2013-2014 NEW SOUTH WALES ABORIGINAL LAND COUNCIL ANNUAL REPORT CONTENTS Chairperson’s Welcome 4 External Legal Costs 28 From the Chief Executive Officer 5 Other Legislative Amendments 28 About Us 6 Program Management Unit 30 Our Clients 6 Aboriginal Communities Water and Sewerage Program 30 Council Structure 6 Subdivision Program 33 2013-2014 Councillors 7 Local Government 36 Senior Management 9 The Freddie Fricke Scholarship Program 36 Organisation Structure 10 The Funeral Assistance Grants Scheme 36 Year in Review 12 Discretionary Grants 36 Commercial Unit 13 Upgrade of LMSS to Risk Assessment System and Performance Assessment System 37 Land Dealings 13 State-wide LALC Funding Category Report 37 LALC Head Leasing 14 Statewide Grant Allocations Report 39 Asset Management 15 Compliance and Funding Database 45 Rural Properties 16 Social Housing Schemes 45 Support provided to NSWALC Councillors and Zone Offices 17 Community Land and Business Plans 46 Vacant land and Property Management 17 Investigation and Administration of Aboriginal Land Councils 46 Policy and Research Unit 18 Zone Offices 47 Culture and Heritage Reform in NSW 18 Northern Zone 47 NSW Planning Laws Review 18 Far Western Zone 50 Local Government Reviews 19 Eastern Zone 53 Review of the Aboriginal Land Rights Act 1983 19 Southern Zone 55 Network Sustainability 19 Western Zone 58 Economic Development 19 Investment 61 Crown Lands Review 20 Media & Marketing 67 Crown Lands Amendment (Multiple Land Use) Act 2013 20 Corporate Services Division 68 Carbon Farming Initiative 20 Finance Unit 68 Youth Engagement Research 20 Human Resources & Training Unit 68 International Advocacy 20 Information and Communications Technology Unit 71 UN Permanent Forum on Indigenous Issues 21 Records & Administration Unit 72 Expert Mechanism on the Rights of Indigenous Peoples 21 Corporate Governance 75 Native Title 21 Appendices 79 Strategic Initiatives 22 Government Information (Public Access) 79 Resource Development Project 22 Public Interest Disclosures 82 A Changing Policy Landscape 24 Councillor Meeting Attendance 82 Relationships with Industry 24 Privacy & Personal Information Protection 85 Legal Services Unit 25 Overseas Visits 85 Land Rights Unit 25 Consultants 85 Land Claims 25 Grants 86 Overview of Land Claims 26 Human Resources 87 New Land Claims lodged with the Registrar 26 Equal Employment Opportunity (EEO) 87 Outstanding Aboriginal Land Claims as at 30 June 2014 26 Workplace Health & Safety 88 Land Claims granted 26 Remuneration of Councillors 89 Land Claims refused 26 Performance and number of Executive Officers 90 Land Claims withdrawn 26 Budgets 91 Inspections, Appeals and Settlements 26 Waste 92 Land Claim File Inspections 26 New South Wales Aboriginal Land Council Land Claims Litigation – Appeals and Settlements 26 2013- 2014 Financial Statements 94 Key Land Claims Litigation 27 Acronyms 135 Proposed dealings with Claimed Land Contacts 136 (including Compulsory Acquisitions) 27 Legal Matters 28 Non-Land Claims Litigation 28 2 NEW SOUTH WALES ABORIGINAL LAND COUNCIL ANNUAL REPORT 2013-2014 NEW SOUTH WALES ABORIGINAL LAND COUNCIL ANNUAL REPORT 2013-2014 3 CHAIRPERSON’S WELCOME CRAIG CROMELIN I have served as an elected Councillor for the Wiradjuri We have worked constructively with the NSW State region since 2007 and as Deputy Chairperson of NSWALC Government in relation to a number of legislative reviews. after the 2011 elections. I was humbled to be elected These include the reviews of Aboriginal Culture and as Chairperson of the New South Wales Aboriginal Land Heritage, the Aboriginal Land Rights Act, and the Crown Council in October 2013. I am honoured to be leading Lands Act. Council has been a strong advocate for our the pre-eminent Aboriginal land rights organisation in the rights and in setting out our issues and concerns. We will country and following in the footsteps of other former continue to work with the Government to ensure our views Chairpersons. are clearly understood and seriously considered. I would like to pay tribute to my predecessor, Councillor Council has also engaged with the new Commonwealth Stephen Ryan, for his tireless work for the Council and, in Government and there have been a number of meetings particular, in representing the Council and the land rights with the Commonwealth Minister. Council is keen to ensure network in negotiations with the State Government on that the new Government’s commitments in Aboriginal proposed changes to the Aboriginal Land Rights Act 1983. Affairs are translated into tangible benefits for the land Amendments to that legislation were being formulated at rights network and the wider Aboriginal community in New the end of this reporting period. South Wales. I would also like to acknowledge the contribution of the As always, as a Councillor and now as Chairperson, it is current Deputy Chairperson, Councillor Roy Ah-See, to the a highlight for me to visit Land Councils and