April 2019 • www.nlc.org.au Land Rights News • Northern Edition 1

April 2019 Issue 1 “IT TOOK US 20 YEARS, BUT WE FINALLY GOT IT!” Native Title recognised in Pine Creek

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Federal Election called for 18 May Marion Scrymgour first female p18-19 CEO p3 2 Land Rights News • Northern Edition April 2019 • www.nlc.org.au April 2019 • www.nlc.org.au Land Rights News • Northern Edition 3

A WORD FROM THE CHAIR Mick Dodson appointed Treaty Commissioner irstly I would like to welcome Marion Scrymgour I was also privileged to attend the native title as the new Chief Executive Officer (CEO) of the determination ceremony in Pine Creek this month FNorthern Land Council, the first woman to hold where the Wagiman and Jawoyn Bolmo, Matjba and such a position across all NT land councils. Wurrkbarbar groups were recognised as the native “I’d like to give as many people as possible the title holders. It was an incredibly happy occasion to Marion’s appointment followed a rigorous recruitment opportunity to talk to me and my crew about the The Treaty Commissioner will celebrate with friends and family. I would like to thank process and we are thrilled to welcome on board Terms of Reference and their reactions to the NLC lawyers, in particular David Spicer-Harden, for determine: someone who brings such relevant skills. Marion is no discussion paper,” he said. their commitment to securing this victory. • What a Northern Territory Treaty will seek to stranger to firsts as she was the first Aboriginal woman to be elected to the Legislative Assembly, representing In the last week a Federal Election has been called. “We’re hoping to develop a plan language achieve Arafura from 2001 to 2012. While the goings-on in Canberra can often seem far version of the discussion paper and also get that • Whether there should be one or multiple away, votes in the bush do make a real difference in translated into major Aboriginal languages that treaties It is also great to see Professor Mick Dodson announced deciding the future of our regions. The electoral roll are spoken across the Territory, with the help of as the Northern Territory’s first Treaty Commissioner. • The best model for a Treaty in the Northern is missing 42% of the Indigenous population and the Aboriginal Interpreter Service whose giving Mick has strong connections with the Territory and the Territory 36000 Territorians are not enrolled, so I encourage all us that sort of support in kind.” NLC and I cannot think of a person more suited to lead • What outcomes are possible under a Treaty countrymen and women to make sure their details are the process for a Treaty between the Northern Territory “I’ll do as much as is within our power and for Aboriginal people up to date by calling 13 23 26 or visiting www.aec. resources to [find out] what the community Government and the Territory’s Aboriginal people. • What the best process is for negotiating a gov.au. desire. My view is that big town hall meetings Some important milestones have been made in land Treaty Speaking of elections, we also have the Northern Land won’t do the job because in those circumstances, rights in the last few months. The Aboriginal Land • The potential contents of any Treaty in the Council elections coming up in the second half of this too many voices go unheard. Commissioner’s Report on the review of detriment Northern Territory. year. We are committed to seeing more women and into Aboriginal Land Claims was tabled in Parliament What’s essential is people come with a good young people elected to Council. Nominations will be in February. The report provides advice on 16 heart and no locked in positions that will stifle the called from July so start thinking now about who you The Treaty Commissioner will be longstanding Aboriginal land claims, from as early process form the start,” he said. would like to represent your community. The new term as 1981, that have been recommended for grant but responsible for: will run from November 2019 to November 2022. Professor Dodson said Aboriginal Territorians not yet granted. It was a welcome report for the land were not new to agreement-making and would • Consultation with Aboriginal people on their council, expressing faith in the NLC’s new permit And finally thank you to our council members, bring immense experience. support for a Treaty system which will satisfy recreational fishers wanting constituents and staff for their support and patience • Consultation with Aboriginal representative “Lets not forget we’ve been making agreements to access waters on Aboriginal land. We are pleased during a period of immense change. We are a strong Professor Mick Dodson has been bodies and community groups the new system is on track to be in place in the third council and will be stronger still as we move into this or treaties for decades in the Northern Territory, quarter of 2019, as it will modernise the permit next phase under Marion’s leadership. announced as the Northern Territory’s be they for service delivery, be they for land rights, • Developing a suitable framework to further application process and be an improvement for both Treaty negotiations with the Northern Territory Samuel Bush-Blanasi first Treaty Commissioner, tasked access to Aboriginal land, be they for native title. Traditional Owners and visitors. Government “Aboriginal and Torres Strait Islanders across Chairman with leading the process for a Treaty • Recommend the best of Aboriginal the country have been negotiating agreements representation in any future Treaty between the Northern Territory with governments at all levels for decades. We’re negotiations not new hands to the task, there is considerable Government and the Territory’s experience.” • Ensure non-Aboriginal Territorians are informed of the process Aboriginal people. The Territory Labor Government promised soon The Territory Government has provided around after the election in 2016 to advance a Treaty. On MARION SCRYMGOUR BECOMES FIRST $3 million for the Treaty Commissioner role and 8 June 2018, the Northern Territory’s four Land part-time female Aboriginal Deputy associated operation costs. Commissioner will also be appointed to Councils and the Northern Territory Government assist the Commissioner. signed an historic Memorandum of Understanding Professor Dodson said while adequate resourcing A had been secured for the first 12 months, Professor (the “Barunga Agreement”), paving the way for FEMALE CEO OF ANY NT LAND COUNCIL The Yawuru man from Broome has strong consultations to begin with Aboriginal people Dodson said a review will need to take place to connections with the Territory, having been born about a Treaty. decide the needs for the following 2 years. Ms Scrymgour is the former CEO of the “Hopefully we can go forward now and give in Katherine and growing up in the NT. He was a Tiwi woman Marion Scrymgour has “Obviously getting out bush so to speak is going Tiwi Islands Regional Council and a former some stability; it’s in the interest of Aboriginal previous Director of the Northern Land Council. Significantly, the MoU was signed on the first day of the Barunga Sport and Cultural Festival to cost money and I want to touch as many places been announced as the new CEO of member of the Northern Territory Legislative Territorians that we do that.” The role of the Treaty Commissioner will be to lead – the 30th anniversary of the presentation of in the Territory that we can within our resources Assembly. the advancement of a treaty, including consulting the Northern Land Council, the first Chairman of the NLC Samuel Bush-Blanasi the Barunga Statement to Prime Minister Bob and that may cost more than the present allocated with Aboriginal people and organisations across In 2000, she became the first Aboriginal said: “We welcome Marion’s return to the Hawke, who went on to promise a Treaty between resources.” woman to hold the CEO position at the Territory, and developing a framework for woman to be elected to the Legislative land council after too many years away and the Commonwealth and Australia’s Indigenous “My view – and I’ve made it clear to the Chief Treaty negotiations. Professor Dodson himself peoples, but has remained undelivered. any Northern Territory land council. Assembly, representing the electorate of look forward to working closely with her will not be negotiating a treaty. Minister and the bureaucrats – that I think that for Arafura from 2001 to 2012. during the years ahead.” The appointment of an independent Treaty that second process of consultation we will need “I’m not writing a treaty or negotiating a treaty. a top up of resources. Prior to her entrance into politics, she was Ms Scrymgour previously worked at the NLC Commissioner formed part of the terms of the That’s not the job of a treaty commissioner. My MoU. the CEO of the Wurli-Wurlinjang Aboriginal from 1985-1989. job is to report what people are saying, what they “The Territory’s a vast place, it’s 750,000 square All four NT Land Councils and the Minister for kilometres. That’s about four or five times the size Health Service and the first CEO of Katherine CLC chair Francis Kelly said the appointment want,” he told Land Rights News. West Aboriginal Health Board. She co- Aboriginal affairs supported Professor Dodson’s of Western Europe. It’s a lot of dirt.” of a woman to the Northern Land Council’s “I was born in the NT and lived and worked here appointment. ordinated community care trials and health top administrative position was a historic for over half my life so I feel well equipped for this Mr Dodson congratulated the Northern Territory Government for initiating this very important service provision throughout the Katherine achievement and a win for equality. role. I know it’s a tough challenge, however I am Northern Land Council interim CEO, Mr Jak Ah West region. looking forward to talking to Northern Territorians Kit said: “Professor Dodson is the most qualified Treaty process. Federal Indigenous Affairs Minister Nigel person for this position because of his outstanding “I am realistic that there are big challenges and sharing their views on where we go to from “Anyone who has listened to me talk publically Scullion congratulated Ms Scrymgour on her here.” contribution to the community to date.” knows that I am concerned with what I call “the ahead but I look forward to working with the “significant” appointment. Executive and the Full Council and getting Professor Dodson commenced on Monday 4 “He has proved himself to be an outstanding unfinished business”. A Treaty is a good place to around the regions to meet council members, He said he had the “greatest confidence in March 2019 and under the Commissioner’s Terms citizen, assisting our country to progress in many start with addressing this unfinished business. staff and constituents,” said Ms Scrymgour. her capacity to serve”. of Reference will deliver an interim report and ways, particularly in bringing Indigenous and “We as a nation must come face to face with our public Discussion Paper within 12 months. non-Indigenous people together. dark and traumatic history. We must confront the “Knowing that I follow in the footsteps of “The NLC is one of the most important “This is an important opportunity to reset the impact of colonisation and begin the process of some giant men who have been in this organisations in the Territory and has a critical That discussion paper will become the focus of relationship between the Territory’s First Nations acknowledgement, recognition and healing. The position, I know I’ve got big shoes to fill, but role representing Aboriginal people in the the community consultations, with a final report handed down 18 months later. Professor Dodson and the Government,” said Mr Ah Kit. NT has embarked on dealing with this task by this I think I’m more than up to the challenge,” Top End and delivering better outcomes for will travel across the Territory to hear the views of courageous step of setting up this Commission.” she said. Indigenous communities,” Minister Scullion said. Aboriginal people during that period. 4 Land Rights News • Northern Edition April 2019 • www.nlc.org.au April 2019 • www.nlc.org.au Land Rights News • Northern Edition 5

Report into detriment review tabled in “IT TOOK US 20 YEARS, BUT WE FINALLY GOT IT!” Parliament Native Title finally recognised in Pine Creek

Senior Wagiman Traditional Owner George Jabul Huddleston at the ceremony. Wagiman and Jawoyn native title holders with Justice White.

