CENTRAL LAND COUNCIL ANNUAL REPORT 2017–18
CENTRAL LAND COUNCIL Creative Commons licence With the exception of the Commonwealth Coat of Arms and where otherwise noted, all material presented in this report is provided under a http://creativecommons.org/licences/byl3.0/licence. The details of the relevant licence conditions are available on the Creative Commons website at: http://creativecommons.org/licences/byl3.0/legalcode. The document must be attributed as the Central Land Council Annual Report 2017–18.
Third party copyright for publications This organisation has made all reasonable effort to: • clearly label material where the copyright is owned by a third party • ensure that the copyright owner has consented to this material being presented in this publication. ISSN 1034-3652 All photos Central Land Council, unless otherwise credited. 21 September 2018
Senator Nigel Scullion Minister for Indigenous Affairs Senate Parliament House Canberra ACT 2600
Dear Minister
In accordance with the Aboriginal Land Rights (Northern Territory) Act 1976, the Native Title Act 1993 and the Public Governance, Performance and Accountability Act 2013, I am pleased to approve and submit the 2017-18 Annual Report on the operations of the Central Land Council.
I am authorised by the Central Land Council to state that the Accountable Authority is responsible under section 46 of the PGPA Act for the preparation and content of the report.
Yours faithfully
Mr Francis Kelly
Chair
Central Land Council
CLC ANNUAL REPORT 2017–18 1 OVERVIEW OF THE CLC Chair’s report 3 Director’s report 5 About the CLC 7 CLC executive committee & council members 15 CLC governance 18 Organisation structure 21 Performance report 22 OUTPUT GROUP 1 25 Land & natural resource management 1.1 Permits 26 1.2 Land & natural resource management 27 OUTPUT GROUP 2 42 Land claims & acquisition support 2.1 Land claims 43 2.2 Land acquisition 44 OUTPUT GROUP 3 45 Economic development & commercial services 3.1 Land use agreements 46 3.2 Employment, education & training 50 3.3 Mining 59 3.4 Commercial assistance 69 OUTPUT GROUP 4 72 Advocacy services 4.1 Public awareness & education 73 4.2 Advocacy & representation 78 4.3 Cultural & heritage support 84 4.4 Community development support 87 OUTPUT GROUP 5 101 Administration & support services 5.1 Distributions 102 5.2 Administer land trusts 104 5.3 Dispute resolution 107 OUTPUT GROUP 6 108 Native title Native title 109 CORPORATE MANAGEMENT 118 Annual performance statement 127
FINANCIAL STATEMENTS 131
GLOSSARY 165
COMPLIANCE INDEX 168
2 CLC ANNUAL REPORT 2017–18 ranger groups before toolong. employing locals, whichwillhopefullygrow intonew own. Theseandothercommunities canstartactivities that havewaitedsolongforaranger group oftheir communities suchasKintore, ArlparaandAputula, I hopetheproject willhelptheCLCplantseedsin the BHPBillitonFoundation. including theCentralLandCouncil,andfundedby of Aboriginallandmanagementorganisations, 10 Desertsproject inMarch. Theproject isanalliance win thenextelectionandalsoaboutlaunchof stick toitspromise todouble rangernumbersifthey That’s whyIwasgladtohearLaborconfirmthatitwill throws atus. rangers todealwithallthechallengesourcountry look after, canseethatweneedtwiceasmany between them,through thevastareas ourrangers group. Anyonewhohasdriventhelongdistances of ourremote communitiesare stillwithoutaranger ranger isthedream ofourschoolchildren toomany That isveryshort-sightedbecausewhilebecominga secure theirfutures orfundtheprogram’s expansion. won’tcountry forallofus,thefederalgovernment men andwomenwhoworksohard tolookaftertheir praise MinisterNigelScullionlikestoheaponthe Despite thesuccessofourrangerprogram, andthe years. jobs whenprogram fundingrunsoutagaininafew themselves. Theywonderwhatwillhappentotheir sometimes theyfeelabitlikethreatened species by managingfires, weedsandferalanimals. Yet endangered plantsandanimalsourspecialplaces Our rangers,includingtwoofmysons,protect our remote communitiesandnotlike CDP(Work fortheDolescheme)jobs. are realjobs. They shouldbeassecuretheothergovernment-fundedpositionsin teachers, policeofficersandhealthworkers. Rangerjobs will beasfamiliarasightineveryremotecommunity I amlookingforward tothedaywhen Aboriginal rangers CHAIR’S REPORT housing now, notmake uswaitforatreaty. to deliverreal changeineducation,justiceand hopes andweexpectChiefMinister MichaelGunner our peoples.TheBarungaAgreement hasraisedour about aconsultationprocess towards