participate effective functioning of the Council and in assisting me in in meetings and community functions. I look forward to the Chair’s duties over the past few months. visiting many more. I would like to take this opportunity to thank all LALC members, and in particular Board members Once again it has been a busy year for Council. We and staff, for their continued commitment to the land rights farewelled Geoff Scott as CEO and welcomed Lesley network and on behalf of Council we applaud their efforts Turner as his successor. I would like to thank Geoff for in seeking to strengthen the system. his substantial contribution in heading the organisation for many years and achieving significant outcomes for Finally, I would like to thank my fellow Councillors for NSWALC and the land council network. their contributions during the year and for their ongoing commitment. Together we will continue to work on behalf During the year, the Council has worked closely with the of all our members to ensure that the land rights system is administration arm in implementing the NSWALC Strategic protected and strengthened for generations to come. Plan for 2013-2017, and in pursuing new initiatives. In particular, and in fulfilment of a key component of the As Chairperson, and on behalf of my fellow Councillors, I Strategic Plan, we have been focused on the development say thank you and commend this report to you. of an Economic Development Policy. The new Economic Development Policy will build on the foundations of the land rights system and provide for a range of economic development opportunities in our communities. The aim is to ensure ongoing sustainability and economic self reliance for the network. The new policy is to be rolled out in the next financial year. Craig Cromelin The Council and the land rights network have faced a Chairperson, NSWALC number of challenges during the year and we have fought hard to maintain the gains made over the last thirty years in achieving and strengthening the land rights system. 4 NEW SOUTH WALES ABORIGINAL LAND COUNCIL ANNUAL REPORT 2013-2014 FROM THE CHIEF EXECUTIVE OFFICER LESLEY TURNER This is my first report as Chief Executive of the NSW will be implemented next financial year. The aim is to invest Aboriginal Land Council, a position I was proud to accept much needed capital and build capacity and economic in May 2014. I have been Acting Chief Executive Officer self-reliance amongst LALCs. since October 2013, following the departure of Mr Geoff To provide expert advice to Council a new Economic Scott. I have worked with NSWALC since 2007 and feel Development Advisory Committee has been appointed. both humbled and privileged to lead such a significant Representatives with expertise in business and finance will Aboriginal organisation. NSWALC is the largest member be drawn from the Aboriginal community, private and non- based Aboriginal organisation in Australia. It is self funding government sector. and run by a democratically elected Council. Over the last 12 months the NSW Government has My first role in NSWALC was as Zone Director of the pursued several key legislative reviews which will impact Southern Zone and this gave me a great appreciation of on NSWALC. NSWALC has undertaken a strategic the diversity and strength of the Local Aboriginal Land engagement with Government in order to advocate our Council (LALC) network. It is important for all of us to rights and concerns. This has included major reviews of remember that we are here for the Aboriginal people of the Aboriginal Land Rights Act 1983 and Regulations, NSW. NSW Aboriginal people have fought hard for land the Crown Lands Act, and the Culture and Heritage Act. rights and part of my responsibility as CEO is to ensure that Indications from Government are that Exposure Drafts of we all remember this and are vigilant in maintaining and proposed legislative changes will be released in 2014- expanding on those hard fought gains. 15. It is critical that NSWALC monitors this closely and is The 12 months from July 2013 have been a period of influential in these discussions in order to protect our rights. change and consolidation for NSWALC. NSWALC has An ongoing concern is the large number of unresolved welcomed new Office Bearers: Councillor Craig Cromelin land claim determinations. NSWALC has had some good from the Wiradjuri Region was elected as Chairperson and wins in this period—but we need to keep up the pressure Councillor Roy Ah-See from the Sydney/Newcastle Region to ensure that more determinations are made in a timely became Deputy Chairperson on 31 October 2013. fashion, enabling claimants to see the results of their The role of NSWALC Administration is to support the considerable efforts. Council and deliver on Council’s Strategic Plan. During I would like to pay tribute to the staff and Council of 2013-14 senior staff worked with Councillors on a number NSWALC for their efforts and professionalism.