The Aboriginal Land on behalf of traditional owners, which would be significant except in a general way and which allow activities to continue after the grants of the should not impede the significant majority of Commissioner’s Report on the claimed areas. fishers.” review of detriment into Aboriginal For recreational fishers, activities could continue In relation to pastoralists, the NLC has proposed Land Claims recommended for thanks to a permit system administered by the a licence to allow pastoralists to carry out their grant but not yet finalised was NLC. In the report, the Commissioner says the activities in the use of the claimed areas. tabled in Parliament on Thursday, NLC’s proposed system is a satisfactory one, both Under section 11A of ALRA, agreements can be in its ambit and in its procedures. Wagiman woman Daphne Huddleston cuts the cake after the ceremony. Senior Wurrkbarbar woman Bessie Coleman (left) with friend. 21 February 2019. made between the NLC and another party that only While a permit system has been in place for many come into effect if and when the land is granted. finally got there. I learnt a lot from the senior women “I would like to pay respects to the old ones who have The report provides advice on 16 longstanding years, NLC constituents and the public have been The Wagiman and Jawoyn Bolmo, Aboriginal land claims, from as early as 1981, in the The view of the NLC is that the agreements and men. They started it off. We finished it off.” passed and are not here to celebrate this achievement, calling for improvements for some time. The NLC to getting the land back after 20 years,” said Wagiman Northern Territory that have been recommended would be mutually beneficial and we welcome the Matjba and Wurrkbarbar groups have For the claimants and their families, the resolution of is currently developing a new and easy-to-use opportunity to work with pastoralists toward this woman Elizabeth Sullivan. for grant but not yet granted. They date from 14 to permit system that will better protect Aboriginal their native title claim over Pine Creek is an important 38 years ago (1981 to 2004). goal. been recognised as the native title milestone for three reasons. “I celebrate this success and significant milestone in rights and interests and better serve the needs and Wagiman history in knowing that Pine Creek and its The Commissioner has outlined that the proposal holders of the town of Pine Creek at Firstly, it recognises the traditional ownership of the Ordinarily the Commissioner would not have a interests of visitors to Aboriginal land. surrounds have been returned to the Wagiman people.” function to perform in respect of claims already from the NLC appears to be a satisfactory one. Town of Pine Creek by the Wagiman people and the The new permit system will improve management a determination ceremony held on Jawoyn Matjba, Bolmo and Wurrkbarbar groups Ms Sullivan also paid tribute to NLC staff for their recommended for grant. However in July 2017 and regulate access to traditional lands; ensure The Commissioner’s recommendation is that such country, two decades after the first through their shared connection to the land. hard work in reaching this day. the Minister for Aboriginal Affairs, Senator the visitors understand their obligations under the detriment claims should not stand in the way of Secondly, the determination recognises the native “I would like to thank the Honourable Justice White Hon Nigel Scullion, requested the advice of the law and are safe and informed while visiting the grants of the lands claimed. claim was lodged. Commissioner under s 50(1)(d) of the Aboriginal title claimants always had, and still have, a special for the return of our traditional lands under Native Aboriginal land; protect and promote Aboriginal Senator Scullion said in a statement: “All parties Land Rights (Northern Territory) Act 1976 More than 160 people gathered at Heritage Park on relationship with, and traditional rights in, the land and Title, and the NLC Legal representatives for their rights, interests and culture, and promote mutual with an interest in the land claims reported on by waters of the claim area. perseverance and commitment for pursuing this Native (ALRA) in relation to the status of detriment 9 April 2019 as Justice White of the Federal Court respect between Traditional Owners and visitors; the Commissioner will be given the opportunity to recognised mostly exclusive native title in and Title Claim on our behalf. issues associated with these claims. enable NLC and Traditional Owners to track trends Thirdly, it provides the native title claimants with comment on the report before the Minister makes around the town of Pine Creek, covering an area of an opportunity to have input into any future uses of Exclusive possession native title is the highest 2 Settlement negotiations will be assisted in visitor numbers, feedback and compliance any decision about whether to proceed with the approximately 12km . It was the first time the Federal their country. It is also significant for the children and recognition capable under Australian property law, significantly by the detriment review. hotspots; and be modern, intuitive, responsive and recommendations for grants of land under the Court has sat in Pine Creek. grandchildren of those persons who will carry this giving Wagiman and Jawoyn Bolmo, Matjba and reliable. Twelve of the 16 claims relate to land which Aboriginal Land Rights (Northern Territory) Act It was a day of celebration for senior Wagiman Elder legacy into the future. Wurrkbarbar native title holders the same rights as private land owners. Existing roads and private land comprise beds and banks of rivers and/or the The new system is expected to be in place later in 1976.” George Jabul Huddleston who, along with his brothers Mick Markham, Jawoyn elder, said the decision would will not be affected by the determination. intertidal zone. 2019, ensuring a long lead time to add areas to the “It is critical that this many years into the process made some of the first claims to native title over Pine bring certainty for the future of the town. “Thank you permit system as land is granted and instructions Creek. to our elders who fought this for 20 years. They started As well as exclusive native title, the determination also Major submissions on detriment concern the we do all we can to help settle outstanding obtained. claims to provide certainty and opportunity to all “It’s a really important thing. We like to get it back this this. And it’s a special day of remembrance for them. recognises a right to “access and take resources for any interests of recreational and commercial fishers, This determination will free up a lot of the blocks here. purpose” – i.e. including commercial purposes and not While the Commissioner concedes one ongoing Territorians. I also maintain my commitment to country. I’m happy. For my mum and dad, my brothers and of pastoralists – represented by the Amateur I’m happy,” he said. “Of my four brothers, I am the People from the communities can move in and buy a limited to personal or domestic purposes. Fishermen’s Association of the NT (AFANT), detriment will be the need to obtain a permit, work with all stakeholders to ensure that detriment block, and live in this town,” he said. issues are resolved. only one left. I went four times for hearings to give This right was first recognised in the Northern Territory the NT Seafood Council (NTSC) and the NT he says “This is a minor matter where it can be evidence. I am happy to get back the land.” obtained, on-line, and there are a range of options For the native title claimants, the determination marked in the town of Borroloola in August 2016. Cattlemen’s Association (NTCA). “My commitment to the resolution of outstanding the end of a long journey started by some of those who Senior Wurrkbarbar woman Bessie Coleman said it The native title determination in Pine Creek marks to suit most fishing needs.” land claims has been supported by additional were present and many more who have since passed. The report notes that the concerns of recreational had been a long battle but justice had finally been won. the second time the Northern Territory has agreed to investment in the Aboriginal Land Commissioner, A minute of silence was held to recognise those who fishers and pastoralists can be accommodated by The other ongoing detriment will be the fee payable recognise this right by consent, following the town of Northern Territory Land Councils and other “It took us 20 years, but we finally got it,” she said. “All have passed away since this process began. adopting the proposals put forward by the NLC for the permit, after a generous moratorium the years I grew up in this town we had no voice. We Larrimah determination in October 2018. period. “That too is a minor matter, not shown to stakeholders.” 6 Land Rights News • Northern Edition April 2019 • www.nlc.org.au April 2019 • www.nlc.org.au Land Rights News • Northern Edition 7