atreaty with an agreement atBarunga withtheNTgovernment Territorywhen thefourNorthern landcouncilssigned In Junewefeltlikewere makinghistoryagain, board hasfinallydecidedto rightthishistoricwrong. time andIamrelieved andhappyforthemthatthe under alotofpressure abouttheclimbforaverylong climb forgood.Thetraditionalownershavebeen management hechairshasdecidedtoclosetheUlur in November, onlivetelevision,thatthepark’s board of of more great news:SammyWilson’s announcement The launchoftheTjakur Aboriginal land. the endangered bilbyisgoing initslastrefuges on by theCLC,toputtogetherasnapshotofhow the Tracks app,abilingualmobileappdeveloped of bilbytracks,scatsandburrows. Therangersused for thefirstnationalBilbyBlitz,across-border survey Easter theyjoinedforces with18otherrangergroups around theUluru–KataTjutaNationalPark.Over huge KatiPetermannIndigenousProtected Area Together, thetworangergroups willlookafterthe our KaltukatjaraRangersfrom DockerRiver. on bythewomen’s dancingandsingingledby dance thenewrangerstotheirheadquarters,urged protect. Itwasverymovingtoseetwoyoungfellas after thethreatened great desertskinktheywantto the TjakuraRangers.Theeldersnamedgroup group. InMarch Ijoinedthecommunityasitlaunched word tohelptheMutitjulucommunitygetaranger I wasverypleasedthattheministerhaskepthis CLC ANNUAL REPORT 2017–18 Francis Kelly a Rangers came on the back a Rangerscameontheback u 3
OVERVIEW OF THE CLC North Tanami rangers Anthony Navo Rex, Dione Kelly and Donald Robbo learn from elders Leslie Robertson (deceased) and Jerry Jangala Patrick how to create coolamons and kurdiji (shields) from soft bean tree (yininti) wood.
We are not happy with the slow pace of housing runs art workshops. In July the group committed a reform and the endless finger-pointing between our total of $440,000 to install the repeater, construct a elected representatives. It seems like the more they toilet and shower block and a workshop and upgrade talk about change and community control the more the communal kitchen. things stay the same. Where’s the action? When will In September, the traditional owners of the we have a say about where and how we live? When Yeperenye/Emily and Jessie Gaps Nature Park will we see an end to the overcrowding that’s making launched a free app to welcome and introduce us sick? tourists to their sacred site Anthwerrke (Emily There is so much more governments should be doing Gap), paid for with the rent they get for the park. to help us stay healthy and safe. In my home town of The app was not just a generous gift to the wider Yuendumu and in nearby Yuelamu we’re running out community but a clever business move. The more of water, and in Laramba and Ti Tree they’re worried visitors it attracts to the site the greater the chance about uranium in the drinking water. At the same time the traditional owners’ next projects there will also be we’re told there will be water to spare for fracking! successful. There’s still no action on the asbestos in our buildings How we use our income from land use agreements and royalties is of course up to us. The CLC’s job is to and progress on sealing the dangerous roads between give us information and then to support the decisions our communities is very slow. When things go wrong we make. When groups choose community benefit in places like Willowra, Nyirrpi and Watarrka there is projects over payments into individual bank accounts no mobile coverage. Every few years we get another the CLC is always looking for good partners, from telecommunications review but still we lag far behind Aboriginal organisations, businesses and all levels other Australians. of government. When royalty distributions cause Many communities continue to use their royalties problems we want to work on our own solutions, and related income to fund some of the things they not have them imposed on us. There is so much need. A group near Tennant Creek, for example, governments could do to help. They could start by is paying for a mobile phone repeater and other partnering with us on community-driven projects to projects using income from the Northern Gas Pipeline help make our money go further. These are ideas we agreement. The group is working with our community have talked about for many years. Maybe it takes a development team to improve their business at the new government with fresh ears to start working with Likkaparta outstation, which hosts visitor groups and us on them in the year ahead.
