nita Marshall Jnr Koonji Elvire Stuart Morton Timmy Johnson Rossi James (Scotty Birrell Christine Birrell Yvonne Birrell Edith Skeen & Ors) Alan Lawford Ricky Thomas Rodney Roland Kurungal Butcher Wise Steven James Rosemary Carey TBA Rosemary Carey Lamboo Rosemary Yeeda Stan Brumby Lumugal TBA Rammel Peters TBA Phyllis Gallagher Malarngowem Shirley Drill Rammel Peters Aubrey Tigan Lorna Hudson Aubrey Tigan Lorna Hudson Mayala Daphne Wilfred Daphne Wilfred Miriuwung Edna O’Malley Ben Ward Des Hill [Resigned] Gajerrong Des Hill Marjorie Brown Edna O’Malley TBA Josie Farrar Ngarrawanji TBA Percy Bulgardie Tom Lawford Huey Bent [deceased] Terry Murray Ngurrara Marmingee Hand Ronnie Jimbidie Peter Skipper [deceased] Percy Bulagardi Noonkanbah TBA Anthony Watson Anthony Watson Nykina Mangala Lena Fraser-Buckle Neville Poelina Peter Francis Pearl Gordon Shirley Drill Purnululu Phyllis Gallagher Pearl Gordon Frank Sebastian Louisa Grey Frank Sebastian Rubibi Linda Dean Mary Tarren Linda Dean Sandy Cox Gracey Mosquito Jack Gordon Donovan Jenkins Tjurabalan Fatima Lulu Donovan Jenkins Rosie Lala Frank Clancy Louis Karadada Louis Karadada Uunguu Regina Karadada Regina Karadada Andrew Djanghara Wanjina Penny Bidd Geoffrey Dutchie Joanne Nulgitt Wunggurr Pansy Nulgit Keith Nanawat Ernest Nulgitt Gordon Smith Wilinggin Special Ben Ward Executive John Watson John Watson Ben Ward Members Special Joe Davey Joe Brown Joe Davey Advisers Joe Brown 43 Kimberley Land Council
Table 8: KLC Executive Committee Record of Attendance at Required Meetings
2004-2006 2006-2008 TOTAL Committee Committee EXCEUTIVE MTGS MTGS MEMBER ATTENDED TO Aug-06 Sept 06 Sept 06 Dec-06 April-07 ATTEND Sub Full AGM Full Full Augustine, Jane N/A N/A N/A N Y 1 2 Augustine, Rita N/A N/A N/A Y Y 2 2 Barker, Theresa N/A N/A N/A Y Y 2 2 Barunga, Warren N/A Y Y N/A N/A 2 3 Bent, Huey N/A N/A N/A N N 0 2 Bergmann, Wayne Y Y Y N/A N/A 3 3 Bidd, Penny N/A N N N/A N/A 0 2 Birch, Tom Y Y Y Y Y 5 5 Birrell, Christine N/A N N N/A N/A 0 2 Birrell, Yvonne N/A N/A N/A N N 0 2 Brooking, George N/A Y Y N/A N/A 2 2 Brown, Joe N Y Y Y N 3 5 Brumby, Stan N/A N/A N/A N N 0 2 Bulgardie, Percy N/A Y Y N/A N/A 2 2 Carey, Rosemary N N N Y N 1 5 Cox, Kay N/A N/A N/A N PROXY 1 2 Cox, Sam N/A N N N/A N/A 0 2 Cox, Sandy N/A Y Y N/A N/A 2 2 Dann, Rita N/A N/A N/A Y N 1 2 Davey, Joe Y Y Y Y Y 5 5 Davey, Frank Y Y Y Y Y 5 5 Dean, Linda Y Y Y Y Y 5 5 Drill, Shirley N/A Y Y Y N 3 4 Farrer, Josie N/A N/A N/A N Y 1 2 Francis, Peter N/A N/A N/A Y N 1 2 Gallagher, Phylis Y Y Y Y 4 4 Gerrard, Vernon Y Y Y N/A N/A 3 3 Gordon, Pearl Y Y Y Y Y 5 5 Gordon, Jack N/A N/A N/A Y N 1 2 Hand, Marmingee N/A N N N/A N/A 0 2 Hill, Des Y Y Y Y Y 5 5 Hopiga, Edna N/A Y Y N PROXY 3 4 James, Steven N/A N N 0 2 Johnson, Timothy N/A N N 0 2 Karadada. Louis N/A Y Y N N 2 4 Karadada, Regina N/A Y Y Y Y 4 4 Kelly, Lorna N/A N/A N/A Y Y 2 2 Lala, Rosie N/A N/A N/A N Y 1 2 Lawford, Alan Y Y Y N/A N/A 3 3 Lee, Brian N/A N N 0 2 44 Annual Report 2006 - 2007
2004-2006 2006-2008 TOTAL Committee Committee EXCEUTIVE MTGS MTGS MEMBER ATTENDED TO Aug-06 Sept 06 Sept 06 Dec-06 April-07 ATTEND Sub Full AGM Full Full
Lulu, Fatima N/A Y Y 2 2 Marshall, Nita N/A Y Y Y Y 4 4 Moraldj, Clement N/A N/A N/A Y Y 2 2 Morton, Stuart N/A N N 0 2 Mungulu, Lindsay N/A N N 0 1 Mungulu, Robyn N/A N/A N/A Y Y 2 2 Nulgit, Joanne N/A N/A N/A Y PROXY 2 2 Nulgit, Pansy N/A Y Y N/A N/A 2 2 O’Malley, Edna Y Y Y Y Y 5 5 Oscar, June N/A Y Y Y N 3 4 Pederson, Inga N/A N/A N/A Y Y 2 2 Peters, Rammel N/A Y Y N N 2 4 Poelina, Neville N N N N/A N/A 0 3 Sebastian, Frank N Y Y Y N 3 5 Shandley, Lorraine N/A N N N/A N/A 0 2 Skipper, Peter N/A N/A N/A Y N 1 2 Smith, Gordon N/A N/A N/A Y Y 2 2 Street, Mervyn N/A N/A N/A Y Y 2 2 Thomas, Ricky N/A N/A N/A N N 0 2 Tigan, Aubrey N/A N N Y N 1 4 Ward, Ben N/A N N N N 0 4 Watson, John N N N Y Y 2 5 Watson, Anthony N N N PROXY N 1 5 Wiggan, Roy N/A N/A N/A Y Y 2 2 Wilfred, Daphne Y Y Y Y Y 5 5 Wise, Butcher N/A Y Y N/A N/A 2 2 Yeeda, Rosemary N/A N N N/A N/A 0 2 Totals 11 28 28 33 27 127 N/A: - Not Applicable – indicates meetings where the member was not expected to attend (either because it was a sub-committee meeting, or because of Executive Member changes at the 2006 AGM).