A NEW APPROACH TO CLOSING THE GAP OUR PEOPLE WILL LEAD THE WAY and which has direct input in respect of the design and matters. implementation of the Refresh consultation process”; Prime Minister Scott Morrison The partnership between COAG and the Coalition of Peaks On Thursday 14 February 2019, the Prime Minister tabled the 11th Closing the Gap report. Pat Turner AM*, CEO of the and will involve the creation of a Ministerial Council, and will National Aboriginal Community Controlled Health Organisation, wrote the following opinion piece for NITV on 15 February tabled the 11th Closing the • The lack of genuine Indigenous engagement by COAG allow for a jointly-agreed refreshed framework and targets. in the Closing the Gap Refresh process. The NLC and Before finalisation, targets will need to be agreed by both 2019. Gap Report in Parliament on 14 CLC submitted that the content of the consultations, as members of the partnership. Our people have watched and waited long February 2019. well as when, who and where consultations will take This heralds a nationally significant commitment and new place, is being unilaterally dictated by COAG without approach to reviewing the National Indigenous Reform enough while successive Governments agreement from any Indigenous representative bodies. Agreement on Closing the Gap. The National Partnership Concern in respect of the lack of Indigenous engagement Agreement establishes the Joint Council which is made failed to deliver on the promise of The Closing the Gap Strategy was introduced by former up of Premiers/First Ministers of State/Territory in COAG Prime Minister Kevin Rudd in 2008 based on two documents and a lack of commitment to working in partnership was equal standards of health, education felt widely amongst the Indigenous sector, led to a number including the Australian Local Government Association and signed by the Council of Australian Governments (COAG): 12 representatives from the Coalition of Peaks (1 from each the Closing the Gap Statement of Intent, and the National of representatives from Indigenous organisations uniting in and employment. Now a coalition of late 2018 to lobby governments for genuine engagement State and Territory Peaks – and 4 specialists from Health, Indigenous Reform Agreement. The strategy, aimed at Law and Justice, Education and Families and Economic community controlled, peak bodies are achieving equality between Indigenous and non-Indigenous and partnership in respect of the refresh of the Closing the Gap Strategy. Development). Ms Pat Turner from the Coalition and Mr Australia in terms of life expectancy and other important Ian Anderson (Cth) are the Co-Chairs of the Joint Council. determined to drive change on Closing measures, sets out the following seven targets: The NLC has joined with other Aboriginal organisations On 25 March 2019, the Prime Minister of Australia, the the Gap. • Close the gap in life expectancy by 2031 nation-wide to successfully lobby the Prime Minister and First Ministers of each State and Territory to agree to partner Hon Scott Morrison MP, signed the National Partnership • 95% of all Indigenous four-year-olds enrolled in early with an alliance of Aboriginal organisations to co-design, Agreement and wrote to the Coalition of Peaks and State On the floor of Parliament yesterday, Prime childhood education by 2025 monitor and evaluate a refreshed Closing the Gap Strategy. and Territory Governments. The Australian Capital Minister Scott Morrison spoke of a change Territory was next to sign which gave affect to the National • Halve the gap in child mortality by 2018 Led by Ms Pat Turner, CEO of National Aboriginal Partnership Agreement; and on behalf of the Coalition of happening in our country. There is a shared Community Controlled Health Organisation (NACCHO), understanding that we have a shared future as • Close the gap in school attendance by 2018 Peaks, Ms Pat Turner AO, the South Australian and Northern 35 Aboriginal peak organisations and statutory bodies Territory Governments along with the Australian Local Indigenous and non-Indigenous Australians, • Halve the gap in reading and numeracy by 2018 nation-wide have formed a Coalition of Peaks to lobby Government Association have also signed the Agreement. together. But our present is not shared. the Prime Minister and First Ministers of each State and • Halve the gap in Year 12 attainment by 2020 The other States have agreed to sign and are going through Territory to commit to genuine engagement and partnership Cabinet approval processes - with Victoria waiting to see the Our present reality and indeed our past, is marred • Halve the gap in employment by 2018 with the Coalition of Peaks in forming the refreshed Closing outcome of the Commonwealth Election. The Aboriginal in difference and disparity. This striking disparity the Gap strategy Peak Organisation NT representative on the Joint Council Nationally, two targets, early childhood education and in quality of life outcomes is what began the is John Paterson. Year 12 attainment, are on track to be met. In the Northern historic journey of the Closing the Gap initiatives Territory, just one is on track: National Partnership Agreement A Partnership Working Group reports to the Joint Council Members of the coalition of peak bodies at Parliament House: Donnella Mills (Acting NACCHO Chair), Antoinette a decade ago. Braybrook (National Convenor of National FMPLS), Patricia Turner (CEO NACCHO), John Paterson (CEO APO NT), Muriel and was established to drive implementation of the National signals new approach Bamblett (CEO VACCA) , Cheryl Axleby (CEO NATSILS). Northern Territory Partnership Agreement on Closing the Gap, the decisions of But after ten years of good intentions, the outcomes the Joint Council including resolution of issues referred to have been disappointing. The gaps have not been On 12 December 2018, during a meeting between COAG it by the Joint Council. The Partnership Working Group is We now need to ensure that the agreement We want to ensure our views are considered equal Of the five jurisdictions with acceptable quality of closing and so-called targets have not been met. and representatives of the Coalition of Peaks in Canberra, made up of Commonwealth, State and Territory Government blossoms into genuine action. We simply cannot and that we make decisions jointly. Indigenous mortality data, the Northern Territory continued The quality of life among our communities is the Prime Minister announced COAG’s commitment to and Coalition of Peak representatives who met for the first to have the highest Indigenous child mortality rate (305 per let this opportunity to make a real difference to the partnering with the Coalition in order to jointly establish a time face to face on 11 April 2019 in Adelaide. Trish Rigby simply not equal to that of our non-Indigenous We cannot continue to approach Closing the Gap 100,000) over the period 2013–2017. lives of our people slip by. Government cannot be framework, set targets and monitor the framework. is the Northern Territory representative on the Partnership Australian counterparts. in the same old ways. The top-down approach has allowed to drag the chain on this until it becomes In the Northern Territory the number of Indigenous children Building on that December decision, the Prime Minister Working Group. reaped disappointing results as evidenced by the enrolled declined by 2 per cent, and the proportion of Although I outline troubling realities, I am ever another broken promise. has formally announced a National Partnership Agreement The Commonwealth Election announcement will not lack of progress of previous strategies to reach Indigenous children enrolled also declined by around 2 hopeful that change is near. I was heartened on Closing the Gap between the Commonwealth State/ affect the work done so far and all parties to the National We are doing the heavy lifting and have their targets. percentage points between 2016 and 2017. by the statement made by the Prime Minister Territory Governments and Coalition of Peaks to govern the Partnership Agreement are committed to finalising the drafted a formal partnership agreement for the partnership between the Coalition and COAG. yesterday. For the first time, I heard a genuine We must not lose sight of the most crucial point Partnership Working Group Terms of Reference, forward Commonwealth, state and territory governments work plan and it’s approach to review and refresh the 2008 acknowledgement of why the Closing the Gap of Closing the Gap, which is to improve the The Partnership Agreement between COAG First Ministers to consider. We are determined to do all that we Close the Gap refresh and the Coalition of Peaks sets out partnership principles, National Indigenous Reform Agreement and forward work outcomes seem steeped in failure. I heard an everyday lives of our people. We must ensure our the scope of the matters which are to be agreed between plan. acknowledgement that until Aboriginal and Torres can to fulfil COAG’s undertaking to agree on people are no longer burdened with higher rates 2018 marked ten years since the Closing the Gap Strategy the parties, as well as the framework for negotiating those Strait Islander people are brought to the table as formal partnership arrangements by the end of of child mortality, poorer literacy, numeracy and was introduced, aimed at achieving equality in life equal partners, the gap will not be closed and February. employment outcomes, along with substantially expectancy and other measures of well-being between Indigenous and non-Indigenous Australians. The Strategy is Target On track? Northern progress will not be made. This is a view that our The agreement sets out how we all work together lower life expectancies. being currently being reviewed, or ‘refreshed’. community has expressed for many years - a view and have shared and equal decision making on Yesterday on the floor of Parliament, the Prime I am encouraged has finally been heard. closing the gap. We are confident that a genuine In the Northern Territory, only one target is on-track to be Australia-wide Territory Minister said that this will be a long journey of achieved. Historically, Aboriginal and Torres Strait partnership will help to accelerate positive many steps. And I say, we have been walking for Close the gap in life expectancy by No No outcomes to close the gaps. In 2018, Prime Minister and Cabinet (PM&C) consulted 2031 Islander community leaders have not been equal centuries. We have journeyed far and we will keep in respect of the refreshed Closing the Gap Strategy decision-makers in steering attempts to close The lack of progress under Closing the Gap is the walking forward and climbing up until we reach a by obtaining the public’s feedback at ‘round table’ 95% of all Indigenous four-year-olds enrolled Yes No the unacceptable gaps between Aboriginal and lived reality of our people on the ground everyday. place where we are all on equal ground. consultations held in capital cities, and obtained feedback Torres Strait Islander Australians and the broader They are being robbed of living their full potential. via submissions. The NLC was concerned at the lack of in early childhood education by 2025 I also heard the Leader of the Opposition say that genuine Indigenous engagement during this review process, community. Sadly, attending the funerals of people in our the burden of change needs to be carried by non- and it was perceived that the consultations were run with no Halve the gap in child mortality by 2018 No No Our struggle as community-controlled community – including increasingly young people Indigenous Australians in acknowledging that input from any Indigenous representative bodies, and that taking their own lives – is all too common. the feedback obtained during consultation would have no organisations to sit at the table and have a voice racism still exists, that our justice system is deeply – let alone for governments to actually listen to A coalition of Aboriginal and Torres Strait Islander flawed and that generational trauma cannot be bearing on the process of refreshing the Closing the Gap Close the gap in school attendance by 2018 No No Strategy. us – has long been at the crux of the disappointing peak bodies from across the nation has formed to ignored. On 30 April 2018, the NLC, together with the CLC, made a progress. be signatories to the partnership arrangements. We And yes, change must come from within our submission to PM&C which criticised the lack of genuine Halve the gap in reading and numeracy by No No Last year, an accord on the first stage of the Closing are now almost 40* service delivery, policy and communities but change must also come from the engagement with Aboriginal and Torres Strait Islander 2018 advocacy organisations, with community-control people, and the need for a partnership between government the Gap Refresh languished because discussions whole of Australia. We must change together. were not undertaken with genuine input from at our heart. This is the first time our peak bodies and Indigenous people to develop a refreshed Closing the Halve the gap in Year 12 attainment by 2020 Yes Yes have come together in this way. The time has come for our voices to be heard and Gap Strategy. Amongst other matters, the Submission raised community members. We turned an important for us to lead the way on Closing the Gap. We are concern in respect of: corner in December when an historic agreement Our coalition brings a critical mass of independent ready for action. • The lack of a governance structure, which should Halve the gap in employment by 2018 No No was reached to include a coalition of peak bodies Indigenous organisations with deep connections to be established by COAG and which should include as equal partners in refreshing the Closing the Gap communities that will enhance the Closing the Gap * Pat Turner AM is the CEO of the National Aboriginal “representation of national Indigenous peak bodies strategy. efforts. We are a serious partner for government. Community Controlled Health Organisation. 8 Land Rights News • Northern Edition April 2019 • www.nlc.org.au April 2019 • www.nlc.org.au Land Rights News • Northern Edition 9

TOP END WEDDING OPENS IN DARWIN FROM THE RED CARPET...

Top End Wedding had its NT premiere in Palmerston on Thursday 11 April.

he heartwarming romantic comedy tells the story of successful Sydney lawyer TLauren (Miranda Tapsell) and her fiancé Ned (Gwilym Lee). Engaged and in love, they have just ten days to pull off their dream Top End Wedding. First though, they need track down Lauren's mother, who has gone AWOL somewhere in the Northern Territory. Miranda Tapsell is a proud Larrakia woman from Darwin who grew up in Kakadu National Park, and is famous for roles in films such as The Sapphires and TV show Love Chid. As well as starring in the film, Ms Tapsell also co-wrote and co-produced Top End Wedding. She says the journey through the script Stars of Top End Wedding: Lynette Johnson, Miranda Guests at the Palmerston Premiere of Top End Wedding. process was one of empowerment, of taking Tapsell and Bernard Tipiloura. charge of her destiny. Miranda Tapsell in a scene from Top End Wedding “It just feels so empowering to be able to make the stories that you want to see. Because that’s what creatives are constantly “The important thing, particularly with and the Jawoyn in Katherine and the Larrakia telling young artists like myself to do, to write Indigenous stories, is that it's really important here in Darwin supported it 100 per cent and the stuff that you want to see, especially if it’s to see that we're not a monolith. We're not they just knew that this film was going to The crisis in remote housing is too important not coming your way,” she said. just one, this community is very multifaceted, celebrate them and so they were just behind it 100 per cent.” “I’m extraordinarily proud of what I’ve done there's lots of intersections. So it's really and I can’t wait to do more. Our industry is important for that to be reflected, and it's In all places, there was important liaison to be play politics with important that we get more indigenous By MICHAEL GUNNER* quite a small one here in Australia, so I think with the local Aboriginal communities, the The Commonwealth has agreed to release the Territorians, particularly Aboriginal Territorians. it's really important that you do get involved writers out there to tell their own individual producing team ensuring that permits and stories.” money through a National Partnership Agreement Aboriginal people will be at the core of work and you do keep it moving, keep it running. approvals were granted to film and that due signed on 30 March. You don't keep it stagnant in one spot. respect was paid to the original owners of building the homes and reducing overcrowding Because if you wait for stories to happen the lands and the current residents of the We are getting on with our remote housing through the NT Government’s Local Decision they're not going to be the stories that you “I feel like a lot of Aboriginal communities. program because urgently fixing remote housing Making policy where a growing number of want. So you can be the one that empowers is crucial to protecting our most vulnerable Aboriginal communities are being empowered to women have their dreams and Producer Kate Croser worked with the communities and securing a safe and happy future control delivery of key services to their people. that.” Kakadu National Parks team and the Kakadu desires policed and I think that for all Territorians. The Territory’s four Aboriginal Land Councils She said she thought it was particularly locals. “It was a period of about six months The failure to ensure Aboriginal Territorians in will also participate in decisions of broad policy important for young Aboriginal women to this film gives them permission before the film shot, making regular trips, remote communities have a place to safely raise a and strategy for remote housing and will have a see themselves reflected in this movie. probably once or twice a month going up to family has been critical to social welfare, mental monitoring role in the program. to dream however big they want Kakadu, which from Adelaide took 24 hours “I feel like a lot of Aboriginal women have wellbeing and health outcomes. to get there and back just for one meeting. Already around 50 percent of the workers building their dreams and desires policed and I and to know the relationships, But it was really worth it because we really A remote housing crisis over previous decades and upgrading houses in our remote communities think that this film gives them permission to to know the career that they managed to show people how serious we has caused social dysfunction, poorer health and are Aboriginal. dream however big they want and to know were about showcasing the beauty of their education and deteriorating law and order with the relationships, to know the career that want.” We expect this to increase as our program ramps country and telling the story in a respectful serious long term repercussions across the whole they want and that’s the power of rom coms up in the coming years. way.” of the Territory. [romantic comedies], you feel really, really Filming ranged across locations including And more kids will get a proper education because great about yourself. You feel elated when Darwin, Kakadu National Park, Katherine, Director Wayne Blair said at the Palmerston Disadvantaged Territorians in Populations in these communities are increasing they will be coming from homes where they can you come out of it so I really hope that all the Nitmiluk National Park and the Tiwi Islands. Premiere that while it was challenging for remote communities will get more and the gap in housing needs will only get worse get a good night’s sleep and arrive at school fed Aboriginal girls who watch this feel great.” the production to shoot in remote locations over time unless drastic action is taken. and healthy. Miranda Tapsell said being back in the and to move such vast distances, filming on new and upgraded houses now that The first table read of the script in Adelaide In two-and-a-half years the NT Government has *Michael Gunner is Chief Minister of the Northern Territory Territory and warmly welcomed by Traditional traditional lands across the Northern Territory was when Tapsell truly felt the enormity of the Commonwealth has agreed to made remarkable progress building or upgrading Owners was a wonderful experience. makes the film both unique and authentic. what she had accomplished, getting the film release funding. 1,350 houses with many more planned or At the Palmerston premiere she told Land into production. “Everyone that was around “It’s a small Australian film but we shot 30 underway. Rights News: “It was incredibly special. So Nine months ago the Federal Government the table wanted to be there, all of them days in the Northern Territory and we started The Territory’s budget alone is insufficient to Stay up to date with NLC! many people were behind it. Everyone was promised $550 million to add to the Territory’s believed in this story. That was actually the in Adelaide. build the thousands of homes needed to improve willing to lend a helping hand. That was $1.1 billion remote housing program. first time that everyone heard it. Just to see chronic overcrowding. We need the Australian www.facebook.com/northernlandcouncil so great because it was such an ambitious “It was absolutely fantastic. The Territory is everyone believe in this young Aboriginal But Canberra put unacceptable conditions on Government’s support. film to make but I knew that we needed so such a key character to the film and so we did www.twitter.com/nlc bride going home to meet her family for delivery of the money that would have short- many people behind it and particularly the our homework. All the Traditional Owners The Commonwealth’s $550 contribution to our the first time was really heart-warming and changed Territorians. www.instagram.com/northernlandcouncil Tiwi community but I’m also so grateful that were so welcoming. It feels so special to be remote housing program will allow us to make special.” the Kaurna in Adelaide, the Mirarr in Kakadu here tonight.” Now there is good news. real and sustainable differences to the lives of 10 Land Rights News • Northern Edition April 2019 • www.nlc.org.au April 2019 • www.nlc.org.au Land Rights News • Northern Edition 11