4 CLC ANNUAL REPORT 2017–18 at everysinglecouncil meetingthisyear, theyare has beenglacial. Asourdelegateshavemadeclear progress onitsmanyelection promises tothebush Halfway through theGunnergovernment’s firstterm, voters inthebushforthemtoembrace theidea. hasdoneenoughtoregaingovernment thetrustof across theNT. Itremains to beseenwhethertheNT a treaty commissionerandthe startofconsultations will notdo.Inowlookforward totheappointmentof from anNTtreaty. Symbolicactionsandwarm words communities becauseourmembersexpectnoless faith towards practical,tangiblechangeforour The CentralLandCouncilisready toworkingood agreement ifLaborwinsgovernment. leader pledgetosupporttheprocess setoutinthe and Iwasheartenedtohearthefederalopposition treaty. AnNTtreaty couldbeastepalongthis journey have givenuponthesedemands,noranational go by. TheBarungaAgreement doesnotmeanwe truth tellingandagreement makingisanythingto to theUluruStatement’s callsforavoicetopower, the resistance oftherevolving doorofLiberalleaders The oldwayisclearlyaliveandwellinCanberra,if together hadbarely begun. when thehard yards towards anewwayofworking Michael Gunnerannounced“theoldwayisfinished” toapplaudthem.ChiefMinister the longjourney sincere words were spokenandLaborleadersmade did signup.Hopeswere raisedagain,manyfineand Bob Hawke’s broken promise ofanationaltreaty, we when wegathered inJuneatBarunga,thesiteof andlargelyunsuccessfully.councils stubbornly Yet NT administrationswhofoughtlandrightsand remembers toowellthebastardries ofsuccessive Anyone whohasbeeninthisgamelongenough government Iwouldhavelaughed. towards atreatybetween Aboriginal peopleandtheNT an agreementwithNTchiefministeraboutaprocess of theNorthern Territory’s fourlandcouncilswouldsign If anyonehadtoldmeonlyafewyearsagothatthechairs DIRECTOR’S REPORT on-costs and could earn top-up.Inaddition,our on-costs andcould earn would work20hours fortheminimumwageplus initiatives thatwouldcreate 10,500jobs.Participants community residents intheplanninganddeliveryof Modelling (NATSEM) andwouldinvolveremote by theNationalCentre forSocialandEconomic Our Aboriginal-controlled modelhasbeencosted totheCDP.national alliancearound analternative Territory (APONT)havebuiltastrong andgrowing The AboriginalPeakOrganisationsoftheNorthern amount istoosmallandshort-term. employers. Thisisunlikelybecausethewagesubsidy scheme evenifallthesesubsidiesare takenupby not allowpeopletoescapetheinflexible,top-down The 6,000newwagesubsidiesheannouncedwill wake ofsustainedcriticismfrom across Australia. some tweaksMinisterNigelScullionhasmadeinthe promise tobeavote-winner inthebush,despite work forthedoleschemeknownasCDP, doesnot increased. TheCommonwealth’s answer, thepunitive our communitieshasdeclined,whilepoverty to the2016censusdataemploymentratein communities are goingbackwards. According We don’t needstatisticstoknowthatremote what happenswhentheytakethebushforgranted. ofallstripeswoulddowelltoreflectGovernments on capacity toachieveastrong regulatory regime islow. in thegeneralpopulationandfaithTerritory’s fracking isasunpopularinourcommunitiesit government’s decisiontoliftthemoratoriumon into ChildProtection andYouth Detention.The of therecommendations oftheRoyalCommission and especiallywiththepainfullyslowimplementation and thedevolutionofcontrol totheircommunities, impatient withthehaltingprogress onhousingreform CLC ANNUAL REPORT 2017–18 David Ross 5
OVERVIEW OF THE CLC alternative program would help 1,500 young people voluntarily rather than forced. These initiatives would through six-month work experience placements and contribute to closing the gap in life expectancy, redirect the $25 million entrepreneurship fund to health, employment and education outcomes support social enterprise development. between our peoples and other Australians. According to NATSEM, the proposed job creation Strengthening the Closing the Gap framework is of initiatives would reduce the population-wide poverty vital importance to achieving better life outcomes rate in affected regions from 22.7% to 20.1% and for our constituents and I am deeply concerned lift the employment rate from 48.2% to 57.8%, that the government’s ‘refresh’ with its puzzling cutting the gap between non-Aboriginal and remote ‘prosperity agenda’ does not refer to COAG’s Aboriginal employment rates by a third. National Indigenous Reform and National Partnership As our policy team has been at the forefront of the agreements. These agreements are critical to the proposal’s