LAND RIGHTS NEWS northern edition January 2014-Edition 1 “Our Land, Our Sea, Our Life” www.nlc.org.au Mara dance, tradition on show MATHIAS HAMMER, 18, is a member of the Mara dance group, one of a number of traditional dance groups from Borroloola. Here, Mathias was performing at the opening ceremony of Western Desert Resources’ Roper Red operations, at Bing Bong, about 700km south-east of Darwin. The dance group often performs at festivals, NAIDOC and other events. Last year in October, the Mara dance group were special guests at the Mbantua Festival in Alice Springs. • WDR opening ceremony-P10 Picture: DARREN MONCRIEFF 2 - Land Rights News-Northern Edition www.nlc.org.au - January 2014 Court endorses Rio Gove agreement THE Northern Land Coun- on February 3 this year. Gondarra and the NLC, that his views,” she said. cil’s (NLC) negotiations under Dr Gondarra claimed that claim was “substantially about Justice Kenny referred in her the Land Rights Act which led the Minister could not have the lack of consultation (by the judgement to the “substantial in May 2011 to the lease and been properly satisfied that the NLC) of his group (the Dhurili autonomy” of land councils. royalties agreement between NLC had complied with its duty Nation) in their supposed capac- She rejected the notion, traditional Aboriginal owners to consult with the traditional ity as the traditional Aboriginal advanced by lawyers for Dr at Gove and Rio Tinto Alcan Aboriginal owners and other owner.” Gondarra, that the Minister for (RTA) have been effectively Aboriginal people interested in “… if Dr Gondarras’s group Indigenous Affairs had a super- endorsed by the Federal the land under lease. had been recognised as the tra- visory role when land councils JUSTICE Susan Kenny. Court. Dr Gondarra has long dis- ditional owner then this would negotiated agreements. In the Federal Court, Dr puted the ownership of the land have been a tenable complaint; That, the judge said, “is apt contractors. Djiniyini Gondarra, for a group known as the red mud ponds. but his group was not so recog- to conceal both the role and ex- 1976 - First Gove Agreement of clans known as the Dhurili His claim to be a traditional nised and the complaint was not pertise of land councils, and the (expiring 29 May 2011, no Nation, challenged the decision owner has equally long been therefore sustainable.” amenability of their processes to right of renewal). of Federal Indigenous Affairs rejected by the NLC, for reasons Rather, Dr Gondarra was con- judicial supervision”. 2007 - Commissioning of $3 Minister Jenny Macklin to con- which include its basis of matri- sulted by the NLC as an Aborig- It would also allow an billion expansion of alumina sent to the lease and approve the lineal descent. inal person who had an interest Aboriginal group to re-agitate refinery. agreement. The NLC’s position, based in the land and was potentially an unfavourable land council 2008 - Consultations and The lease by the Gumatj, on anthropological research, has affected by the agreement and decision before the Minister. negotiations begin for new Rirratjingu and Galpu clans fa- been that Yolngu clans, in par- the lease. Justice Kenny rejected all the lease. cilitates the disposal of red mud ticular the traditional Aboriginal Of those consultations, grounds of Dr Gondarra’s case, 2011 - On 26 May, Minister and other effluent from RTA’s owners as defined in the Land Justice Kenny said there was including the proposition that he Macklin approves new lease bauxite refinery at Gove. Rights Act, are organised on the “simply no evidence that Dr had been denied natural justice and royalties agreement. Dr Gondarra’s legal chal- basis of patrilineal descent. Gondarra and his group were or procedural fairness. 2013 - In March, legal lenge was heard over five days In court, Dr Gondarra did not told sufficiently what was challenge to Minister’s in March 2013 in the Federal not, in fact, challenge the NLC’s proposed”. Timeline of events approval heard in Federal Court at Melbourne before Jus- position, but Justice Kenny said “It was also apparent that Dr 1969 - Gove operation starts. Court, Melbourne. tice Susan Kenny. it was clear, from correspond- Gondarra and his group had am- 1972 - Bauxite mining 2014 - In February, court She dismissed the challenge ence between lawyers for Dr ple opportunity to present their begins: 900 employees, 600 dismisses legal challenge. Land Rights News-Northern Edition is SUBSCRIBE published by Samuel Bush-Blanasi for the CONTENTS LAND RIGHTS NEWS Northern Land Council. NEWS Projected publication dates: Concerns over haulage on Roper -NORTHERN EDITION April 2014, July 2014, October 2014, Highway -page 4 January 2015. CEO keen for the challenge-page 5 The Land Rights movement needs a Advertising national voice. Land Rights News- Customary law -pages 6-7 Classifieds: quarter-, half-, Northern Edition plays