Compensation awarded in Australian first

loss of ‘spiritual connection’ goes far beyond the concept of ‘loss of enjoyment of life’ from personal injury law, because, as the High Court recognised, Aboriginal spiritual connection is ‘a defining element in a view of life and living’. The court recognised that the loss of native title rights is different from any European concept of a loss of land, as it arises ‘under traditional laws and customs which owe their origins and nature to a different belief system’. The decision confirms that ‘the people, the ancestral sprits, the land and everything on it are organic parts of one indissoluble whole’. The Court adopted Mansfield J’s description of the claim group’s spiritual connection to country as ‘A single large painting – a single and coherent pattern of belief in relation to a far wider area of land’. The Ngarliwurru and Nungali peoples still possess native title or land rights over most of their country beyond the town, and, along with other peoples throughout the region, keep their culture strong. However, the High Court recognised that the extinguishment over blocks of land in Timber Creek has ‘punched holes’ in that painting, damaging the integrity of the cultural landscape. Thanks to masterful explanations of country and culture by many senior knowledge holders, particularly Mr A. Griffiths and Mr J. Jones who sadly passed on before this final outcome, the Griffiths decision recognises the interconnectedness of everything on country, rejecting a technical block-by-block interpretation. Recognising the strength of the Ngarliwurru and Nungali peoples’ culture reflects the strength of Indigenous cultures across Australia. Timber Creek mob at the High Court on 5 September 2019. The court also confirmed that the loss of native title is ‘permanent and intergenerational’, and that the loss of native title ‘had ongoing present day repercussions’. Timber Creek by Mr A Griffiths, which was used as evidence in the case. Published courtesy of the Estate of Mr A Griffiths and Waringarri Aboriginal Arts. Lorraine Jones, who has been an Applicant on the claim since it began, paid respects to her father and the other old people whose senior knowledge and leadership drove these claims throughout the last twenty years. “I really deeply By Cath McLeish* of the extinguishment. Previously, the trial judge, Mansfield wish that they were still around to see this outcome,” J, awarded 80% of the freehold value, and the Full Federal Lorraine told the ABC. “I wish they were here with us today Twenty years after the native title Court on appeal awarded 65%. The High Court held that to celebrate, the good news or the bad news.” Chris Griffiths, holders of Timber Creek – five the absence of rights to exclude others from the country or whose father gave his name to the case, said that although decide how the land may be used were important limitations the reduction in the economic valuation is disappointing, estate groups of the Ngarliwurru on the native title and its economic value. The decision does recognition of their spiritual connection was “what our old and Nungali peoples – filed their suggest, however, that exclusive native title elsewhere could people wanted”. “Our culture is still alive, our law is still in be valued equally to freehold. the land, our blood is still running in the country, our tears original native title claim, the High The second element is the interest on the economic loss, will fall on the land.” Court of Australia has awarded them from the dates of the extinguishing acts to the date of the It is possible that other native title holders can achieve compensation for the loss of native court award. The claim was for ‘compound’ interest, that is, higher compensation amounts where they have exclusive the higher interest rate that can be earned on investments, but native title, or where the area of extinguishment is a larger title rights over parts of the land within this was unsuccessful in all three courts, with the High Court portion of their country and cultural landscape, or perhaps the town area. confirming that ‘simple’ interest applied. Due to the 25 to 39 where the economic value or use of the land is greater than years since each extinguishing act, the rate of interest is a that in the small town of Timber Creek. This area of law has valuable component of the award, at $910,000. It is rare to a long way to develop, and will adapt to the range of unique The High Court decision in Northern Territory v Griffiths receive compound interest in the courts generally, but there cultures and circumstances around Australia. [2019] HCA 7 of 13 March 2019 comes eight years after could be other native title cases where it is achievable. the compensation claim was made in the Federal Court, and For reasons of time, cost and fair process, focus is already The third element is cultural loss – the effect on the claim treads a path for other groups around Australia to follow. turning to compensation negotiations, and to establishing group’s spiritual connection with the country. It is this a system that can support native title holders to access The Native Title Act 1993 (Cth) provides a clear right aspect of the decision that captures the unique strength compensation without spending twenty years in the courts. to compensation for ‘extinguishment’ of native title. of Ngarliwurru and Nungali culture, and guarantees that In the new era of treaty talk, Griffiths also contributes to Extinguishment is the loss of native title rights due to Australian law recognises the pain and suffering caused by national considerations of non-discrimination, dispossession, government acts acquiring country or granting it to extinguishing native title over parts of country. Although the and sovereignty. Traditional owners who cannot access post- another party. Australians’ right to compensation ‘on just claim group and the NT and Commonwealth governments 1975 native title compensation will certainly lead discussions terms’ for government acquisition of property has existed had agreed, early on, that the claim should include these on redress outside of the present native title system. in the Australian Constitution since 1901. However, the three elements, it is a fact of litigation that each side raises law currently only provides for compensation where the their strongest arguments against the other. To inform these developments, all around Australia, extinguishment occurred after 1975, since the passage of the governments, native title holders and other land users such In the High Court appeal, around forty native title holders Racial Discrimination Act 1975 (Cth) made it illegal to treat as mining companies are studying the Griffiths decision. listened in court as the governments’ lawyers argued that the any racial group less favourably than others. What they will find is binding legal recognition of the real extinguishment was not the direct cause of their sense of economic value of native title, as well as the unique cultural Until the Griffiths decision, it was not clear how native cultural loss and pain, analysing each town block separately. value of country. title holders could calculate the amount of compensation to The Northern Territory government argued that the cultural which they are entitled. Now, the High Court has expressed loss should only be worth 10% of the economic value of The NLC congratulates all native title holders of Timber some important principles, which other native title holder the parcels of land in the claim. However, in maintaining Creek, past, present and future for their achievement in groups can interpret for their own unique circumstances. Justice Mansfield’s award of $1.3 million, the High Court paving a way forward for others to follow. They can be looked at country more holistically, and awarded slightly proud that, together, they have won compensation on just The first of the three elements of the Timber Creek claim more for cultural loss ($1.23 million including interest) than terms for the current and future generations. is economic loss. The High Court, disappointingly, ruled for economic loss. that the non-exclusive native title in Timber Creek is only relative to 50% of the value of freehold (or privately owned) The High Court’s measure for compensation for cultural *Cath McLeish is a Senior Legal Advisor with the NLC land. This approach provides an award of $320,250 for loss is a ‘social judgement… of what, in the Australian (Victoria River District) and has assisted in this case since Timber Creek, measured according to land values at the time community, at this time… is appropriate, fair or just’. This 2017. 12 Land Rights News • Northern Edition April 2019 • www.nlc.org.au April 2019 • www.nlc.org.au Land Rights News • Northern Edition 13