development it is all the more disappointing modest progress that has been made and should that the minister has taken up so little of the proposal. therefore also be reviewed and recommitted to. Of most concern to families in the bush is the new If there is no formal COAG agreement for the penalty regime, the Orwellian sounding ‘targeted next phase of Closing the Gap there will be no compliance framework’. Penalties applied to people commitments for which governments can be held out bush have escalated sixfold and the number accountable. A critical issue for CLC constituents is of people under 35 in employment assistance has housing and the refresh should include targets and dropped by 20%. They haven’t moved into work but new funding commitments for remote housing. dropped out of the system and are being supported It gave me great pleasure to launch a book by seven by their already struggling families. remarkable teachers from our region in March. We Remote CDP participants were promised that they Always Stay was funded by the Warlpiri Education would be exempt from the tough new penalty and Training Trust and should be compulsory reading regime. However, in May the Coalition announced for anyone, ‘special envoy’ or not, concerned about that the regime will apply to them from February the state of education and school attendance in 2019. This is bound to further entrench poverty in the remote communities. The authors have each worked bush. in bush schools for more than 30 years and faced significant odds in order to pursue and progress in By contrast, the APO NT’s alternative would give their chosen careers. communities a real say about local targets, levels of obligations and penalties. It would remove financial Among the messages of the book, published by incentives for providers to penalise participants and Batchelor Press, is how important the support of shift the focus from short-term results to long-term family, school colleagues and lecturers has been to the positive impacts, such as the creation of sustainable authors, and how much the women themselves have new jobs and upskilling locals to move into jobs contributed to their communities and the skills of currently done by non-Aboriginal people. Importantly, their transient non-Aboriginal colleagues. Conversely, people with substantial long-term health issues they make clear how crushing a lack of support can or disabilities would be supported to participate be, especially when it comes to bad-apple principals and other bureaucrats. Projects such as this publication would not be possible without the support of the CLC’s many partners and our loyal and dedicated staff. I’d like to thank them all sincerely for going above and beyond yet again.
Authors Barbara Martin, Fiona Gibson and Yamurna Oldfield sign copies of their book We always stay at the book’s launch. (Photo: Liza Hatz)
6 CLC ANNUAL REPORT 2017–18 ALRA) andasaNative Title RepresentativeBodyunderthe other development proposals fortheirland. mining, landmanagement, tourism,employment, and The CLCconsultswithAboriginal landownerson executive isheadedbyachairand deputychair. executive committeeelectedby council members;this delegates manyofitsfunctionsto anine-member three timesayearinvariousbushlocations.Council communities across theCLC’s region andmeet council representatives are electedfrom Aboriginal theCLC.The A 90-membercouncilgoverns members belongtomore than 15languagegroups. half oftheNT–some780,000square kilometres. Its carries outitsstatutoryfunctionsacross thesouthern councils operatingundertheLandRightsAct.It TerritoryThe CLCisoneoffourNorthern (NT)land constituents. driven educationandculture initiativesthatbenefit maintain infrastructure andtofundcommunity- use incomefrom landuseagreements tobuildand programs inthecountry. More andmore, constituents program isnowtheleadingexampleofsimilar community developmentprogram. Indeedthis These activitiesare attheheartofCLC’s management andbiodiversityconservation. the areas ofpastoralactivity, feralanimalcontrol, fire CLC hassupportedtraditionalowners’aspirationsin with threats toitsculturalandnaturalvalues.The benefit from opportunitiesontheirlandanddeal land managementtoenabletraditionalowners traditional owners,theCLCinvestedincreasingly in From 1983,aslandbegantobereturnedits the LandRightsAct. square kilometres oflandasAboriginalfreehold under outstanding success,capturingmore than417,000 The CLChasperformeditsstatutoryfunctionswith 1976 Act Territory) (Northern