Mr Brown, Mr Ward, Mr J Watson and Mr J Davey acted as Special members or Special Advisers to the Executive Committee. Wayne Bergmann continued as Executive Director during the reporting year. The Special Members and Special Advisers may attend any scheduled meetings. As a community-controlled organisation, all major decisions are made by the Executive Committee, or the Executive Sub-Committees, and then implemented by the Executive Director. 45 Kimberley Land Council
Training Arrangements for Board Members During the reporting period all new Executives were presented with Executive Kits outlining their roles, liabilities and responsibilities as Board members and containing relevant information to support them in carrying out their roles effectively. The Chairman and members of the Executive committee attended Team Building and Strategic Planning workshops in Broome and the East Kimberley in February and May 2007 respectively. • In June 2007 the Chairman and five Executive members attended the NTRB national conference in Cairns where they attended a variety of sessions on the current issues and trends in Native Title. • During the reporting period information sessions were also provided by staff to the Executive on planning and prioritisation of claim work activities, technical amendments to the Native Title Act, proposed changes to Aboriginal Corporations under the CATSIA Act and re- recognition processes for NTRBs . Development of the 2006-07 Operational Plans included a component of informing the Executive of how the planning process operated, methods of prioritisation, and how the Plans are implemented. c) Corporate and Operational Planning and Associated Performance Reporting and Review
The KLC conducted two staff workshops in the reporting period. The purpose of the workshops was to review the 2006 – 07 Operational Plan and prepare suggested priorities for the 2007– 2008 Operational Plan to present to the Executive Two regional planning meetings took place with ONT to review and set priorities which included the participation of NNTT which reported to the Federal court on the progression of claims. d) Financial and Operational 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 Financial Manager to manage the financial affairs of the organisation. The Financial Manager is a qualified CPA, and forms part of the KLC’s senior management team. The senior management team meets monthly to review progress, and identify upcoming issues. Financial and operational reports are presented to these meetings, and any issues or potential issues requiring attention are dealt with. The management group is pro-active in identifying financial and operational risk, and invariably adopts a cautionary position. The Executive Director and senior staff provide financial and operational reports to the Executive meetings, and assists the Executive in identifying potential risks and appropriate courses of action to minimize or exclude those risks. The KLC retains an Auditor who assists the organisation with financial management, compliance, and risk analysis. The Executive Director and Deputy Director maintain a watching brief on all the activities of the KLC, and keeps the Chairman and Deputy Chairman appraised of operational and financial matters.
46 Annual Report 2006 - 2007 e) Ethical Policy and Standards The work of the KLC staff is conducted in accordance with ethical standards relevant to their particular disciplines or professions, to professional codes of conduct, and in line with the KLC policy and procedures manual. The KLC Board and staff are also covered by a KLC Code of Conduct. f) Remuneration of Senior Staff Remuneration of senior staff is negotiated in relation to market factors, and resource and other recruitment issues for the organisation. Two employees received a salary package of more than $100,000 during the reporting period.
6. EXTERNAL SCRUTINY
Significant Developments in External Scrutiny
In May 2005 under direction of the then Parliamentary Secretary to the Minister for Finance and Administration the KLC was subject to an audit by the Office of Evaluation and Audit (Indigenous Programs), under the Department of Finance and Administration pursuant to Section 193Y(1) and 193X(1)(c) of the Aboriginal and Torres Strait Islander Act 2005. The report was received in June 2007 (see below). a) Judicial Decisions and Decisions of Administrative Tribunals There have been no judicial or administrative tribunal decisions in relation to the KLC during the reporting period, other than legal decisions that affected Native Title matters generally. b) Evaluation and/or Audit Reports — Findings and Responses As mentioned above, the KLC was subject to an audit by the Office of Evaluation and Audit (Indigenous Programs). The final report was received by the KLC in June 2007. The findings of the report are classified as audit-in-confidence and the distribution restricted. The KLC Financial Statements to the end of June 2007 were independently audited. Details of this audit can be found in the Financial Statements section of this Annual Report. c) Other External Review There have been no other external reviews of the KLC.
7. MANAGEMENT OF HUMAN RESOURCES
Assessment of effectiveness in managing and developing human resources to achieve NTRB objectives a) Workplace Planning, Staff Retention and Turnover The KLC recognises the importance and value of the Executive Committee and staff contribution to workforce planning. In line with policies developed in previous reporting periods, all operational staff prepare detailed workplans. These reflect the Strategic and Operational Plans of the organisation. Executive Committee members and staff were extensively involved in planning processes for the 2006 – 2007 Operational Plan. 47 Kimberley Land Council
Managers conduct regular planning sessions with staff in their units. Information from these sessions informs review and planning undertaken by the senior management group on a monthly basis. Staff from the various offices met regularly to discuss workplace issues. The Native Title Services Unit and legal department met on several occasions to report on progress of activities to the Operational Plan and develop strategies for the progression of activities. Two annual three day whole-organisation meeting were held on strategic directions and policies with input from Executive Committee members. The KLC experienced a high-turnover of staff during the reporting period particularly within the NTSU and the Legal division. Approximately 70% of staff turned over within a three year period, exposing the KLC to a high level of risk in relation to corporate knowledge. The KLC experienced significant problems retaining and recruiting staff, and subsequently commissioned an independent consultant to review the remuneration systems within the organisation. The consultant made a number of recommendations including the need to review our recruitment and remuneration strategies to align with industry standards. This review is on-going and will continue into the next reporting period. The induction and training of new staff has created additional pressures on the remaining staff in the short-term and additional training and support was required and implemented utilising FaCSIA special purpose funding. Performance management The KLC continues to utilise and refine its performance management procedures and activity based reporting. Staff performance is reviewed on a regular basis as required, and staff prepare and work to detailed workplans. b) Training and Development Undertaken and its Impact The KLC values its staff members and recognises the importance of skills development. During the reporting period the National Native Title Tribunal offered industry specific training in Native Title Registration Tests, ILUAs, Future Acts processes, Authorisations/Certifications, connection guidelines and amendments to the Native Title Act. The PLO attended training on“ Native Title Law, Policy & Practice” and legal staff also attended seminars on mining law and negotiating agreements. Eleven staff members attended the NTRB conference in Cairns. Two staff members undertook postgraduate studies in business and management. Two administration staff undertook certificates in Business Administration. The KLC Anthropologist completed a Graduate Certificate in Native Title and Cultural Heritage Research. Project staff also completed first aid, 4WD and OHS training. Staff members attended the Senior Professional Officers workshop, the Field Officers workshop, and Connection and PBC workshops run by Aurora and AIATSIS. Finance and corporate services staff attended CPA workshops on “Improving performance with innovative reporting”.
48 Annual Report 2006 - 2007
KLC staff also participated in two regional staff workshops. Issues addressed included: • KLC Reporting and Knowledge Management systems • The Native Title Act and Future Acts processes • The Privacy Act • Team building, induction and strategic planning for 2007 on. • KLC – Strengths Weaknesses Opportunity and Threats • Management and decision-making processes and lines of responsibility • Servicing the KLC NTRB areas and regional strategies The KLC encourages staff to be pro-active in pursuing opportunities for professional development. The benefits to staff of attending industry specific training are immeasurable and overcome issues associated with working in remote areas in highly specialised fields. The KLC also organises regular internal training sessions to increase staff skills and understanding of KLC policy and processes. The KLC looks for a diverse range of training activities to both benefit staff individually and to collectively increase skills and organisational performance. c) Impact and Features of Certified Agreements and AWAs Employment at the KLC is covered by the KLC Enterprise Agreement (2004). This agreement includes provisions covering employment and remuneration, rates of pay and their adjustment, leave and allowances, workplace relations, organisational change and human resource management. The agreement provides for certainty and transparency in staff employment conditions, defining the role and activities of the organisation in staff management. This has improved employment security and simplified staff management. d) Occupational Health and Safety Performance While KLC offices comply with the basic occupational health and safety requirements, it is concerned to improve standards in this regard. However, in the absence of adequate funding and alternative premises, it is difficult to achieve best practice in this area. Every effort continues to be made to ensure that staff work in a safe working environment at all times, whether in the office or the field. During the reporting year and all staff were offered OHS, first aid and four- wheel-drive driver training. Three staff member participated in the three-day OHS Supervisor’s Training Course. e) Statistics on staffing The KLC staff is comprised of Indigenous and non-Indigenous personnel and includes lawyers, anthropologists, Native Title officers, librarians, and financial and administrative personnel. Twenty-seven positions were funded through project grants other than FaCSIA’s NTRB funding. Table 9: Staff Profile as at 30 June 2007 Indigenous Non-Indigenous Total Male 10 12 22 Female 13 17 30 TOTAL 23 29 52 f) Indemnities and Insurance Premiums for Officers The officers of the KLC are covered for professional indemnity under the policy of Aboriginal Association Liability Insurance (Professional Indemnity) to the value of $10M.