site. it is considered to be the most prospective area • Petroleum companies will be required to for onshore petroleum development in the NT. Implementation of reforms to improve comply with section 41(6) of the Aboriginal Strategic Regional Environmental A framework is under development to guide the Land Rights (Northern Territory) Act 1976 implementation of studies related to SREBAs. when supplying information to Native Title Baseline Assessments Holders for the purposes of negotiating an The NLC is assisting Government to develop regulation of the onshore petroleum onshore petroleum exploration agreement. The Inquiry recommended that prior to any further the policy framework and guidance material for onshore petroleum production approvals being the social, cultural and economic aspects of the • Petroleum companies will be expected to use interpreters to ensure information is available granted, gaps in scientific knowledge about the SREBA, including with regard to how impact in a familiar form. current state of the environment (including the assessments are conducted. As work related to the natural, social, cultural and economic aspects development of the SREBA and processes around industry in the NT • The government has committed to working together with Land Councils to develop of environment) be addressed through Strategic impact assessments continues to progress, further information programs and to undertake a Regional Environmental Baseline Assessments information about this will be communicated via Strategic Regional Social Impact Assessment (SREBAs). The work being implemented under the NT Government’s hydraulic fracturing website (SIA) prior to any production approvals. the auspices of NTRRAC will form part of the (www.hydraulicfracturing.nt.gov.au) and featured of years, broadly these reforms are separated into The NTRRAC is currently overseeing two projects SREBA. in future editions of the Land Rights News. On 17 April 2018, the NT Government • Aboriginal communities and traditional those being implemented immediately to enable related to the Strategic Regional Environmental Aboriginal owners will be involved in The Inquiry’s Final Report recommended that any accepted all 135 recommendations exploration activities to proceed in 2019 and those Baseline Assessment (SREBA) component of the the design and development of cultural areas of the NT proposed for gas development being deferred which are principally aimed at fracking reforms. These projects are: assessment and implementation planning – of the Final Report from the Scientific this includes consultation in relation to both must have a SREBA study in place prior to facilitating the production of additional onshore • Baseline measurement and monitoring of production approvals being granted. The current gas reserves in the NT. The Plan states that its the Native Title Act 1993 and the Aboriginal Inquiry into Hydraulic Fracturing methane emissions in the Beetaloo sub-basin; Land Rights (Northern Territory) Act 1976 as focus area for a SREBA is the Beetaloo sub-basin aim is to strengthen regulation, ensure industry is and detailed in the Inquiry’s Final Report. located in the Daly Waters region of the NT, as (fracking) in the Northern Territory (the accountable for its practices, safeguard water and Inquiry) and lifted the moratorium on the environment, respect community and culture, • Baseline assessment of groundwater maximise the benefits and opportunities available characteristics in the Beetaloo sub-basin. hydraulic fracturing in the NT. to local businesses and communities, and ensure planning for future development. The Inquiry determined that, provided all The NLC has persuaded the NTRRAC to adopt recommendations in the Final Report are adopted There are six areas of reform outlined in the the practice of engaging local Aboriginal people and implemented in full, the environmental, social, Implementation Plan: with knowledge of country to participate in the health, cultural and economic risks associated with 1. Strengthening Regulation program in their capacity as Cultural Monitors to the fracking of onshore shale reservoirs could be history of compliance with the Petroleum in both the Government and the petroleum 2. Ensuring Accountable Industry Practice ensure that sacred sites are protected and researches reduced to an acceptable level. don’t inadvertently enter into these sites or other Petroleum Legislation Act and any other relevant legislation both industry and a lack of confidence in the 3. Safeguarding Water and the Environment The NLC provided a number of submissions to culturally sensitive areas when conducting domestically and overseas. current regulatory framework to adequately the Inquiry (these and other submissions are 4. Respecting Community and Culture research fieldwork. People working as cultural Amendment Bill 2018 That failure to disclose a matter upon manage the multitude of risks associated publicly available via the Inquiry’s website: 5. Maximising Regional Benefits and Local monitors are paid for their time via the NLC. This request relevant to the determination of with the development of an onshore shale www.frackinginquiry.nt.gov.au/submission- Opportunities program is considered mutually beneficial as it On 29 November 2018, the Northern whether an applicant is a fit and proper gas industry in the Northern Territory. library). Through its submissions the NLC 6. Planning for Industry facilitates the direct engagement and participation person will result in civil and/or criminal Regulatory reform is critical to restoring trust highlighted the need for significant reform related of Aboriginal people in the reform program and Territory Government introduced sanctions under the Petroleum Act. That and faith in industry and Government and to the regulation, accountability and oversight provides a strong safeguard to protect sacred sites the Petroleum Legislation the Minister’s reasons for determining protecting humans and the environment. of the onshore petroleum sector in the NT. The The Plan can be viewed and downloaded via the and other culturally sensitive areas. whether or not the applicant is a fit and It is important to get it right. In this respect, NLC further advocated for the need to ensure following website: www.hydraulicfracturing. Amendment Bill 2018 to Parliament Having Cultural Monitors accompany researchers proper person be published online. while we are largely supportive of the Aboriginal people are appropriately consulted nt.gov.au/implementation-plan on country is also a way for these projects to as part of its plan to implement proposed amendments to the Petroleum Act with and afforded every opportunity to effectively Recommendation 14.18 acknowledge the importance of traditional all 135 recommendations of the and Petroleum Regulations, we are troubled participate in implementation of the proposed Aboriginal knowledge and to show respect to by the piecemeal approach being undertaken reforms and in the planning and economic the traditional owners and custodians of sacred Independent Scientific Inquiry into That prior to the grant of any further Onshore Shale Gas Community and in relation to regulatory reform. development of the onshore petroleum industry. Business Reference Group sites located over the research areas and to gain Hydraulic Fracturing. exploration approvals, the Government The NT Government is currently in the process a better understanding of the landscape from the develops and implements enforceable The Bill only partially implements three of perspective of Aboriginal people. Undertaking codes of practice with minimum prescriptive the Recommendations and the Explanatory of implementing the reforms recommended by The Northern Land Council (NLC) and The NLC is a member of the Onshore Shale fieldwork in a participatory manner also enables standards and requirements in relation to Statement does not provide any reason as the Inquiry. NLC welcomes the NT Government’s Gas Community and Business Reference Group Central Land Council (CLC) provided a joint commitment to reform regulation of the onshore Aboriginal people to gain knowledge about the all exploration and production activities, to why a staged approach to the reforms (Reference Group), which provides direct scientific investigations being undertaken and why submission to the Economic Policy Scrutiny including but not limited to, land clearing, is preferred. It does also not explain why petroleum sector. The NLC is actively engaging feedback and advice to the Hydraulic Fracturing Committee in response to the Petroleum in the reform program through commenting on it is important to understand the current ‘baseline’ seismic surveys, well construction, drilling, amendments to the Petroleum Regulations Inquiry Implementation Taskforce that sits within conditions of the environment in these areas prior Legislation Amendment Bill 2018. hydraulic fracturing and decommissioning that came into force at 19 December 2018 proposed amendments to relevant legislation, the Department of the Chief Minister. direct engagement with government, industry and to possible petroleum production activities being The Bill introduces proposed amendments and abandonment. were not the subject of this Bill. There is a risk The purpose of the Reference Group is to provide: authorised to proceed. to the Petroleum Act and Petroleum that substantive reform won’t be achieved by participating in the Community & Business Recommendation 14.23 Reference Group, the Northern Territory Regional • Advice to the Northern Territory Government Regulation, which we have identified will and the Government’s ability to deliver Research Advisory Committee and various on the implementation plan and its subsequent partially implement Recommendations 14.12 the Implementation Plan in full may be That prior to the grant of any further workshops and other forums. Implementation of execution to ensure that the plan aligns with and 14.23 of the Final Report. compromised if legislative amendments and Ensuring Respectful Consultation, exploration approvals, the Petroleum Act the government’s reform program is still in its community and industry expectations; other critical reforms continue to be made on and Petroleum Environment Regulations early stages and much more work is required to • A forum to share information and provide Information and Negotiation The amendments also pave the way for the an ad hoc basis. be amended to allow open standing to ensure all of the Inquiry’s recommendations are opportunities for cooperation, and implementation of Recommendation 14.18 challenge administrative decisions made Our comments on the Bill largely relate to implemented in full. collaboration with key stakeholders and the In line with several recommendations submitted of the Final Report. community; and by the NLC, the government has recently under these enactments. the provisions providing for an appropriate person test. While the proposed changes Implementation Plan • A medium through which key stakeholders communicated the following initiatives in relation Those recommendations are: can communicate their views about the to consultation and engagement of Aboriginal will put the Northern Territory ahead of many Recommendation 14.12 The NLC and CLC continue to welcome other jurisdictions, further amendments are In response to the recommendations presented in implementation framework and its subsequent people in the context of onshore petroleum execution directly to the Government. the reform process being undertaken by required to ensure that Recommendation the Final Report of the Inquiry the NT Government exploration and development in the NT. That the Minister must not grant any the Government to implement the suite of 14.12 is fully implemented. has released an ‘Implementation Plan’ (the Plan). • Petroleum companies will have to obtain an further exploration permits unless satisfied Recommendations presented in the Final The Plan describes the process by which the Authority Certificate from the Aboriginal The full submission can be read at www.nlc. that the applicant (including any related Report of the Inquiry. The NLC and CLC Government proposes to implement all of the Northern Territory Regional Research Areas Protection Authority (AAPA) before org.au they undertake specific activities on-country. entity) is a fit and proper person, taking are pleased to be part of this process and Inquiry’s recommendations. According to the Plan Advisory Committee (NTRRAC) into account, among other things, the these reforms will be implemented over a number • The Government will adopt processes to comment on the Bill. One of the key issues protect the sub-surface features of a sacred applicant’s environmental history and identified in the Final Report was a lack of trust 14 Land Rights News • Northern Edition April 2019 • www.nlc.org.au April 2019 • www.nlc.org.au Land Rights News • Northern Edition 15