Rights Land Aboriginal The CentralLandCouncil(CLC)isaCommonwealthcorporateentityoperatingunderthe ABOUT THE CENTRALLANDCOUNCIL (the Native Title Act). (the Aboriginal. fulltime-equivalent staff, ofwhom44.8percentare of AboriginalpeopleintheNT. Itemploys222.1 $4.0 million.TheCLCisoneofthelargestemployers were $40.3million,andcapitalexpenditure was revenue of$42.4million.Total operatingexpenses funding comprised$18.068millionoftheCLC’s total In 2017–18AboriginalsBenefitAccount(ABA) Audit Office. and everyyearisauditedbytheAustralianNational and AccountabilityAct2013(Cwlth)(thePGPA Act) It operatesunderthePublicGovernance,Performance was dismissedbefore thebillcouldbepassed. Aboriginal Land Rights Bill;however, thegovernment drewresidents. upan TheWhitlamgovernment claims abouttheneedsofAliceSprings’ towncamps’ Later thatyeartheLandCommissioner beganhearing work withthem. Aboriginal LegalAidServiceassigned alawyerto respectively, oftheCLC,andCentralAustralian Perkins andWenten Rubuntjaaschairandvice-chair, Australian AboriginalcommunitieselectedCharlie A 1975meetingofrepresentatives ofCentral Aboriginal people. land councilsbeestablishedtopresent theviewsof its recommendations wasthatCentralandNorthern commission intolandrightsintheNT1973.Oneof walk-off, setuparoyal theWhitlamgovernment 2016. Inresponse toAboriginal demandsatthe 50th anniversarytheCLCcelebratedinAugust strike andwalk-off atWave Hillcattlestationwhose prominent exampleisthefamous1966Gurindji struggle forjusticeinCentralAustralia.Themost The CLC’s roots reach deepintotheAboriginal HISTORY (Cwlth)(theLandRights Act, orthe Native Title Act 1993 1993 Act Title Native CLC ANNUAL REPORT 2017–18 (Cwlth) 7
OVERVIEW OF THE CLC In June 1976 the new Liberal–Country Party followed up on its promise to protect sacred sites government passed the legislation but omitted with the Aboriginal and Torres Strait Islander Heritage provisions for land claims based on need and various Protection Act 1984 (Cwlth) but left the protection of other features of the original bill. In the same year, the sites to ministerial discretion. CLC published the first edition of Land Rights News, now Australia’s oldest Aboriginal-owned newspaper. In 1984, traditional owners gave the Alice to Darwin railway the all-clear, though it was not completed The Land Rights Act came into operation in January until 2003. Two years of attempts to establish a 1977. It gave Aboriginal people title to most of the Central Australian women’s council failed. Aboriginal reserve lands in the NT and the opportunity to claim other land not already owned, leased or In 1985 the Governor General handed back the used. title for the Uluru – Kata Tjuta National Park to One year later the CLC celebrated its first successful the traditional owners, who leased it back to the land claim. Like almost all claims that followed, Commonwealth for joint management. In the same the Warlpiri and Kartangarurru–Gurindji land claim year, Patrick Dodson became the CLC’s first director was won against the bitter opposition of the NT’s and the CLC opened its first regional office, in Country–Liberal Party government. Tennant Creek, followed by seven more offices in The CLC’s constituents began to set up outstations on remote communities in subsequent years. their country but some were unable to return because In 1986, in response to a mining industry campaign, their country lacked water and other essential the Commonwealth abandoned its commitment to infrastructure. national land rights legislation and tried to weaken In 1983, in line with the recommendations of the Land Rights Act. HC Coombs, members elected a new, regionally The following year, the CLC helped Ipolera based executive. The CLC hired Kimberley priest outstation near Hermannsburg to become the first Patrick Dodson to manage what would become community to open a small tourism business, and the its directorate and regional services section, while two research officers started the land management Commonwealth inserted a 1997 deadline on all land section. claims in the Land Rights Act. In the same year, traditional owners set up a protest In 1988 the CLC and traditional owners signed an camp at the Alice Springs Telegraph Station to stop an exploration agreement for the area around The NT government proposal for a recreational lake that Granites in the Tanami desert – the first agreement would have flooded sacred sites. The Commonwealth negotiated from scratch under the Land Rights Act.