49 Kimberley Land Council
8. CONSULTANTS, TENDERING, AND CONTRACTING
Competitive Tendering and Contracting Practices The KLC uses a register of consultants, as previously approved by ATSIC. Consultants are required to submit fixed fees for each financial year, which makes for competitive tendering. The practice of contracting consultants to provide expertise is less than ideal for the KLC. The reality is that the KLC cannot employ (on a salaried staff basis) all the necessary expertise required to progress Native Title claims and complex commercial negotiations. The demands of litigation and negotiations within difficult timetables necessitate high expenditure on external assistance. It is KLC policy that consultant contractors work closely with staff, to facilitate transference of skills and expertise. This approach will help to develop and retain capacity within the organisation. Number and Expenditure – Consultancy Services The KLC let 53 consultancy service contracts in 2006 – 2007. Eighteen (18) were related to legal counsel services, 26 to anthropological services and 9 to other services. The total costs to the KLC for consultancy services in the reporting year were: Table 10: Consultancy Services Costs Legal 398,409 Anthropological 624,031 Other 193,497 TOTAL 1,215,937
50 Annual Report 2006 - 2007
9. FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2007
TABLE OF CONTENTS Independent Audit Report ...... 52 Statement By Directors ...... 54 Income Statement ...... 55 Balance Sheet ...... 56 Statement of Cash Flows ...... 57 Statement of Changes in Equity ...... 58 Schedule of Commitments ...... 59 Operating Statement - All Functions ...... 60 Operating Statement - NTRB Functions ...... 61 Grant Acquittal Statement - FaCSIA Native Title Grants . . . . 62 Notes To and Forming Part of the Financial Statements . . . . . 63
51 Kimberley Land Council
INDEPENDENT AUDIT REPORT
52 Annual Report 2006 - 2007
53 Kimberley Land Council
STATEMENT BY DIRECTORS
54 Annual Report 2006 - 2007
INCOME STATEMENT
Kimberley Land Council Aboriginal Corporation Income Statement for the year ended 30 June 2007
2007 2006 INCOME Note $ $ Revenue Revenues from Grants 2A 6,860,646 5,870,141 Goods and Services 2B 2,728,377 1,942,400 Donations 2E 15,299 47,770 Interest 2C 119,361 73,887 Total Revenue 9,723,683 7,934,199 TOTAL INCOME 9,723,683 7,934,199
EXPENSES Employees 3A 3,381,364 2,803,745 Suppliers 3B 6,336,853 4,757,081 Depreciation and amortisation 3C 71,490 100,502 Finance Costs 3D 21,371 22,250 Net loss from disposal of assets 2D 2,465 13,375 Other Expenses 3E 71,147 37,853 TOTAL EXPENSES 9,884,690 7,734,806
Operating Result before income tax (161,007) 199,393
Income tax expense - -
OPERATING RESULT (161,007) 199,393
The above statement should be read in conjunction with the accompanying notes
3
55 Kimberley Land Council
BALANCE SHEET
Kimberley Land Council Aboriginal Corporation Balance Sheet for the year ended 30 June 2007
2007 2006 Note $ $ ASSETS Financial Assets Cash 4A 2,811,532 2,846,220 Receivables 4B 1,624,970 761,114 Investments - controlled entity 1 1 Total financial assets 4,436,502 3,607,336
Non-financial assets Land & Buildings 5A 1,278,581 1,283,546 Plant and Equipment 5B 162,367 300,475 Total non-financial assets 1,440,948 1,584,020
TOTAL ASSETS 5,877,451 5,191,356
LIABILITIES Payables Suppliers 6 2,346,261 1,532,097 Unexpended grants 16 792,516 726,319 Unexpended Project Funds 17 224,404 358,181 Total Payables 3,363,181 2,616,597
Interest Bearing Liabilities Loans 7A 116,033 118,880 Leases 7B 43,653 124,937 Total Interest Bearing Liabilities 159,685 243,816
Provisions Employee provisions 8A 548,623 363,974 Total Provisions 548,623 363,974
TOTAL LIABILITIES 4,071,489 3,224,387
Net Assets 1,805,962 1,966,969
Equity Accumulated funds 1,805,962 1,966,969
Total Equity 1,805,962 1,966,969
Current Assets 4,431,193 3,602,026 Non-current Assets 1,446,257 1,589,329 Current Liabilities 3,925,585 3,009,469 Non-current Liabilities 145,903 214,917
The above statement should be read in conjunction with the accompanying notes
4
56 Annual Report 2006 - 2007
STATEMENT OF CASH FLOWS for the year ended 30 June 2007 Kimberley Land Council Aboriginal Corporation Statement of Cash Flows for the year ended 30 June 2007
2007 2006 Note $ $ CASH FLOWS FROM OPERATING ACTIVITIES Cash receipts from grants 7,479,131 7,010,733 Cash receipts from operations 2,137,139 2,513,396 Cash receipts from donations 15,299 47,770 Cash payments to employees (3,196,715) (2,755,944) Cash payments to suppliers (6,404,454) (5,947,675) Cash generated from operations 30,399 868,280 Interest Received 119,361 73,887 Interest Paid (21,371) (22,250) Net cash provided by operating activities 9 128,389 919,917
CASH FLOWS FROM INVESTING ACTIVITIES Proceeds from sale of property 20,431 21,078 Purchase of property, equipment & vehicles (180,662) (138,298) Loans to related parties - proceeds from repayments - - Net cash provided by investing activities activities (160,231) (117,220)
CASH FLOWS FROM FINANCING ACTIVITIES Repayment of borrowings (2,847) (74,334) Net cash provided by financing activities (2,847) (74,334)
Net increase in cash held (34,689) 728,363 Cash at the beginning of the reporting period 2,846,220 2,117,857 Cash at the end of the reporting period 4A 2,811,531 2,846,220
The above statement should be read in conjunction with the accompanying notes
5
57 Kimberley Land Council
STATEMENT OF CHANGES IN EQUITY for the year ended 30 June 2007 Kimberley Land Council Aboriginal Corporation Statement of Changes in Equity for the year ended 30 June 2007
Total Equity
2007 2006 Opening balance 1,966,969 1,767,576 Net Operating Result (161,007) 199,393 Closing Balance 1,805,962 1,966,969
The above statement should be read in conjunction with the accompanying notes
6
58 Annual Report 2006 - 2007
SCHEDULE OF COMMITMENTS as at 30 June 2007
Kimberley Land Council Aboriginal Corporation Schedule of Commitments as at 30 June 2007 2007 2006 BY TYPE $ $
Capital commitments Plant and equipment 1 48,825 151,371 Total Capital commitments 48,825 151,371 Other commitments Operating leases 2 638,667 675,393 Total other commitments 638,667 675,393 Net commitments by type 687,492 826,764
BY MATURITY Capital commitments One year or less 18,177 43,749 From one to five years 30,648 107,622 Over five years - - Total Capital commitments 48,825 151,371 Operating lease commitments One year or less 402,877 304,786 From one to five years 235,790 370,607 Over five years - - Total Operating commitments 638,667 675,393 Net commitments by maturity 687,492 826,764
NB: Commitments are GST inclusive where relevant 1 Finance leases for the purchase of motor vehicle for Executive Director 2 Operating leases included are effectively non-cancellable and comprise:
Nature of lease General description of leasing arrangement Lease for office Lease payments are subject to annual increase in accordance with upward accommodation price movements in the Consumer Price Index. Lease is current until 30 June 2008
Motor vehicles for use in No contingent rentals exist. There are no renewal or purchase options conducting Land available. Council business.