Key Aspirations valuable role in helping Traditional Owners Wind Fisheries Management Committee, look after country through work such as site a grassroots advocacy group. Traditional protection, coastal surveillance, ecological Owners are seeking a restructure of fisheries SEA COUNTRY PLANNING FINALISED FOR Marranbala Committee research and monitoring and bio-security. to accommodate local and regional fisheries The first priority of the Marra Sea Country Many of the Indigenous ranger groups are management, including resting the area from Access and Use Plan is to establish and develop working in IPAs. non-local commercial fishing operations in the capacity of a Marranbala Land and Sea The Plan outlines aspirations to establish their waters. PILOT AREAS Management Committee. The Committee a Marranbala Ranger Group, and locate it will oversee the Plan’s implementation and on Marra Country, to help manage country, Develop Fisheries Governance Systems help advise on economic opportunities. including implementing the relevant Traditional Owners aspire to integrate local strategies of their Plan. fishing industry representation through the Indigenous Protected Areas North Wind Fisheries Committee, to have a Indigenous Protected Areas (IPAs) are supported role in NT fisheries management. places dedicated voluntarily by Traditional Maningrida Sea Country The Bawinanga Rangers will continue to have Owners for the conservation of cultural and an active role in protecting and managing biodiversity resources. They’re recognised by Access and Use Plan their tidal waters and broader sea country. the Australian Government as an important The rangers will need extra resources to part of the National Reserve System, The Maningrida Sea Country Access and effectively manage this coastline into the protecting Australia’s biodiversity for the Use Plan covers the intertidal areas from Arla future. benefit of all Australians. There are numerous (Cuthbert Point) in the west to Wayal (Cape IPAs across the coastal and marine areas of Stewart) in the east. It includes tidal sections Indigenous Commercial Fishing the Northern Territory. of the Blyth, Liverpool and Goomadeer rivers Industry and associated creeks. Traditional Owners of The Marra Sea Country plan outlines The local Aboriginal Coastal Licence holders this region come from nearly 50 clan groups Traditional Owner aspirations for a multi- are leading the way in local commercial associated with the coastal region of Junction tenure IPA to be established over the land fishing. They are building business skills, Bay and Boucaut Bay of the Arafura Sea. trust, Limmen National Park, Limmen Bight operating a fish processing facility as well as Marine Park and Limmen Marine Reserve. If Discussions and planning took place over a commercial crab licence. The Traditional this happens, Traditional Owners will develop three weeks of consultation with all affected Owners want this developing industry to a comprehensive management plan covering clan groups. be properly resourced to expand their all the areas. operations. They are also interested in owning Key Aspirations commercial barramundi licences and want to Marranbala Ranger Group see an expansion in the Aboriginal Coastal There are many Indigenous ranger groups The Plan establishes aspirations to support Licence to include commercial species. and develop local Indigenous fishing across the Northern Territory coastal The Blue Mud Bay Sea Country Plan is operations in Maningrida. Traditional Owners environments. These groups perform a expected to be finalised in June 2019. recognise they have the locally formed North Sea Country near Maningrida, West Arnhem Land. Traditional Owners from Limmen intertidal zone. the establishment of the Marranbala Land The Blue Mud Bay decision recognised and Sea Management Committee to make Bight and Maningrida have Traditional Aboriginal Owner groups have future decisions; establishing an Indigenous exclusive access rights to 84%, or 6,050 km, Protected Area over the Marra Land Trust as 2019 NLC developed sea country plans to of the Northern Territory coastline. well as the two government marine parks off the Limmen coast; and setting up the guide the management of tidal This is first time Traditional Owners have Marranbala Ranger Group. begun to articulate their interests in sea Full Council waters and aspirations for sea country using a ground-up approach. The The Planning committee made up of country. issues raised in the Plans are helping inform representatives from the four clan groups met current negotiations with the Northern over 6 days, followed by a final consultation Nomination and Territory Government and key parties around meeting. The two plans form part of three pilot projects permanent settlement of the Blue Mud Bay “We’ve actively managed our country across coastal waters in Arnhem Land. decision. according to custodial responsibilities for Elections The third Plan for Blue Mud Bay has been thousands of years,” the Plan says. “These drafted and is awaiting final consultations The Plans will help ensure Traditional Owners responsibilities are about respecting country, Who should represent you & your with Traditional Owners. Each pilot defines not only have a strong voice in strategic passing on knowledge and looking after our future permit zones for recreational fishing in decision-making regarding NT coastal and Dreamings (ancestral pathways), songlines, community on the NLC? Would you like to intertidal waters, which will be active under fisheries issues, but they also set the agenda sacred sites, our laws, resources, our kinship a new permit system, and outlines specific and maintain a position which ensures and social relationships with each other be a Council Member? aspirations for management of the intertidal aspirations can be met. and with everything on country. These zone and beyond. responsibilities cover all of country and We need good leaders to represent your community area – men, women The Plans give effect to the intent of the Marra Sea Country we continue to have these responsibilities Aboriginal Land Rights Act, as confirmed today.” and young people can nominate. The new term is from November 2019 by the Blue Mud Bay case, for Traditional “It will mainly be implemented by us and our Owners to manage tidal waters. Access and Use Plan organisations (existing and proposed), with to November 2022. In 2008, the High Court of Australia The Marra Sea Country Access and Use plan support from partners. confirmed the rights of Aboriginal people sets out the aspirations of the Mambali, “It’s our intention that much of this Plan will own and control access to tidal waters over Notices will be sent to your community, to your current Council Members Mururnungun, Budal Riley and Guyal clans be implemented by our own rangers.” their lands in what is commonly referred to for management of the intertidal zone and and local corporations soon and nominations will be called for from July as the ‘Blue Mud Bay case’. Prior to then, the sea country. Northern Territory Government had sought 2019. For more information please call NLC on 89205111. to control access to the Aboriginal-owned The main aspirations of the Plan include 16 Land Rights News • Northern Edition April 2019 • www.nlc.org.au April 2019 • www.nlc.org.au Land Rights News • Northern Edition 17

Access to the intertidal zone Open access agreements are in place in the sites. Wadeye and Moyle River area, for parts of Please refer to the NLC website, www.nlc. the Daly River, the Anson Bay area, around org.au, or http://www.fishing.nt.gov.au/ For more than 20 years, the NLC has been Nhulunbuy, and the lower McArthur River New NLC permit system: a stronger working with Traditional Owners to improve agreements.html for maps and further details. and Sir Edward Pellew Islands in the Gulf of their rights and interest in looking after their Carpentaria. There is also permit free access The agreements were negotiated by the sea country. in various locations in and around Bynoe NT Government with Traditional Owners In 2008, the High Court of Australia – in a Harbour near Darwin. in the coastal areas with high incidence of system for a stronger country fishing activity. Overall, Traditional Owners landmark case referred to as Blue Mud The Northern Territory Government Bay – reconfirmed that the intertidal zone feel that these agreements don’t allow them negotiated open access agreements with to participate in decisions about access or is ‘Aboriginal land’ where it falls within the Traditional Owners for coastal areas with a boundaries of a coastal Aboriginal land trust, management of their sea country, which goes high incidence of fishing activity. Currently, beyond the low tide water mark. even when tidal waters periodically cover permit-free recreational fishing access is the terrestrial surface of the grant; and that permitted for: Traditional Owners have exclusive access Where can’t the public access? rights to ‘Aboriginal land’. Up until then, NT 1. Malak Malak (Daly River area) – possession limits apply and the area is closed between No fishing access for the public is permitted Fisheries had sought to control access to at: fishing in the intertidal zone. 1 October and 31 January. The Daly River mouth region consists of the coastline 1. Sacred sites or within 100m of sacred sites The Blue Mud Bay determination is to the boundary of Mabaluk land within 2. Cape Scott, within the Daly River Port significant considering the size of the NT the Daly River/Port Keats Aboriginal Land Keats Aboriginal Land Trust coastline: 5,100 km on the mainland, with Trust. offshore islands contributing a further 2,100 3. Upper Finniss River, within the Delissaville 2. Yanyuwa (Sir Edward Pellew islands area km. The Blue Mud Bay decision recognised Wagait Larrakia Aboriginal Land Trust Traditional Aboriginal Owner groups have and McArthur River) 4. Closed seas in the Milingimbi, Crocodile exclusive access rights to 84%, or 6,050 km, 3. Anson Bay area Island and Glyde River area of the Northern Territory coastline. 4. Dhimurru (Nhulunbuy area) 5. Closed seas in the Castlereagh Bay and Even though this significant right was granted 5. Thamarrurr (Wadeye/Moyle River area) – Howard Island area in 2008, intertidal access arrangements have intertidal waters from Dooley Point to a not yet been resolved. 6. Intertidal zone of Ida Bay, Knife Island and point south of the Old Mission including Crocodile Island on the Cox Peninsula the tidal area of Docherty Island. Negotiations on the intertidal zone area 6. Roche Reef, Middle Reef, Simms Reef, 7. Private lease areas User groups, including recreational and Charles Point and Talc Head during high commercial fishers, have enjoyed permit- tide only (Cox Peninsula) The new NLC permit system will provide clear he Northern Land Council (NLC) is Since the enactment of the Aboriginal For everyone free open access to Aboriginal-owned tidal maps on access and the conditions of access. 7. Grose Island, Bee Eater Island, Turtle developing a new and easy-to-use Land Rights Act and the Native Title Act, waters since the 2008 Blue Mud Bay High These maps will be updated as conditions The permit system will be a central database Island, Quail Island, Dum-in-mirre Island, permit system that will better protect approximately 50 per cent of land in the Court decision via various agreements and change. of permit information, so NLC and Traditional Bare Sand Island, Indian Island and Aboriginal rights and interests and Northern Territory has become Aboriginal- waivers. The current waiver is in place until Owners can track trends in visitor numbers, residual coastline of the Cox Peninsula, Tclearly inform visitors about the conditions of owned, including approximately 85 per cent 28 June 2019. compliance hotspots and feedback. entry to Aboriginal land. of the Territory’s coastline. except private lease areas and sacred Negotiations are currently taking place to Aboriginal land is private land held by an Asking for permission prior to visiting is the Timeline for the new permit system reach a permanent and comprehensive Aboriginal Land Trust for the benefit of right and respectful way to access Aboriginal settlement of Blue Mud Bay. At the NLC Full Traditional Owners. Traditional Aboriginal land. Visitors to Aboriginal land need to The permit system will be rolled out in the Council Meeting, scheduled for June 2019, owners have the legal right to decide who understand and accept the legal requirements third quarter of 2019. The current permit the current waiver will be considered for comes onto their land. when seeking permission to visit Aboriginal system will continue in parallel as the new extension pending satisfactory progress of system is tested. If you would like to know While a permit system has been in place for land, and abide by the conditions of entry. the negotiations to permanently settle Blue more about permit reform, email permit. Mud Bay. many years, our constituents and the public [email protected]. have been calling for improvements to the Benefits of the new permit system The representatives of user groups include current system for some time. For Traditional Owners Appling for a Permit the NT Seafood Council, the Amateur Fishermen’s Association of the Northern The new permit system will: • Better oversight of visitors to Aboriginal Visitors can continue to apply for a permit Territory and Fishing Tour Operators. land and better control in accordance online, over the phone or over the counter. • Regulate access to traditional lands and with the needs of Traditional Owners; streamline administration; NLC can be contacted via email permits@nlc. Where can the public fish on • Ability to better monitor incidents and org.au, or at one of the following NLC offices Aboriginal land? • Ensure visitors understand their breaches by permit holders; and Mon–Fri between 8:30am and 4:30pm: obligations under law and are safe and • Regular, comprehensive reports and Due to the permit waiver, visitors can access informed while visiting Aboriginal land; • Darwin (Head Office): 45 Mitchell Street, and fish Aboriginal intertidal waters in the insights about visitors and the reasons for Darwin, Phone: 08 8920 5100 • Protect and promote Aboriginal rights, their visit. Northern Land Council region (the waiver • Katherine: Lot 5/29 Katherine Terrace, interests and culture, and promote mutual does not apply to the Tiwi or Anindilyakwa For visitors Katherine, Phone: 08 8971 9899 respect between Traditional Owners and regions or closed seas). Visitors need to visitors; and • A streamlined process and a transparent • East Arnhem: Endeavour Square, remember that permit free access is only and responsive permit system; Nhulunbuy, Phone: 08 8986 8500 granted for the intertidal waters. A permit is • Record who is on Aboriginal land, who is • West Arnhem: 3 Government Building still required if intending to come ashore or coming, and clearly state what can and • Access to information and advice about Flinders Street, Jabiru, Phone: 08 8938 otherwise access Aboriginal land. can’t be done. Aboriginal culture, communities and land for an enjoyable visit that respects 3000 Since 2011, long-term open access Aboriginal Land Act (NT) 1978 Under the , the Aboriginal traditions; and Standard permits take up to 10 days to agreements have been negotiated to NLC administers the permit system for most process, complex applications may take provide permit-free access to recreational • Clarity about where a permit holder can of the Aboriginal land in the Top End of the longer to process as NLC will have to consult and commercial fishers for certain Aboriginal- go and what they can do when visiting Northern Territory. with numerous Traditional Aboriginal Owners. owned intertidal areas in the Northern Aboriginal land. Territory. Numbulwar Numburindi rangers: Adam Manggurra, Rheehan Ngalmi and Clive Nunggarrgalu on the SEAL IPA. 18 Land Rights News • Northern Edition April 2019 • www.nlc.org.au April 2019 • www.nlc.org.au Land Rights News • Northern Edition 19

