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Annual Report 2007 Annual Report 2006 - 2007 Kimberley Land Council Annual Report 2007 Kimberley Land Council i 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. i 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. 1 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,
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