The above schedule should be read in conjunction with the accompanying notes
7
59 Kimberley Land Council
OPERATING STATEMENT - ALL FUNCTIONS for the year ended 30 June 2007 Kimberley Land Council Aboriginal Corporation Operating Statement - All Functions for the year ended 30 June 2007
2007 2006 $ $ Income Grants Operational 6,742,780 6,136,106 Capital 50,400 140,000 Unexpended Grants Brought forward 726,316 542,703 Unexpended Project Funds Brought forward 358,068 135,717 Less Unexpended Grants Carried forward (792,514) (726,316) Less Unexpended Project Funds Carried forward (224,404) (358,068) 6,860,646 5,870,141
Other income Services 2,683,625 1,902,967 Rental income 44,752 39,433 Interest received 119,361 73,887 Donations 15,299 47,770 Total Income 9,723,683 7,934,199 Expenditure Depreciation 71,490 100,502 Doubtful debts 59,692 29,539 Interest expense 21,371 22,250 Minor capital items 111,596 69,451 Motor vehicle expenses 710,591 558,562 Other 11,454 8,314 Loss on sale of non-current assets 2,465 13,375 Payroll expenses 3,381,364 2,803,745 Repairs and maintenance 96,863 89,238 Services 4,211,697 2,805,681 Supplies 240,274 213,474 Travel 965,833 1,020,675 Total expense 9,884,689 7,734,806 Surplus from ordinary activities (161,006) 199,393
8
60 Annual Report 2006 - 2007
OPERATING STATEMENT - NTRB FUNCTIONS for the year ended 30 June 2007Kimberley Land Council Aboriginal Corporation Operating Statement - NTRB Functions for the year ended 30 June 2007
2007 2006 $ $ Income Grants Operational 4,739,902 3,941,846 Capital 50,400 140,000 Unexpended Project Funds b/f 0 135,717 Unexpended grants Brought forward 0 172,870 4,790,302 4,390,433 Less: Unexpended grants carried forward (155,475) 11,454
Other income Profit on Sale of Assets 432 (13,375) Services 535,081 353,542 Rental income 45,155 39,030 Interest received 32,416 34,168 Total Income 5,247,911 4,815,252
Expenditure Depreciation 71,490 100,502 Doubtful debts (5,401) (9,143) Interest Expense 21,371 22,250 Minor capital items 67,435 196,673 Motor vehicle expenses 396,732 316,982 Other 0 0 Payroll expenses 2,259,407 1,922,711 MG Ord Negotiations Project 0 135,717 Repairs and maintenance 50,380 62,712 Services 1,808,695 1,474,441 Supplies 146,843 133,527 Travel 473,660 532,559 Total expense 5,290,612 4,888,932 Surplus from ordinary activities - NTRB Functions (42,701) (73,681)
9
61 Kimberley Land Council
GRANT ACQUITTAL STATEMENT - FaCSIA NATIVE TITLE GRANTS Kimberley Land Council Aboriginal Corporation for the year ended 30 JuneGrant Acquittal 2007 Statement -OIPC Native Title Grants for the year ended 30 June 2007
Actual Budget Variance $ $ $
Income Grants Operational 4,739,902 4,739,902 0 Capital 50,400 50,400 0 4,790,302 4,790,302 0 Unexpended Project Funds B/forward 0 0 0 Unexpended grants B/forward 0 0 0
Total grants 4,790,302 4,790,302 0
Other income Activity Generated Income 150,037 483,539 (333,502) Recovered expenses 385,044 0 385,044 Sale of Motor Vehicle 432 432 Interest income 32,416 0 32,416 Rental income 45,155 0 45,155 613,084 483,539 129,545 Total income 5,403,386 5,273,841 129,545
Expenses Capital 19,568 50,400 (30,832) Payroll expenses 2,259,407 2,303,943 (44,535) Motor vehicle expenses 414,976 362,715 52,262 Repairs & maintenance 50,380 55,000 (4,620) Interest expense 884 0 884 Services 1,827,271 1,745,256 82,015 Supplies 201,765 193,147 8,618 Travel 473,660 563,381 (89,721) Total expense 5,247,911 5,273,841 (25,930) Unexpended at year end 155,475 0 155,475 Transfer to unexpended grants (155,475) 0 (155,475) Net amount carried forward (0) 0 (0)
10
62 Annual Report 2006 - 2007
NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS Kimberley Land Council for the year ended 30 June 2007Aboriginal Corporation Notes to and forming part of the Financial Statements For the year ended 30 June 2007
Note 1. Summary of significant accounting policies
1.1 Basis of Preparation of the Financial Statements
The financial statements are required by clause 1(b) of Schedule 1 to the Commonwealth Authorities and Companies Act 1997 and are a general purpose financial report. The continued existence of the Corporation in its present form and with its present programs is dependent on Government policy and on continuing funding by the Commonwealth Government for the Corporation's administration and programs. The statements have been prepared in accordance with: • Finance Minister’s Orders (or FMOs, being the Financial Management and Accountability Orders (Financial Statements for reporting periods ending on or after 01 July 2005)); • Australian Accounting Standards issued by the Australian Accounting Standards Board that apply for the reporting period; and • Interpretations issued by the AASB and UIG that apply for the reporting period. The Income Statement, Balance Sheet and Statement of Changes in Equity have been prepared on an accrual basis and are in accordance with historical cost convention. The financial report is presented in Australian dollars. Unless alternative treatment is specifically required by an accounting standard, assets and liabilities are recognised in the Balance Sheet when and only when it is probable that future economic benefits will flow and the amounts of the assets or liabilities can be reliably measured, subject to the treatment of trade creditors and accruals described at Note 1.13. Unless alternative treatment is specifically required by an accounting standard, revenues and expenses are recognised in the Income Statement when and only when the flow or consumption or loss of economic benefits has occurred and can be reliably measured.
1.2 Significant Accounting Judgements and Estimates
No accounting assumptions or estimates have been identified that have a significant risk of causing a material adjustment to carrying amounts of assets and liabilities within the next accounting period.
1.3 Statement of Compliance
The financial report complies with Australian Accounting Standards, which include Australian Equivalents to International Financial Reporting Standards (AEIFRS).
1.4 Revenue
Revenue from rendering of services is recognised by reference to the stage of completion of contracts at the reporting date. The revenue is recognised when: • The amount of revenue, stage of completion and transaction costs incurred can be reliably measured; and • The probable economic benefits with the transaction will flow to the entity.