FEDERAL ELECTION 18 MAY 2019 FEDERAL ELECTION 18 MAY 2019 WE’RE The CLP will deliver for Aboriginal people LABOR’S COMMITMENT TO NT LAND COUNCILS By Jacinta Nampijinpa Price* to deliver for all Aboriginal communities taking control By Senator for Western Australia Patrick Dodson, Member for Lingiari the Hon Warren Snowdon MP and Senator for the Northern Territory communities across the through community held Malarndirri McCarthy hank you to all Aboriginal Northern Land Council region township leases. WAKING UP Shorten Labor Government will work in partnership They congratulated the new Chair and Deputy Chair policies to make a difference. These include: people across the Top End T from Wadeye to Nhulunbuy and with Aboriginal and Torres Strait Islanders in a renewed of the CLC, Sammy Wilson and Barbara Shaw, and who have welcomed me into We are investing in record A • Abolishing the discriminatory and punitive CDP and Borroloola to Maningrida. push to bring justice, fair treatment and a strong local and pledged a Shorten Labor Government will work closely funding into Indigenous Rangers working with First Nations peoples to replace it with a their homes and communities regional voice to First Nations people, especially in the Top and cooperatively with the four Northern Territory Land While Michael Gunner and and have nearly doubled the new program that has an absolute focus on community over the last year. I am excited End. Councils. LAND RIGHTS Territory Labor continue to cut number of rangers since we development. to be running for Lingiari By Nigel Scullion* The Member for Lingiari Warren Snowdon, Shadow “It was a Labor Government that introduced legislation for to become the first ever services in the bush and spend have been in government. • Record investments in education. Assistant Minister for Indigenous Affairs and Aboriginal land rights in the NT, and a Shorten Labor Government will ver the last five years in Government, I have been your money in Darwin, the Aboriginal and first woman and Torres Strait Islanders Senator Patrick Dodson and continue to work closely with the Land Councils should we • Doubling the number of fulltime Indigenous Ranger Ounrelenting in my aim to unlock Aboriginal Land. to represent you in Federal CLP continues to invest record amounts in health, education, *Jacinta Nampijinpa Price is the Northern Territory Senator Malarndirri McCarthy met with be elected in May,” said Senator Dodson. positions over the next five years. I’ve sat down with Traditional Owners from across the Parliament. I believe it is the Central Land Council at Yulara Pulka last week. CLP candidate for Lingiari. “Here in the Uluru Kata Tjuta National park, we have • Establishing a Makarrata Commission for agreement- Northern Land Council region to understand what works roads, mobile phone coverage time we had more Aboriginal committed to delivering on the Uluru Statement from the making and truth-telling. for them. and internet services for women in the Parliament and Heart in a consultative manner that respects the roles of remote communities across the • Delivering justice and compensation for the remaining I have heard the message that we have to unlock the it is time for a change for the Land Councils in shaping the future for generations of Territory. survivors of the Stolen Generations, by establishing potential of land rights. That we can’t improve the social Lingiari. traditional owners in the NT. Under Labor, there will be a compensation scheme for members of the Stolen and economic outcomes for our communities without title a Voice to the Parliament, and it will be recognised in the We have fast tracked the Generations in Commonwealth jurisdictions and to our greatest asset, our land. Firstly, can I congratulate Constitution. Marion Scrymgour on her land claims process and I am committing $10 million to healing programs. And we have achieved a lot together. confident that these will be “A re-elected Morrison Government will not deliver on this appointment as CEO and I • Convening a National Summit on First Nations Children commitment.” With the support of the Australian Government, the also thank Chairman Sammy finalised very soon after the in the first 100 days of government, bringing experts Northern Land Council and Gumatj traditional owners Bush-Blanasi for his ongoing election. “A Shorten Labor Government has committed to abolishing and governments together to determine solutions to the have finalised a 99 year township lease for Gunyangara. and strong advocacy on behalf We have championed Township the harmful poverty trap of the current Community unacceptably high rate of Indigenous children being Development Program and replacing it with a new program removed from the care of their families. Township leases allow traditional owners to make their of all NLC communities. Leasing – and in contrast geared to the rights, interests and concerns of Aboriginal own decision about their land. And I have supported Over the course of the campaign, Labor will announce The CLP has a strong plan to Territory Labor we have communities in the Northern Territory,” said Mr Snowdon. community organisations to hold township leases supported local Aboriginal our full suite of policies that delivers on our commitment themselves. “Only a Labor Government recognises and supports the to ensure that First Nations peoples are equal and active rights of traditional owners in Northern and Central Australia partners in determining the priorities and decisions which The Gunyangara arrangement is the first example of how to be true partners in the development of Northern Australia, affect their lives. a local Aboriginal corporation can hold and administer a in keeping with their rights and status as land owners in the township lease. It is an important step in the Government’s Most importantly – unlike the Liberals – Labor is committed Northern Territory,” said Senator McCarthy. commitment to community led land reform. to working in a meaningful and respectful partnership with After six years in which the Liberals have sidelined the First Nations to build the Territory and to build the future. In Parliament, we’ve also passed changes to the Aboriginal voices of Aboriginal people, slashed funding for community- Land Rights (Northern Territory) Act 1976. The changes controlled services and failed to deliver on the Closing the in the Act has enabled the grant of more than 973,000 Senator Patrick Dodson, Senator Malarndirri McCarthy, Gap Framework, Labor has put forward a series of positive hectares of land in the Northern Territory as Aboriginal Labor leader Bill Shorton and member for Lingiari the Hon Warren Snowdon MP. land. Five long-standing Aboriginal land claims and a native title settlement can be finalised by these changes. This will affect parcels of land in the Kakadu, Roper River and Anthony Lagoon regions Northern Territory. We made this commitment at the last election, and we’ve kept our word. LABOR WILL ABOLISH THE FAILED COMMUNITY We are providing additional resources, an extra $1 million to the Office of the Aboriginal Land Commissioner to work with Land Councils and local stakeholders to drive this work. Over the next four years, they will expedite the DEVELOPMENT PROGRAMME finalisation of the 41 unresolved land claims across the By Senator Malarndirri McCarthy, Senator for the Northern Ms Watson also said job seekers were threatened with Territory. Territory breaches despite not being provided with the safety The Northern Land Council represents 39 of the claimants. equipment. We’ve boosted the Land Council’s annual operational At the 2018 Labor Conference in “We did have one incident where a worker had thongs funding in recent years to perform the statutory functions on, shorts, no safety gear whatsoever and he asked for related to land claims, including for additional legal and Adelaide, Senator Patrick Dodson glasses gloves and shoes and the job service provider anthropology staff. announced that a Shorten Labor has responded with: ‘We’re not obligated to provide And we’ve provided an additional $7.5 million to aid Government will abolish the failed that’,” she said. the settlement of claims over intertidal zones and the “When he refused to do the activity he was then beds/banks of rivers and ensure any fishing industry and Community Development Program threatened with: ‘Well we’ll just breach you for eight pastoralist concerns on access are addressed. (CDP). weeks’, so he ended up doing the activity with no safety We want to ensure more Traditional Owners are recognised equipment.” as the rightful owners of their land. CDP has failed to create real jobs or economic Three separate reports in the last 18 months show that CDP is To date, almost 50 per cent of the Northern Territory land opportunities in remote areas, in fact, less than one per a failed Government program and in many cases leaves First cent job growth has been recorded under this program. mass has been granted as Aboriginal land. Nations people worse off. A Senate Inquiry report in 2017, Across Australia, native title claims have been finalised a report from the ANAO in 2018 and a Federal Government Federal Labor will replace the failed Community over approximately 35 per cent of land. report in 2019 all show the CDP program is causing harm to Development Program with a program that has been families and communities. co-designed with First Nations people. Labor will I acknowledge the work of the Northern Land Council ensure a remote jobs program will create jobs, will in progressing long standing claims and the ongoing In these reports we heard from participants who have been meet the needs of the community and will deliver aspirations and effort from the traditional owners of the breached and left without an income for up to 8 weeks. We meaningful training and economic development, and land. also heard from participants who have been forced to work proper working conditions. under unsafe conditions, without the right safety equipment. Together, we are waking up land rights. And we will all In January Minister Scullion announced ‘reforms’ to see the economic and social benefits that flow through as Lara Watson from the ACTU said participants were being CDP. These reforms are simply tinkering around the a result. forced to work in these unsafe conditions. “A gentleman edges that have caused confusion and frustration with nearly lost three fingers because he was operating a drop *Nigel Scullion has been the Federal Minister for providers and participants alike. Minister Scullion and saw…they’re not being provided with health and safety his colleagues think that CDP is a great success story. Indigenous Affairs. He is not recontesting the next equipment to do the work they’re being asked to do.” election. This could not be further from the truth. 20 Land Rights News • Northern Edition April 2019 • www.nlc.org.au April 2019 • www.nlc.org.au Land Rights News • Northern Edition 21