The Barunga Agreement of 2018 takes up some of the themes and unrealised aspirations of the 1988 Barunga Statement. (Photo: Fairfax)
8 CLC ANNUAL REPORT 2017–18 OVERVIEW OF THE CLC OF OVERVIEW
“This should be the Territory’s first Aboriginal war memorial,” said Barbara Shaw during the handback of the Barrow Creek Telegraph Station, where state troopers massacred 90 Kaytetye people in 1874. Ms Shaw is pictured with then CLC deputy chair Geoff Shaw (right).
Later that year CLC members joined a convoy to the In 1997 the sunset clause in the Land Rights Act bicentenary protest march on Australia Day in Sydney. came into effect. The CLC managed to lodge several CLC chair Wenten Rubuntja and Northern Land claims before the deadline, especially over parks and Council (NLC) chair Galarrwuy Yunupingu presented reserves. Prime Minister Bob Hawke with the Barunga Lands rights came under siege again in 1998 when Statement calling for a treaty. the Howard government launched reviews of In 1990 the NT government tried again to dam both the Land Rights Act and the Aboriginal and the Todd River, against the will of the traditional Torres Strait Islander Heritage Protection Act, and owners, and damaged sacred sites near Junction sought to weaken the Native Title Act following an Waterhole. After a long CLC campaign, in 1992 the unprecedented scare campaign. Commonwealth declared the sites protected for 20 The CLC’s mining and employment unit commenced years. operations in 1999. Five years later, 20 per cent of The Barrow Creek Telegraph Station, site of an the mining workforce in the Tanami was Aboriginal. 1874 massacre of Kaytetye people, was handed Also in 1999, the NT government gained control of back in 1992 to the traditional owners, despite NT parts of the Native Title Act and replaced the right of government obstruction. Aboriginal people to negotiate with a limited right to be consulted and to object. The CLC became a Native Title Representative Body in 1994, following the passage of the Native Title Act. It The House of Representatives launched an inquiry into lodged its first, and ultimately successful, native title the Reeves Review of the Aboriginal Land Rights Act. claim over the town of Alice Springs. It also won a Its recommendations, which included the dismantling settlement of the long-running Lake Amadeus land of the NT land councils, sparked an outcry. claim. The CLC’s first ranger group started in Lajamanu in Central Australian women formed an independent 2000, in part funded by royalty payments. women’s council in 1995. Set up with the support In 2004 the CLC and the NT government negotiated of the CLC, the council had been 15 years in the joint management arrangements for 20 national parks making. and reserves. Sixteen were to be handed back to their
CLC ANNUAL REPORT 2017–18 9 Land Rights 1976-2018 1978 The Warlpiri Kartangarurru-Gurindji claim becomes the CLC’s first successful land claim. 1985 2005 Uluru Kata Tjuta is handed back to traditional The Warlpiri Education and Training owners who lease the area back to the Trust and the Uluru Rent Money federal government for 99 years. projects kick off the CLC’s community 1975 Patrick Dodson becomes the CLC’s first development program. Charlie Perkins and Wenten director. Since then, the program has helped Rubuntja elected CLC’s first Aboriginal groups to drive their own chair and deputy chair. development by investing $58 million 2018 of their royalty, compensation and rent The chairs of the four income in many hundreds of community NT land councils and projects. Chief Minister Michael Gunner sign the Barunga Agreement 1983 which outlines the 1976 2004 process for consulting The Australian Aboriginal custodians protest against with Aboriginal people parliament passes a dam that would have flooded The CLC negotiates the joint about a treaty the Aboriginal Land sacred sites north of Alice Springs. management of 20 national parks Rights Act and the CLC leased back to the NT government. 2015 publishes the first issue Since 2012 members have invested The CLC marks its 40th of Land Rights News. all rent income from the park leases birthday with the launch of in community development projects. the oral history collection Every Hill Got A Story. 2016 2000 It celebrates winning back A joint meeting of Territory more than 417,000 square land councils at Kalkaringi Lajamanu’s Wulaign Rangers (now North Tanami km of Aboriginal freehold celebrates 40 years of Land Rangers) become the CLC’s first ranger group. land. Rights and half a century Today the CLC’s ranger program supports 10 since the Wave Hill Walk Off. ranger groups managing more than 300,000 square km of Indigenous Protected Area and other Aboriginal land.
