ANNUAL REPORT 2010-2011 The Kimberley Land Council is the Native Title Representative Body for the Traditional Owners of the Kimberley region. We represent 29 native title claim groups across the Kimberley. Our organisation was established by Aboriginal people for Ab- original people and was formed during the political upheaval of the great Noonkanbah battle and the struggle for land rights. Our representative area covers 412,451 square kilometres and the KLC has worked hard to deliver native title to our members. The Kimberley is now 65 per cent determined native title land. We stand by our vision to Look after country, Get back country and Get control of our future. As a result, our focus as a grass-roots community organisation, is to work with ourTraditional Owners in the areas of native title, agreement making and land and sea management. Our organisation has a long and proud history and we look to continue to achieve positive outcomes for Kimberley Tradition- al Owners into the future. Kimberley Land Council Kimberley 2010/2011 Land Council Contents PART ONE | INTRODUCTION PART TWO | ACHIEVING THE PART THREE | LOOKING ReportAnnual VISION AFTER COUNTRY Our mission, vision and values .........................................3 Report on performance ........23 Land and sea management Introduction ................................5 Message from the Getting back country | The Overview ....................................83 Chairmen ...................................7 native title claims experience Land and sea projects ............87 Kimberley Ranger Program .91 Message from the CEO ............9 Outputs | Native title .............25 Indigenous protected Claimant applications ............27 areas........................................103 Native title claim updates.....35 National heritage ABOUT US | Priorities | claim assessment ...........................104 categories ................................36 Native Title Representative Criminal defences of native Body overview .......................15 title .............................................43 PART FOUR | HAVING A Role and functions ..................15 Outputs .......................................44 STRONG ORGANISATION Organisational structure .......17 Disputes ......................................45 Outcome and output structure ...................................19 Getting control of the future | Corporate services Features of the strategic and The agreements experience Corporate governance operational plans ..................19 Overview ....................................49 practices ................................107 Negotiated agreements ........51 Executive board ....................107 Future acts .................................52 Senior management Indigenous land use committees and their agreements .............................55 roles ........................................109 Corporate and operational Regional solutions unit planning and LNG precinct negotiations ...59 performance ........................112 Agreements and benefits .....60 Human resources Indigenous impacts and management .......................115 strategic assessment ............63 Consultants, tendering and Other projects ...........................64 contracting ...........................117 Analysis of performance Reviews .......................................71 Glossary .............................. 119 Other functions ........................72 Governance and administration ........................74 Summary output data ...........75 Financial report ....................F1 Discussions and analysis of performance ...........................77 Part One Introduction us | About Our mission, vision & values OUR VISION MISSION The Kimberley Land Council is a community Aims organisation working for and with Traditional Owners of the Kimberley… • To get back country to get back country, • To look after country to look after country and • To get control of the future to get control of our future. • To have a strong organisation. The KLC vision remains relevant and strong. Objectives The KLC has always been guided by a Strategic • Improve the cultural, social and economic Plan and although it is no longer a requirement well-being of Kimberley Aboriginal of FaHCSIA, it is seen as a vital instrument in people planning the KLC’s future. In this reporting • Operate as an effective body to secure period, the KLC Board approved the 2011–2016 rights for, and deliver the aspirations of Strategic Plan. The KLC strategic plan links to Kimberley Traditional Owners our annual operational plan, which FaHCSIA requires us to establish and implement • Develop and implement policies, annually. strategies and activities that deliver a high standard of services to Traditional Owners to get back country, to look after country, to get control of the future and to have a strong organisation • Develop and implement sound, appropriate and effective planning and review processes and documents 3 VALUES Operational • Achieve real benefits, long-term The KLC, as a peak Kimberley Aboriginal outcomes and realistic aspirations organisation, is dedicated to the development through a commitment to social justice, of a modern, sophisticated and innovative reconciliation and equality service to our members. The KLC is conscious of the dynamic pressures in contemporary • Protect Country and Culture — Land, Law Aboriginal society and emphasises the role of and Language communities in managing those pressures. • Promote sustainable connection to country The KLC is a community-driven organisation, • Act in the best interests of Traditional charged with the responsibility to protect, Owners through effective management enhance and give formal legal, social and and fully informed decisions political status to the customs, laws and traditions of Kimberley Traditional Owners, in accordance with the following values.: Organisational • Respect for our law and culture • Respect for our elders and stakeholders • Fair and transparent decision making • Effective and open communication • Working in Partnership • Trust and loyalty • Justice and equality for Indigenous people • Cultural diversity 4 | Kimberley Land Council Annual Report 2010-2011 Part One Introduction us | About Introduction The Kimberley Land Council has experienced Contacts rapid growth in recent years. While our activities, Co-Chairs: Tom Birch and Frank Davey fulfilling our role as a Native Title Representative Acting CEO: Nolan Hunter Body (Native Title Representative Body) remain the core business of our organisation, we ICN: 21 have expanded, to include a broad range of Telephone: (08) 9194 0100 programs and activities that help us to achieve Fax: (08) 9193 6279 the vision of our members. That vision is: to get Email: [email protected] back country, to look after country, get control www.klc.org.au of our futures and to have a strong organisation. 36 Pembroke Rd As part of our Native Title Representative Body PO Box 2145 funding agreement with the Commonwealth Broome WA 6725 Government, the KLC is required to present detailed technical information on Native Title Representative Body functions in its Annual Report. This information is included in this report. Also included is information on the other aspects of the organisation which reflects the full diversity of operations. As a result, the Annual Report 2011, is organised under four main headings: • Getting back country • Getting control of our future • Looking after country • Having a strong organisation This way of presenting the Annual Report is in line with our Strategic Plan and will make it easier for members to see what the KLC is doing, what it has achieved and the future direction of the organisation. 5 Part One Message from the Chairmen Introduction us | About Kimberley Traditional Owners are working to for our people so we can utilise our knowledge create strong futures for our people. of country while proving jobs and an income stream for remote communities. Our old people have long held a vision to create sustainable communities in the Kimberley. Everything we do at the KLC, is about finding the right balance between economic development As a result, we have been doing business and conservation. differently, working to ensure our people are provided with employment, training and We have also been working with Traditional business opportunities that complement our Owners to negotiate positive agreements that thriving culture, knowledge of country and will provide Kimberley Aboriginal people with wealth of our country. life changing benefits. Everything we do at the KLC stems from native The KLC has negotiated historic agreements title. More than 65 per cent of the Kimberley that put Kimberley Traditional Owners in the is determined native title land. This gives our strongest possible position to make informed people rights in many forms. The right to make decisions and create positive opportunities. agreements about our country, the right to Many agreements negotiated by the KLC on manage our country, but also the right to want behalf of Kimberley Traditional Owners have set a better future for our people by finding a new national standards for agreement making and way to live off our land. what can be achieved for Aboriginal people. We have 13 ranger groups in the Kimberley, The KLC continues to be a strong organisation providing full-time jobs for our men and which achieves positive outcomes for our women. Our Rangers are role models and are members. having a positive impact on our communities