1.5 Employee Benefits
Liabilities for services rendered by employees are recognised at the reporting date to the extent that they have not been settled. Liabilities for ‘short-term employee benefits’ (as defined in AASB 119) and termination benefits due within twelve months are measured at their nominal amounts. The nominal amount is calculated with regard to the rates expected to be paid on settlement of the liability. All other employee benefit liabilities are measured as the present value of the estimated future cash outflows to be made in respect of services provided by employees up to the reporting date.
11
63 Kimberley Land Council
NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS Kimberley Land Council for the year ended 30 June 2007Aboriginal (continued) Corporation Notes to and forming part of the Financial Statements (cont.) For the year ended 30 June 2007
Leave The liability for employee benefits includes provision for annual leave and long service leave. No provision has been made for sick leave as all sick leave is non-vesting and the average sick leave taken in future years by employees of the Corporation is estimated to be less than the annual entitlement for sick leave. The leave liabilities are calculated on the basis of employees' remuneration, including the Corporation's employer superannuation contribution rates, to the extent that the leave is likely to be taken during service rather than paid out on termination. The laibility for long service leave has been determined with reference to probability tables prepared by an actuary for the Commonwealth Government as at 30 June 2006. The estimate of the present value of the liability takes into account attrition rates and pay increases through promotion and inflation.
1.7 Leases
A distinction is made between finance leases and operating leases. Finance leases effectively transfer from the lessor to the lessee substantially all the risks and rewards incidental to ownership of leased non-current assets. An operating lease is a lease that is not a finance lease. In operating leases, the lessor effectively retains substantially all such risks and benefits. Where a non-current asset is acquired by means of a finance lease, the asset is capitalised at either the fair value of the lease property or, if lower, the present value of minimum lease payments at the inception of the contract and a liability recognised at the same time and for the same amount. The discount rate used is the interest rate implicit in the lease. Leased assets are amortised over the period of the lease. Lease payments are allocated between the principal component and the interest expense. Operating lease payments are expensed on a straight line basis which is representative of the pattern of benefits derived from the leased assets.
1.8 Borrowing Costs
All borrowing costs are expensed as incurred.
1.9 Cash
Cash means notes and coins held and any deposits held at call with a bank or financial institution. Cash is recognised at its
1.10 Financial Risk Management
The Kimberley Land Council's activities expose it to normal commercial financial risk. As a result of the nature of The Kimberley Land Council's business and internal policies, dealing with the management of financial risk, The Kimberley Land Council's exposure to market, credit, liquidity and cash flow and fair value interest rate risk is considered to be low.
1.11 Investments Investments are initially measured at their fair value.
1.12 Derecognition of Financial Assets and Liabilities
Financial assets are derecognised when the contractual rights to the cash flows from the financial assets expire or the asset is transferred to another entity. In the case of a transfer to another entity, it is necessary that the risks and rewards of ownership are also transferred.
Financial liabilities are derecognised when the obligation under the contract is discharged or cancelled or expires.
For the comparative year, financial assets were derecognised when the contractual right to receive cash no longer existed. Financial liabilities were derecognised when the contractual obligation to pay cash no longer existed.
1.13 Trade Creditors Trade creditors and accruals are recognised at their nominal amounts, being the amounts at which the liabilities will be settled. 12
64 Annual Report 2006 - 2007
NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS for the year ended 30 June 2007Kimberley (continued) Land Council Aboriginal Corporation Notes to and forming part of the Financial Statements (cont.) For the year ended 30 June 2007
Accounting standards require that an item be recognized as a liability when “it is probable that …. future economic benefit associated with the item will flow ….. from the entity” [AIFRS Framework Paragraph 83]. Further, the Commonwealth Finance Ministers Orders, “REQUIREMENTS AND GUIDANCE FOR THE REPARATION OF FINANCIAL STATEMENTS OF AUSTRALIAN GOVERNMENT ENTITIES”, is instructive in determining what liabilities are to be brought to account for the purposes of Commonwealth grant funds:- “While most obligations are contractual, others are equitable or constructive. An equitable obligation is governed by social or moral sanctions or custom rather than legal sanctions. A constructive obligation is created, inferred or construed from the facts in a particular situation rather than contracted by agreement or imposed by government”. [FMO Paragraph 4B.1.2] Liabilities have been raised in accordance with these Standards.
1.14 Contingent Liabilities and Contingent Assets
Contingent liabilities and assets are not recognised in the Balance Sheet but are discussed in the relevant schedules and notes. They may arise from uncertainty as to the existence of a liability or asset, or represent an existing liability or asset in respect of which settlement is not probable or the amount cannot be reliably measured. Remote contingencies are part of this disclosure. Where settlement becomes probable a liability or asset is recognised. A liability or asset is recognised when its existence is confirmed by a future event, settlement becomes probable (virtually certain for assets) or reliable measurement becomes possible.
1.15 Acquisition of Assets
Assets are recorded at cost on acquisition except as stated below. The cost of acquisition includes the fair value of assets transferred in exchange and liabilities undertaken. Financial assets are initially measured at their fair value plus transaction costs where appropriate.
1.16 Property, Plant and Equipment (PP&E) Asset Recognition Threshold Purchases of property, plant and equipment are recognised initially at cost in the Balance Sheet, except for purchases costing less than $5,000, which are expensed in the year of acquisition (other than where they form part of a group of similar items which are significant in total). Revaluations Basis Land, buildings, plant and equipment are carried at fair value, being revalued with sufficient frequency such that the carrying amount of each asset is not materially different, at reporting date, from its fair value. Any revaluations undertaken in each year are as at 30 June. Fair values for each class of asset are determined as shown below:
Asset class Fair value measured at: Land Market selling price Buildings Market selling price Leasehold improvements Depreciated replacement cost Plant & equipment Market Selling Price Heritage and cultural assets Market Selling Price
Following initial recognition at cost, valuations are conducted with sufficient frequency to ensure that the carrying amounts of assets do not materially with the assets’ fair values as at the reporting date. The regularity of independent valuations depends upon the volatility of movements in market values for the relevant assets. Revaluation adjustments are made on a class basis. Any revaluation increment is credited to equity under the heading of asset revaluation reserve except to the extent that it reverses a previous revaluation decrement of the same asset class that was previously recognised through profit and loss. Revaluation decrements for a class of assets are recognised directly through profit and loss except to the extent that they reverse a previous revaluation increment for that class. Any accumulated depreciation as at the revaluation date is eliminated against the gross carrying amount of the asset and the asset restated to the revalued amount. 13
65 Kimberley Land Council
NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS Kimberley Land Council for the year ended 30 June 2007Aboriginal (continued) Corporation Notes to and forming part of the Financial Statements (cont.) For the year ended 30 June 2007
Depreciation
Depreciable property plant and equipment assets are written-off to their estimated residual values over their estimated useful lives using, in all cases, the straight-line method of depreciation. Leasehold improvements are depreciated on a straight-line basis over the lesser of the estimated useful life of the improvements or the unexpired period of the lease. Depreciation rates (useful lives), residual values and methods are reviewed at each reporting date and necessary adjustments are recognised in the current, or current and future reporting periods, as appropriate.