2008 1988 Traditional owners Wenten Rubuntja (CLC) and Galarrwuy Yunupingu (NLC) commemorate the present Prime Minister Bob Hawke with the Barunga 80th anniversary of the Statement calling for a treaty. Mr Hawke promises a Coniston Massacre. treaty by 1990. A convoy of NT Aboriginal leaders drives to Sydney to protest against the Bicentennial celebrations.
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y e and fou lting f n ople f t . r OVERVIEW OF THE CLC Granites Mine Affected Area Aboriginal Corporation (GMAAAC) project, which invests compensation income in community benefit projects throughout the Tanami region. In 2009 the Minister for Indigenous Affairs, Jenny Macklin, opened the CLC’s new building, where all sections could be located together for the first time since 1986. Minister Macklin also handed back seven national parks at this time. In 2010 the CLC delegates elected Tennant Creek’s Gina Smith as the first female deputy chair and decided to use all rent income from jointly managed national parks for community benefit projects through the CLC’s new NT Parks rent money project. In 2012 the CLC delegates voted unanimously to spend the majority of the Commonwealth’s compensation for the compulsory community leases it took out during the Northern Territory Emergency Response on community benefit projects with the support of the community development program. Following the Strong Aboriginal Governance Summit in Tennant Creek, organised by the Aboriginal Peak Johnny Jupurrurla Nelson sings during the 80th Coniston Massacre anniversary ceremony at Organisations NT (APO NT), the Commonwealth Baxters Well in 2008. in 2013 invested in a new Aboriginal Governance and Management Program to assist Aboriginal organisations. traditional owners and leased to the NT government for 99 years, with four jointly managed under In 2014 the handback of Yurrkuru (Brooks Soak) indigenous land use agreements (ILUAs). concluded a 22-year struggle for justice. The CLC Following requests by Aboriginal educators in celebrated its 40th birthday with the opening of a the Tanami, the CLC established its community new operational and training centre in Alice Springs development program in 2005. The first program that supports its 11 ranger groups. initiatives, the Warlpiri Education and Training Trust The community development program celebrated its (WETT) and the Uluru rent money project, saw 10th anniversary in 2016. With its support, Aboriginal Aboriginal groups plan and implement community groups in 31 communities have driven their own benefit projects with their collective income from development by investing $58 million of their royalty, royalty and rent payments. rent and compensation income in many hundreds of The Howard Coalition government amended the Land projects that benefit their communities. Rights Act again in 2006, allowing the Aboriginal On 8 June 2018, 30 years after the Barunga Affairs Minister to delegate core land council Statement that led to the broken promise of a functions to Aboriginal corporations that may not be national treaty, the chairs of the four Territory land made up of traditional owners and/or may lack the councils and Chief Minister Michael Gunner signed capacity to carry out CLC functions. the Barunga Agreement. The memorandum of The first indigenous protected area (IPA) in the CLC understanding sets out the process for consultations region, the Northern Tanami IPA, was declared in about a treaty between Aboriginal Territorians and the 2007. That year was also a low point in indigenous NT government. affairs in the NT with the declaration by Prime Minister Howard of the NT National Emergency STATUTORY FUNCTIONS Response. The statutory functions of the CLC are described in In 2008 the CLC commemorated the 80th anniversary s.23(1) of the Land Rights Act: of the 1928 Coniston massacre. In the same year, • to ascertain and express the wishes and the opinion the community development unit started the of Aboriginals living in the area of the land council
12 CLC ANNUAL REPORT 2017–18 OVERVIEW OF THE CLC OF OVERVIEW
Educating the next generation: Fiona Gibson, Barbara Martin, Tarma Andrews, Yamurna Oldfield and Linda Anderson are five of the seven authors of the WETT-funded book We always stay. (Photo: Lisa Hatz)
“We are not waiting around for the current prime minister to have a change of heart, we‘re getting on with it, state by state, territory by territory,” said CLC policy manager Josie Douglas at Barunga.