a vital role in this. How the NLC played a key role in full-page available (contact numbers below). Support the Land Rights movement and north-south rail link -page 8 Land Rights News-Northern Edition by Contributions There’s Red in them hills -page 10 Land Rights News-Northern Edition welcomes subscribing below: Will we again ignore history and news items and photos regarding Aboriginal fail on the Ord? -page 11 Name: people and Aboriginal organisations. Ranger conference -pages 12, 13 Deadlines For photographs and copy: 2 weeks before Study raises questions on home Address: publication; For advertising copy: 1 week ownership -page 15 before publication date. Jilkminggan’s new book -page 18 Contact the editorial team for more info at: Landcare awards for two Postcode: Land Rights News-Northern Edition community groups -page 20 GPO Box 1222 Phone: ( ) Darwin SPORT 2014 subscription fee: $30 a year. Northern Territory 0801 Gumatj in Hottest 7s -page 21 International: US$50 airmail, Jake finds his feet in AFL -page 22 Subscriptions US$35 surface Wadeye’s island home -page 23 GPO Box 1222, Darwin, NT, 0801. media@nlc. Nominate for marathon -page 23 Further donation: $ org.au; www.nlc.org.au Ph: (08) 8920 5100 Fax: (08) 8945 2615. Send your subscription to: DANCE Land Rights News-Northern Edition The moves that made him-page 24 GPO Box 1222, Darwin, NT, 0801. January 2014 - www.nlc.org.au NEWS Land Rights News-Northern Edition - 3 Taking a Legal hostilities end different approach in failure for ORIC THE Office of the Regis- ATTEMPTS by the Office of the Regis- Carey in December last year. Neither had trar of Indigenous Corpo- trar of Indigenous Corporations (ORIC) ever done any business for which it had been rations (ORIC) has taken to have legal sanctions imposed against established and Mr Carey followed the same an uncompromising and dozens of small Aboriginal corporations course as Ms Oliver, discharging them with- determined approach within the Northern Land Council’s juris- out conviction. The main director of one of in its failed attempts to diction have failed in court. the corporations was a 96-year old traditional achieve convictions for The NLC’s legal branch helped get the owner who lives on a small island. non-compliance against corporations out of trouble, but not before “It is fairly trivial this matter, because it is small corporations within ORIC and the Commonwealth Director of not like a tax matter where there is taxation the Northern Land Coun- Public Prosecutions expended considerable payment being avoided,” the Magistrate said. cil’s jurisdiction. investigative and legal resources pursuing In both cases before Mr Carey, ORIC had But, inexplicably, the them. served warning notices on solicitors who same ORIC has chosen a Two Northern Territory magistrates have no longer acted for the corporations, even much more sympathetic declined to record any convictions against though both solicitors had long before ad- approach in the way it the corporations, and resisted arguments to vised ORIC in writing that they had stopped deals with Aboriginal cor- subject them to a bond. being official representatives. porations overseen by the ORIC is a commonwealth statutory Mr Carey identified the problem for Central Land Council. authority which administers the unwieldy ORIC. “It is rather difficult for you [the ORIC has relaxed the Corporations (Aboriginal and Tories Strait prosecutor] to sit there now and say, ‘We rules it has previously Islander) Act (the CATSI Act). About 2500 want a conviction because they [the corpora- applied to 76 corporations ORIC’s 2012-13 Yearbook. Image: ORIC Indigenous corporations are registered under tions] didn’t comply, when all of our notices within the CLC’s bounda- the Act, and they’re required to submit an- ing obligations of the corporation.” In one went astray and our office, or ORIC’s office, ries. nual reports of differing complexity accord- case, a surviving director was in her late 70s, was informed of the correct situation and Instead of having to ing to their size. blind and living in care in Katherine. didn’t alter its records accordingly’.” hold an annual general The first round of prosecutions by ORIC, The NLC was in early negotiations Mr Carey said ORIC’s flawed record meeting and lodge a report against nine small corporations, was dealt with ORIC to assist corporations within its keeping was one of several factors he took each year, the corpora- with by Magistrate Sue Oliver in the Darwin domain comply with the CATSI Act, and to into account in refusing to enter convictions. tions will now be required Magistrates Court in June 2012. All nine head off prosecutions. The NLC gave assur- The very organisation that was attacking to do so only every three pleaded guilty to not having filed annual ances that the corporations, having realised small Aboriginal corporations of no com- years.