Impairment All assets were assessed for impairment at 30 June 2007. Where indications of impairment exist, the asset’s recoverable amount is estimated and an impairment adjustment made if the asset’s recoverable amount is less than its carrying amount. The recoverable amount of an asset is the higher of its fair value less costs to sell and its value in use. Value in use is the present value of the future cash flows expected to be derived from the asset. Where the future economic benefit of an asset is not primarily dependent on the asset’s ability to generate future cash flows, and the asset would be replaced the Kimberley Land Council were deprived of the asset, its value in use is taken to be its depreciated replacement cost. No indicators of impairment were found for assets at fair value.
1.17 Taxation
The Kimberley Land Council is exempt from all forms of taxation except fringe benefits tax and the goods and services tax (GST). Revenues, expenses and assets are recognised net of GST: • except where the amount of GST incurred is not recoverable from the Australian Taxation Office; and • except for receivables and payables.
14
66 Annual Report 2006 - 2007
NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS for the year ended 30 June 2007Kimberley (continued) Land Council Aboriginal Corporation Notes to and forming part of the Financial Statements (cont.) For the year ended 30 June 2007 2007 2006 Note 2: Income $ $ Revenues
Note 2A: Revenue from Grants Grants for NTRB Functions 4,790,302 4,081,846 Less: Unexpended grants (155,475) 11,454 Add: Grants brought forward - 172,870 Total Grants for NTRB Functions 4,634,827 4,266,170
Grants for non-NTRB Functions 2,005,131 2,194,260 Less: Unexpended grants (637,039) (737,770) Less: Unexpended Project Funds (224,404) (358,068) Add: Grants brought forward 724,064 369,833 Add: Unexpended Project Funds brought forward 358,068 135,717 Total Grants for non-NTRB Functions 2,225,819 1,603,971 Total Revenue from Grants 6,860,646 5,870,141
Note 2B: Services Services NTRB Functions 535,081 353,542 Services non-NTRB Functions 2,148,544 1,549,426 Rental received 44,752 39,433 Total rendering of Services 2,728,377 1,942,400
Note 2C: Interest Interest on deposits - NTRB Accounts 32,416 34,168 Interest on deposits - non NTRB Accounts 86,945 39,719 Total Interest 119,361 73,887
Note 2D: Net Loss from Sale of Assets Infrastructure, plant and equipment Proceeds from disposal 20,432 21,078 Net book value of assets disposed 22,897 34,453 Selling expenses - - Net gain/(loss) from disposal of assets (2,465) (13,375)
Note 2E: Other gains Donations 15,299 47,770
15
67 Kimberley Land Council
NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS for the year ended 30 June 2007Kimberley (continued) Land Council Aboriginal Corporation Notes to and forming part of the Financial Statements (cont.) For the year ended 30 June 2007 2007 2006 Note 3: Operating Expenses $ $
Note 3A: Employee Expenses Wages, Salaries and Leave payments 3,071,860 2,538,099 Superannuation 238,255 187,093 Other Employee Entitlements and Payments 71,250 78,553 Total Employee Expenses 3,381,364 2,803,745
Note 3B: Suppliers Goods and Services 5,775,129 4,303,689 Operating lease rentals 521,699 396,931 Workers Compensation premiums 40,025 56,461 Total Suppliers 6,336,853 4,757,081
Note 3C: Depreciation and Amortisation Depreciation Infrastructure, plant and equipment 71,490 100,502 Total Depreciation and Amortisation 71,490 100,502
Note 3D: Finance Costs Loans 9,419 8,844 Leases 11,952 13,406 Total Finance Costs 21,371 22,250
Note 3E: Other Expenses Provision for Doubtful Debts 59,692 29,539 Other 11,454 8,314 71,146 37,853
16
68 Annual Report 2006 - 2007
NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS for the year ended 30 June 2007Kimberley (continued) Land Council Aboriginal Corporation Notes to and forming part of the Financial Statements (cont.) For the year ended 30 June 2007 2007 2006 Note 4: Financial Assets $ $
Note 4A: Cash and cash equivalents Cash at bank - NTRB Funds 304,979 453,413 Cash at bank - non-NTRB Funds 2,755,971 2,718,940 Cash on hand 555 555 3,061,504 3,172,908 Less funds held on behalf of Traditional Owner groups as detailed below (249,973) (326,687) Total Cash and cash equivalents 2,811,532 2,846,220
Funds held on behalf of Traditional Owner groups as detailed below Marlngowan Purnululu 18,154 18,154 Scotty Birrel Community 2,299 2,299 Marlangowan Community 6,596 6,596 Ngarrawanji Community 1,536 1,536 Lamboo 7,506 7,506 Wanjina Willingin - De Beers 2,500 2,500 Sundry others 55,067 40,873 Miriuwung ADM Funds 0 103,549 Malarngowem ADM Funds 108,908 103,549 Butchers Creek trust monies 319 319 Tjurabalan trust monies 3,112 3,112 Mt Pierre Station trust monies 6,538 6,270 Dambimangari trust monies 7,772 760 Goondiyandi trust monies 19,070 19,070 Malardy Family trust monies 6,596 6,596 Rubibi trust monies 4,000 4,000 249,973 326,687
Cash at bank is a "restricted asset" as amounts representing unexpended grants may only be applied for the purpose specified in the conditions of grants and there exists no right of offset.
17
69 Kimberley Land Council
NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS Kimberley Land Council for the year ended 30 June 2007Aboriginal (continued) Corporation Notes to and forming part of the Financial Statements (cont.) For the year ended 30 June 2007
Note 4B: Receivables 2007 2006 $ $
Goods and Services 1,777,303 661,320 Less Allowance for doubtful debts (156,762) (97,070) 1,620,541 564,250 Other debtors 4,428 196,865 Total receivables 1,624,970 761,114
Other debtors represents recovery entitlements from sundry projects.
All receivables are current assets and are with entities external to the entity. Credit terms are net 30 days.