CLC ANNUAL REPORT 2017–18 13 as to the management of Aboriginal land in that – where the land is the subject of an application area and as to appropriate legislation concerning referred to in paragraph 50(1)(a) – on behalf of that land the traditional owners of that land or on behalf • to protect the interests of traditional owners of, and of any other Aboriginals interested in the land other Aboriginals interested in, Aboriginal land in • to assist Aboriginals in the area of the land council the area of the land council to carry out commercial activities (including • to assist Aboriginals in the taking of measures likely resource development, the provision of tourist to assist in the protection of sacred sites on land facilities and agricultural activities), in any manner (whether or not Aboriginal land) in the area of the that will not cause the land council to incur land council financial liability or enable it to receive financial • to consult with traditional owners of, and other benefit Aboriginals interested in, Aboriginal land in the area • for land that is a community living area and in of the land council with respect to any proposal the area of the land council – to assist the owner relating to the use of that land of the land, if requested to do so, in relation to • where the land council holds in escrow a deed of any dealings in the land (including assistance in grant of land made to a land trust under s.12: negotiating leases of, or other grants of interests in, – to negotiate with persons having estates the land) or interests in that land with a view to the • to assist Aboriginals claiming to have a traditional acquisition of those estates or interests by the land claim to an area of land within the area of the land trust; and land council in pursuing the claim, in particular, – until those estates or interests have been so by arranging for legal assistance for them at the acquired, to negotiate with those persons with expense of the land council a view to the use by Aboriginals of the land in • to negotiate, and enter into agreements, as such manner as may be agreed between the land necessary, for the purposes of subs.70(4) council and those persons • to compile and keep: • to negotiate with persons desiring to obtain an – a register recording the names of the members of estate or interest in land in the area of the land the land council, and council: – a register recording the names of the members – where the land is held by a land trust – on behalf of the land trusts holding, or established to hold, of traditional owners (if any) of that land and of Aboriginal land in its area and descriptions of any other Aboriginals interested in the land; and each area of such Aboriginal land – to supervise, and provide administrative or other assistance for, land trusts holding, or established to hold, Aboriginal land in its area.
ACCOUNTABLE AUTHORITY The accountable authority of the CLC is comprised of Francis Kelly (chair) and David Ross (director). Mr Kelly is a Warlpiri elder, filmmaker and a leading figure in the Aboriginal media industry. He has been a health worker, mechanic, machine operator, council supervisor and community advisor. A former deputy chair of the CLC, Mr Kelly has been a delegate for 15 years. Mr Ross has been a CLC staff member since 1979. He has also worked for the Aboriginal and Torres Strait Islander Commission and was the inaugural executive chair of the Indigenous Land Corporation. He holds an associate diploma in business management. The accountable authority met 11 times during the reporting period.
Traditional owners and rangers with their local member, Warren Snowdon, at the launch of the Southern Tanami IPA in 2012.
14 CLC ANNUAL REPORT 2017–18 CLC EXECUTIVE COMMITTEE & COUNCIL MEMBERS
The CLC covers nine regions and has 90 members who represent 75 communities. Its chair is Francis Kelly and THE CLC OF OVERVIEW its deputy chair is Sammy Butcher. Elected members of the Aboriginals Benefit Account (ABA) advisory committee are Valerie Martin, Kelvin Morrison, Harry North West
Nelson, Barbara Shaw and Philip Wilyuka. ennant Cree