PREPARING FOR TAKE-OFF IN THE NT Early discussions commenced in Launching commercial rockets the region in 2015, with a Project in East Arnhem Land is one Facilitation Agreement signed by step closer as Equatorial local groups in 2016. That same year, NASA experts visited the Launch Australia’s (ELA) key region to talk about best practice and Australian customer, Black how the area could work for reliable Sky Aerospace, successfully scientific launches going forward. NASA has since released two annual launched the country’s first reports noting the opportunity for commercial rocket from a site the East Arnhem site to facilitate in outback Queensland on sounding rocket launches for their scientific and education related Wednesday 21 November missions. 2018. In 2017, the Northern Land Council commenced formal consultation n the historic rocket’s in the community, eventually nose cone was a painting completing a process that resulted Oby Yolngu artist Dorothy in approval of the Section 19 lease Djakangu Yunupingu, the sister of agreement that enabled the Gumatj Gumatj Corporation deputy chair, Corporation to sublease 60 hectares Djawa Yunupingu. The painting to ELA for use as a commercial rocket entitled Djulpan tells the story of launching facility. The Minister for the seven sisters – the constellation Indigenous Affairs, Nigel Scullion, of Djulpan, or Pleiades. The sisters gave his consent. appear at certain times of the year, an indication that the season is right The process of developing the for gathering food. Arnhem Space Centre involves continued discussion with ranger At the launch, Mr Yunupingu spoke groups about land care and how the ELA CEO Carley Scott, Gumatj Elder Djawa Yununpingu and Black Sky Aerospace about Yolngu culture and its link project will progress including the Founder Blake Nikolic. © LJM Photography to the stars. He also helped launch planning of launch corridors and Last year’s launch by Black Sky Establishing the Arnhem Space small model rockets made of plastic landing areas to ensure that local Aerospace demonstrates the Centre is the next step. It is a huge bottles to demonstrate how young sites of significance are respected. people can start learning about rocket commercial focus for the Arnhem effort for a very small team and the science at school in every corner of The site and business can start very Space Centre. CEO of Equatorial community, coming together to see Australia, including in East Arnhem small, using an area the size of a Launch Australia, Miss Carley the development of Australia’s first Land. football field, three concrete pads the Scott, said at the historic launch: commercial spaceport right here in size of a house block each, and a few “Everyone involved in the space the Territory. The Arnhem Space Mr Yunupingu said he was proud dongas as the main infrastructure in story in Australia can share in Black Centre will provide the nation and to represent Traditional Owners at place. Sky Aerospace’s success.” region with a tremendous point of the historic Black Sky Aerospace pride that is made stronger through launch and had been involved in Noise from rockets is like a clap of work to continue linking industry consultations about the proposed thunder, reducing quickly after take “The Arnhem with the community into the future” Arnhem Space Centre in East off and as you get further away from Space Centre is an the launch site. she said. Arnhem Land since the early exciting opportunity discussions. The safety protocols are very strict The NT Government also recognises the emerging space industry as one “The Arnhem Space Centre is an for each launch to protect people for Gumatj and it of Australia’s most dynamic sectors exciting opportunity for Gumatj and the environment. There can’t opens the door for for growth. Corporation and it opens the door for be more than a 1 in 10 million new opportunities new opportunities for Yolngu on our chance of an impact with humans, NT Chief Minister Michael Gunner country. Gumatj Corporation and and the environment must be cared for Yolngu on our said: “Black Sky Aerospace’s launch Equatorial Launch Australia would for in alignment with national country.” is a great example of business, like to acknowledge the Northern environmental protocol. ELA will industry and government working Land Council for their guidance, take this one step further by working together to grow a new and exciting “The recent launch out of Queensland hard work, and approval of a lease with Gumatj Corporation and ranger industry in Australia. groups around planning for recovery was a unique opportunity to showcase that supports this opportunity for the “We now look forward to another of rockets and payloads after they what can be done in Australia and region,” Mr Yunupingu said. commercial launch by Black Sky have launched. was a collaborative effort between ELA is taking considered steps a truly international community of Aerospace, right here in the Territory toward making rocket launching The benefits of the project are broad. like-minded and skilled experts in in 2019.” For the local community, these are a reality in East Arnhem Land, the space industry.” Together with traditional owners developing Australia’s first forecast to include engagement “We are very proud of Black in the region, the project is taking commercial spaceport with support during construction, through to site Sky’s success and look forward to reasonable steps toward providing from the Gumatj Corporation, maintenance and new opportunities continuing our relationship with key another opportunity for jobs, Developing East Arnhem Limited in tourism, education, new customers and the community as we inspiration, and continued stories of and the Northern Territory technologies such as 3D printing and progress the Arnhem Space Centre” the stars. Government. drone flight. she said. 22 Land Rights News • Northern Edition April 2019 • www.nlc.org.au April 2019 • www.nlc.org.au Land Rights News • Northern Edition 23

COMMUNITY DEVELOPMENT GOES FROM SUCCESS FOR BULGUL RANGERS Congratulations to Victor Moffatt, Theresa Burr Burr, and Linda Moffatt who were recruited that STRENGTH TO STRENGTH day, and Charlene Moreen and Bernie Lewis who have joined Bulgul rangers as casual workers. The new team has seen an increase in the number of female rangers with four males and three females now making up the ranger group. As there is only one original member from the previous Ranger group, the rangers are working hard to up skill their new recruits with intensive skill based training. With funding support from Workforce NT (Department of Trade, Business and Innovation) through the Aboriginal Responsive Skilling Grant (ARSG) the Ranger Group has been able to gain valuable training, where without the ARSG it would not have been possible. This has included training in: • Weeds and chemical • Excel (computer) • First Aid • Fire & incendiary Brendan Morgan-Armstrong (front left) took home the People’s Choice Award at the TNRM Awards. He was also nominiated for Ranger of the Year. • Tractor, Welder and Chainsaw • Biosecurity It was a proud moment for the NLC’s over the past 7 years has set a high standard for • Coxswains training Traditional Owners hear from project partner, Yalu Marnggithinyaraw Aboriginal Corporation about its delivery of their community Raypirri culture camps. others to follow and has gained him much praise • Small engines from many corners of the NRM sector. Caring for Country team when Bulgul • 4WD training The community development NLC’s Senior CP&D Officer, Kath Sale. workers bring people together to do good ranger Brendan Morgan-Armstrong Brendan spent more than 6 months working as the Bulgul Rangers are now developing fee for service planning, make informed decisions about teams of the Central and Northern Alex Gyles, NLC’s Senior Governance and took home the People’s Choice Award only Bulgul ranger in 2018, but a new recruitment contracts with third parties, including a subcontract land councils met for the first time Planning Officer, started out in the CLC’s those plans, make sure they happen, and campaign has resulted in four new rangers and for maintenance services company, Sterling, to team and in 2018 moved to work with the then review whether the plans achieved their at the Territory Natural Resource a ranger coordinator, Tim Burr Burr, joining the conduct road weed spraying. The Bulgul rangers in February to exchange ideas about NLC’s CP&D program from their Kununurra objectives and what lessons have been learnt Bulgul ranger group. have also commenced a Cert III Conservation along the way. Management (TNRM) Awards in how best to support communities office. The employment of three rangers was undertaken Land Management and Fisheries Compliance Cert that invest their collective income “We do very similar work, but we work with Regular reports are provided to groups so November 2018. through a community open day in conjunction II with Australian Maritime Fisheries Academy (AMFA) to develop the relationship with the groups that can be quite diverse,” he said. they can discuss how projects are progressing with Ironbark at Batchelor, where participants in community-driven projects. Department of Fisheries to better manage Sea “While we use the same kind of approach in and Traditional Owners take time every year Brendan was nominated for his enduring in the Government’s Community Development The Central Land Council’s Country. They are looking forward to working term of the framework that we use, different to reflect on how their planning work is commitment and support of the Bulgul Rangers Program and the local Bulgul community came more with CDU in Land and Sea research and (CLC) community development styles, and methods are required so it is going, and what needs to be improved. At and partner agencies. His diligent and tireless together to hear what it’s like to be a ranger, fill work in natural and cultural resource management conducting another Junior Ranger program. unit hosted the exchange in Alice really good to put our heads together and a recent review in Ngukurr, one traditional out a resume and do an on-the-spot interview. owner reflected that “We get information Springs. talk about those different challenges. There is lots of learning going on,” he said. and think and make decisions ourselves”, The Northern Land Council (NLC) established but “we need more regular updates”. a Community, Planning and Development The CLC’s new community development This process will soon be strengthened with (CP&D) program in 2016 to support manager, Ian Sweeney, said the groups had the recent announcement in November 2018 Aboriginal land-owning groups to use enjoyed “a very productive two days of of funding from the Australian Government payments from land use agreements to drive workshops during the exchange. Department for Prime Minister and Cabinet their own development and secure lasting “Both organisations are committed to for a three year monitoring project to support benefits from their land, waters and seas. community-led development and we a process of critical reflection, assessment The program has grown rapidly in the past exchanged a number of strategies to help and improvement of the CP&D Program. two years with strong demand from many communities to implement projects that help From 2019-2021 the NLC will partner with La groups of Traditional Owners wanting to use meet their aspirations,” he explained. Trobe University and the Northern Institute, their private money for broader community “The NLC has some great methods of Charles Darwin University to actively engage benefit. explaining finances and concepts that we Aboriginal people in participatory methods The joint meeting with the CLC was an look forward to trying out.” of monitoring project outcomes. opportunity for NLC staff to learn from the Strengthening systems Through monitoring and evaluation work, experiences of staff at the CLC, which has Aboriginal people can say what change they run a community development program The NLC’s CP&D unit currently works with want from community development projects since 2007. eight Traditional Owner groups to build Aboriginal capacity, ownership and control. and find the best way to measure this change. “The CLC has a depth of knowledge in doing Then later they can look at whether these Community development works best when community development work. For us, as a changes actually happen. fairly new program operating for just two groups of people take action together, based It is an exciting, ground-up way to check that years, it’s really useful to see the different on their ideas of what is important, and the CP&D Program is on track and delivering tools and approaches they use, particularly their knowledge of how to solve problems the development aspirations of Aboriginal for more complex meeting situations,” said in their community. Groups can often need assistance, and community development groups. SAY NO MORE TO FAMILY VIOLENCE 24 Land Rights News • Northern Edition April 2019 • www.nlc.org.au

SENIOR RANGER AND COORDINATOR WORKSHOP HELD IN DARWIN

Attendees at the 2019 Senior Ranger and Coordinator Workshop in Darwin.

The NLC Caring for Country Branch’s natural resources in a sustainable manner is a key objective of the NLC. Senior Ranger and Coordinator Winston Thompson and Julie Roy, Assistant Workshop took place in Darwin from Coordinators at Yugul Mangi Rangers said the workshop was a great opportunity to 19-21 February. learn more about each other. NLC Senior Rangers, Ranger Coordinators, “It has been good to hear more about what Indigenous Protected Area (IPA) Coordinators is going on in the land council and other and support staff came together to share ranger groups. We share a lot of the same ideas, experiences and priorities, reflect on barriers and face the same obstacles and this the year and begin planning for 2019. workshop gives us the opportunity to work Assistant Coordinator for Malak Malak together to overcome these.” Rangers Sheila White said: “It is good to be in a room with people from different backgrounds sharing knowledge, experience and highlights in a safe space. Talking about respect for each other, our Traditional Owners and our country, as well as helping me to think about what career pathways I can take western way too.” The Caring for Country branch hosts and provides administrative support for 12 land and sea ranger groups and supports Above: Yugul Mangi Ranger Winston Thomspon, Garawa joint management of national parks and Ranger Donald Shadforth and Wudicupildyerr Ranger management of IPAs. Assisting Traditional David Hewitt. Owners to manage cultural, land, sea and Left: Ranger coordinators gather during the workshop.

Land Rights News Northern Edition Circulation Contact (editorial & subscriptions) is published by Samuel Bush-Blanasi 6,000 [email protected] for the Northern Land Council. Contributions NLC postal address Publication dates Land Rights News welcomes stories GPO Box 1222 Darwin NT 0801 April, July, October and photos about Aboriginal people and organisations. Phone 08 8920 5100