Receivables (gross) are aged as follows: Current 1,381,528 138,136 Overdue by: Less than 30 days 48,972 48,292 30 days to 60 days 111,045 242,492 61 to 90 days - - More than 90 days 235,758 232,399 Total Receivables (gross) 1,777,303 661,320
The allowance for doubtful debts is aged as follows: Current - - Overdue by: Less than 30 days - - 30 days to 60 days - - 61 to 90 days - - More than 90 days 156,762 97,070 Total allowance for doubtful debts 156,762 97,070
Note 5: Non-financial assets
Note 5A: Land and Buildings At valuation 1,278,581 1,283,546 Less: Accumulated depreciation - -
Total land and buildings 1,278,581 1,283,546
The above item includes $215,887 being cost of office and extension located on reserve land in Kununurra vested in the Aboriginal Lands Trust The above item includes at properties Lot 286 Loch Street Derby and Lot 858 Heytesbury Street Derby with caveats on sale held by FaCSIA. In addition, the ANZ Bank holds a mortgage over properties at 43 Cox Place Halls Creek, 594 Knowsley Street Derby and Lot 175 Windjana Road Derby as security over the loan detailed at Note 8A
18
70 Annual Report 2006 - 2007
NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS for the year ended 30 June 2007Kimberley (continued) Land Council Aboriginal Corporation Notes to and forming part of the Financial Statements (cont.) For the year ended 30 June 2007
Note 5B: Infrastructure,Plant and equipment Plant and equipment at cost 554,553 537,531 Less: Accumulated depreciation (430,479) (403,068) 124,074 134,463
Mobile plant at cost 0 57,734 Less: Accumulated depreciation 0 (24,762) 0 32,972
Plant and equipment under finance lease 57,340 159,714 Less: Accumulated amortisation (19,047) (26,674) 38,293 133,039 Total Infrastructure, Plant and equipment 162,367 300,475
Note 6: Payables 2007 2006 $ $
Suppliers 741,837 1,518,443 Committed Funds NTRB Grants 814,823 Committed Funds Other 660,579 GST Payable to ATO 129,022 13,655 Total payables 2,346,260 1,532,098
All Supplier payables are current liabilities Settlement to Suppliers is usually made net 30 days. Committed Funds are expected to be settled by 31 October 2007 Payables to suppliers includes GST
Note 7: Interest Bearing Liabilities
Note 7A: Loans Bank loans 116,033 118,880 Total Loans 116,033 118,880
The bank loan from ANZ Bank commenced in 2002-2003 and is secured by a first mortgage over the Kimberley Land Council's property at Lot 42 Cox Street, Halls Creek. Repayments are interest only. Maturity date 19 June 2028. At 30 June 2007 it was 7.57%
Note 7B: Leases Finance Lease Commitments Payable: Within one year Minimum Lease payments 18,177 43,749 Deduct future finance charges 4,394 14,850 13,782 28,899
In one to five years Minimum Lease payments 30,648 107,622 Deduct future finance charges 778 11,585 29,870 96,037
Finance leases recognised in the balance sheet 43,653 124,937
Finace leases exist in relation to certain major office equipment assets and a motor vehicle. The leases are non- cancellable and for fixed terms of either three or five years. The lease assets secure the lease liabilities. The Kimberley Land Council guarantees the residual value of all assets leased. 19
71 Kimberley Land Council
NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS Kimberley Land Council for the year ended 30 June 2007Aboriginal (continued) Corporation Notes to and forming part of the Financial Statements (cont.) For the year ended 30 June 2007
2007 2006 $ $ Note 8: Provisions
Note 8A: Employee Provisions
Accrued Salaries 93,794 - Annual Leave 264,820 201,469 TOIL 75,601 74,493 Long Service Leave 114,409 88,009 Total Employee Provisions 548,623 363,972
Note 9: Cash Flow Reconciliation
Reconciliation of operating result to net cash from operating activities
Operating result (161,007) 199,393 Adjustment for non-cash expenses: Depreciation 71,490 100,502 Doubtful Debts 59,691 Net loss from disposal of assets 2,465 - Carrying amount of assets disposed 163,181
Change in operating assets and liabilities (Increase)/Decrease in Accounts Receivable (923,547) 258,174 Increase/(Decrease) in Accounts Payable 814,164 (94,839) Increase/(Decrease) in Provisions 184,649 45,922 Increase/(Decrease) in Lease Liability 4,285 Increase/(Decrease) in Loans (19,402) Increase/(Decrease) in unexpended grants 66,197 183,616 Increase/(Decrease) in unexpended project funds (133,777) 222,464
Net cash inflow from operating activities 128,389 919,917
Note 10: Director Remuneration
The number of directors of the Corporation included in these figures are shown below in the relevant remuneration
$ $ 2007 2006 15,000 - 29,999 1 1 135,000 - 149,999 - - 150,000 - 164,999 1 1
$ $ Total remuneration received or due and receivable by directors of the 186,557 173,117 Corporation 186,557 173,117
20
72 Annual Report 2006 - 2007
NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS for the year ended 30 June 2007Kimberley (continued) Land Council Aboriginal Corporation Notes to and forming part of the Financial Statements (cont.) For the year ended 30 June 2007
Note 11: Related Party Disclosures
The Kimberley Land Council (KLC) is the sole shareholder of Kimberley Sustainable Development Pty Ltd. The sole activity of this entity is to act as Trustee of the Kimberley Development Sustainable Charitable Trust. The Company has not traded in its own right since incorporation.
The Corporation has a Register of Directors' Interests to enable it to monitor and report any related party transactions should they occur.
Note 12: Executive Remuneration
Apart from the Executive Director whose remuneration is disclosed at Note 11, no senior executives received total remuneration of $130,000 or more
Note 13: Remuneration of auditors 2007 2006 $ $
The cost of financial statement audit services provided to the Corporation were: 25,411 29,150 25,411 29,150
The auditor of the Corporation did not perform any other services for the Corporation.
2007 2006 $ $ Note 14: Average Staffing Levels
The average staffing levels for the Corporation during the year were 57 50
Note 15: Reconciliation of NTRB Operating Statement to Acquital Statement
2007 $
Deficit from ordinary activities - NTRB Functions (42,701)
Add:
Unexpended Grant (155,475) Doubtful Debts (5,401) Depreciation 71,490 Non cash Interest Charges 20,486 Written down value of sold assets 0 Mortgage and Hire Purchase payments (43,875)
Unexpended funds (155,475)
21
73 Kimberley Land Council
NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS for the year ended 30 JuneKimberley 2007 Land(continued) Council Aboriginal Corporation Notes to and forming part of the Financial Statements (cont.) For the year ended 30 June 2007
Note 16. Schedule of grants B/Fwd Transfer Released Expended C/fwd 30-Jun-06 To/(From) 30-Jun-07 30-Jun-07 30-Jun-07 OIPC (Department of Family Community Services and $ $ $ $ $ Indigenous Affairs) Grants Native Title Operational 05/06 (11,454) 11,454 - Native Title Operational 06/07 - 5,403,386 (5,247,911) 155,475
Other Grants Aust Govt Envirofund - Paraku (255) 255 (0) CRC - Jikali (543) 543 (0) CRC - Nailsma Forum (571) - 571 - CRC - Turtle and Dugong Research Project 84,146 103,000 (136,981) 50,165 Natural Heritage Trust - Turtle & Dugong Project 22,727 - (20,191) 2,537 Department of Indigenous Affairs L&S Coordinator 50,417 - (43,289) 7,128 Land & Sea Co Ordinator 35,381 48,438 (37,241) 46,579 ILC L&S Management 43,842 41,500 (93,306) (7,964) L&S Management - The Christensen Fund - 50,402 (12,114) 38,288 Environment Aust - Cane Toad Project 1,413 1,413 Environment Aust. Paraku (Lake Gregory) IPA Project 7,043 95,000 (113,019) (10,976) DEH Lake Gregory Water Treatment - 45,437 (12,452) 32,985 FACS - Tjurabalan (2004) 4,871 20,000 (4,871) 20,000 Great Sandy desert IPA Project 42,104 75,000 (82,595) 34,509 Indigenous Land Management Project 1,120 146,500 (109,081) 38,539 Karajarri - Envirofund Landcare 14,617 - (9,279) 5,338 Karajarri - Coastal Mgt Plan 10,000 - (2,101) 7,899 Karajarri - Ranger Project 53,095 - (24,865) 28,229 KDC - Sustainable Wild Harvest 18,454 - (1,354) 17,100 Land & Water Australia - East Kimberley Pastural 130,695 - (77,705) 52,989 Land & Water Australia - Fish Passage 8,400 - (840) 7,560 Minyirr Park - Coast West 24034 10,416 - (10,416) 0 Minyirr Park - Donations 8,820 13,943 (10,261) 12,502 Minyirr Park - Other 1,953 - (1,953) 0 Minyirr Park - Community Water Project 39,205 - - 39,205 Minyirr Park - Seedling Nursery 10,000 - (10,000) - Minyirr Park - Water Supply 26,816 - (24,934) 1,882 Minyirr Park - Work for the dole 2,242 19,839 (24,766) (2,685) Minyirr Park - Youth Camp 3,616 - (3,616) - Minyirr Park (Broome) (1,496) 68,500 (85,217) (18,213) Minyirr Park - Business Development - 4,500 - 4,500 Minyirr Park - Envirofund Weed Control - 44,087 (30,775) 13,312 Minyirr Park - Attorney General - 39,220 - 39,220 Minyirr Park - FaCSIA - 39,230 (14,820) 24,410 Minyirr Park - Landcare Regeneration Project - 9,091 (2,116) 6,975 Poola Foundation - Crab Creek Management Plan - 5,000 - 5,000 DPI Coastal Management Plan - 10,000 (1,818) 8,182 Roebuck Bay Working Group 3,379 7,910 (1,324) 9,965 NAILSMA - Broome Training 177 - (177) - Ngauwudu Management - Munurru (2,867) 2,867 (0) Natural Heritage Trust - Landcare 7,693 (4,039) 3,654 Other grants 4,756 4,364 (4,958) 4,162
(continued . . .)
74 Annual Report 2006 - 2007
NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS Kimberley Land Council for the year ended 30 June 2007Aboriginal (continued) Corporation Notes to and forming part of the Financial Statements (cont.) For the year ended 30 June 2007
Note 16. Schedule of grants B/Fwd Transfer Released Expended C/fwd 30-Jun-06 To/(From) 30-Jun-07 30-Jun-07 30-Jun-07 OIPC (Department of Family Community Services and $ $ $ $ $ RangelandsIndigenous NRMAffairs) - Fitzroy Grants Rivercare 14,744 - (22,019) (7,275) RangelandsNative Title OperationalNRM - Ingigenous 05/06 Engagement (13,435) (11,454) 32,209 (27,902) 11,454 (9,128) - AppropriateNative Title EconomiesOperational RT 06/07 - Thomas Kantor Foudation (15,943) - 15,943 5,403,386 - (5,247,911) - 155,475 0 Appropriate Economies RT - Poola Foundation 15,968 (417) - (15,551) - Other Grants Appropriate Economies RT - Office of Water Strategy 8,801 (8,801) 0 Aust Govt Envirofund - Paraku (255) 255 (0) Appropriate Economies RT - ACF - 417 34,320 (50,859) (16,122) CRC - Jikali (543) 543 (0) Appropriate Economies RT - KDC - - 40,000 (30,867) 9,133 CRC - Nailsma Forum (571) - 571 - World Wildlife Fund - Fitzroy Sawfish 10,548 10,548 (23,440) (2,344) CRC - Turtle and Dugong Research Project 84,146 103,000 (136,981) 50,165 World Wildlife Fund - Wildlife Coordinator - 30,455 (37,200) (6,745) Natural Heritage Trust - Turtle & Dugong Project 22,727 - (20,191) 2,537 WWF Threatened Species Network 35,055 3,895 (33,662) 5,288 Department of Indigenous Affairs L&S Coordinator 50,417 - (43,289) 7,128 Rangelands NRM - Salt Water 2,732 - (24,892) (22,160) Land & Sea Co Ordinator 35,381 48,438 (37,241) 46,579 Coastwest SW Balanggarra - 24,650 (29,472) (4,822) ILC L&S Management 43,842 41,500 (93,306) (7,964) Coastwest SW Dambimangari - 21,896 - 21,896 L&S Management - The Christensen Fund - 50,402 (12,114) 38,288 Coastwest SW Mayala - 21,578 (4,555) 17,023 Environment Aust - Cane Toad Project 1,413 1,413 Coastwest SW Uunguu - 28,088 (5,175) 22,913 Environment Aust. Paraku (Lake Gregory) IPA Project 7,043 95,000 (113,019) (10,976) DEC SW Project - 53,245 - 53,245 DEH Lake Gregory Water Treatment - 45,437 (12,452) 32,985 DIA SW Project - 50,000 (64,796) (14,796) FACS - Tjurabalan (2004) 4,871 20,000 (4,871) 20,000 Saltwater IPA - 55,000 (8,400) 46,600 Great Sandy desert IPA Project 42,104 75,000 (82,595) 34,509 DIA Threatened Species - 13,450 (3,665) 9,785 Indigenous Land Management Project 1,120 146,500 (109,081) 38,539 Balanggarra Mgt Strategy 15,550 - (15,176) 375 Karajarri - Envirofund Landcare 14,617 - (9,279) 5,338 Regional Heritage Agreement 9,785 - - 9,785 TjurubalanKarajarri - CoastalSigns Mgt Plan 12,000 10,000 - - (12,000) (2,101) 7,899 - Karajarri - Ranger Project 53,095 - (24,865) 28,229 KDC - Sustainable Wild Harvest 18,454 - (1,354) 17,100 Land & Water Australia - East Kimberley PasturalKimberley Land Council 726,316 130,695 7,142 6,713,680 - (6,654,327) (77,705) 792,514 52,989 Land & Water Australia - Fish Passage Aboriginal Corporation 8,400 - (840) 7,560 Minyirr Park - Coast WestNotes 24034 to and forming part of the23 Financial 10,416 Statements (cont.) - (10,416) 0 Minyirr Park - Donations For the year ended 30 June 8,820 2007 13,943 (10,261) 12,502 Minyirr Park - Other 1,953 - (1,953) 0 MinyirrNote 17.Park Schedule - Community of Water Unexpended Project Project Funds and 39,205 Other Debtors - - 39,205 Minyirr Park - Seedling Nursery B/Fwd 10,000 Transfer Released - Expended (10,000) C/fwd - Minyirr Park - Water Supply 30-Jun-06 26,816 To/(From) 30-Jun-07 - 30-Jun-07 (24,934) 30-Jun-07 1,882 Minyirr Park - Work for the dole $ 2,242 $ $ 19,839 $ (24,766) $ (2,685) UnexpendedMinyirr Park - ProjectYouth Camp Funds 3,616 - (3,616) - Tjurabalan Admin (10,236.57) KimberleyMinyirr Park Futures (Broome) (1,496) 68,500 (85,217) 5,401.57 (18,213) WorkMinyirr Program Park - Business Clearances Development - 4,500 - (29,357.99) 4,500 AztecMinyirr Resources Park - Envirofund Koolan IslandWeed ImplementationControl - 44,087 (30,775) 99,167.16 13,312 InpexMinyirr Browse Park - AttorneyNegotiation Generals - 39,220 - 42,767.33 39,220 Rubibi Global Negotiations 115,896.80 Minyirr Park - FaCSIA - 39,230 (14,820) 24,410 Sally Malay Negotiations 48,954.27 WoodsideMinyirr Park negotiations - Landcare Regeneration Project - 9,091 (2,116) (48,188.55) 6,975 Poola Foundation - Crab Creek Management Plan - 5,000 - 5,000 DPI Coastal Management Plan - 10,000 (1,818) 8,182 Roebuck Bay Working Group 3,379 - - 7,910- (1,324) - 224,404 9,965 NAILSMA - Broome Training 177 - (177) - Ngauwudu Management - Munurru 24 (2,867) 2,867 (0) Natural Heritage Trust - Landcare 7,693 (4,039) 3,654 Other grants 4,756 4,364 (4,958) 4,162
75 Kimberley Land Council
Kimberley Land Council
© Kimberley Land Council 2007 76