KIMBERLEY LAND COUNCIL No. 1 APRIL 2017 • GETTING BACK COUNTRY • CARING FOR COUNTRY • SECURING THE FUTURE PO Box 2145 | Broome WA 6725 | Ph: (08) 9194 0100 | Fax: (08) 9193 6279 | www.klc.org.au BILBY NEWS RANGERS TACKLE BILBY CONSERVATION FULL STORY PAGE 16 Kimberley Aboriginal people have say on Constitutional reform KimberleyKimberley and and Pilbara Pilbara Aboriginal Aboriginal people people came came together together in Broome in Broome over the on weekend the 10th, for 11than and important12th of February meeting discussingfor an important Constitutional meeting reform. discussing Constitutional reform. Co-convenedHosted by the byKimberley the Kimberley Land Council, Land the Council, meeting the was meeting the second is the of second 12 First Nations in 12 First Regional Nations Dialogues Regionalbeing held Dialogues around the being country held to around help Referendum the country Council to help members Referendum hear Indigenous Council membersviews on changing hear Indigenousthe Australian views Constitution. on changing Read the more Australian on page Constitution. 6. Read more on page 6. NEWSLETTER APRIL 2017 1 Looking back on the KLC 2007 - 10 YEARS AGO Noonkanbah native title recognised After nine years of proceedings, native title was recognised for Noonkanbah on 27 April 2007. The decision gave Indigenous people rights over 1,811 square kilometres. The decision was handed down on country in the bush setting of the Yungngora community, on Noonkanbah Station. 2002 - 15 YEARS AGO Karajarri determination Karajarri people marked the 15th anniversary of their native title determination on March 12. The Karajarri consent determination was the second to be recognised in the Kimberley with native title granted across 24, 275 square kilometers of country. The Federal Court determination recognised the Karajarri people as the rightful owners of their traditional lands. The remainder of the Karajarri native title claim was determined in 2004. 2 APRIL 2017 KIMBERLEY LAND COUNCIL Message from the Chairman Welcome to the first Kimberley Land Council state, national and international levels, and how newsletter for the year. It is amazing to think PBCs and the Kimberley Indigenous community that we are a quarter of the way through 2017, can benefit from this advocacy. with many exciting projects and developments already underway. I was happy to join friends from across the Kimberley and the Pilbara at the Referendum As you will be aware Western Australia held its Council’s Broome dialogue held in February. State Election on Saturday, 11 March 2017. The Almost 100 people attended the meeting which Labor Party won enough votes to take power, was about changing the Australian Constitution so we now have a new government in place. to better reflect modern day Aboriginal people. Congratulations to our own Josie Farrer who The gathering showed just what can be possible was re-elected to Parliament and also to Ben when we all come together for a common Wyatt who has been appointed Minister for goal, just like when the State Government was Aboriginal Affairs, Treasurer, and the Minister for threatening to close our communities. Finance and Energy. The Referendum Council is continuing to The Labor Party made some strong consult with Indigenous people around the commitments to the people of the Kimberley in country before a big meeting in Uluru in May. the lead up to the election. As the Aboriginal The Kimberley will be well represented at this representative body for the Kimberley, the KLC meeting, ensuring our voice on Constitutional will continue to monitor new policies closely to reform is heard. ensure they are in the best interests of our mob. We know that changes to the Heritage Act, Looking ahead, we have a busy few months funding for remote communities and regional with the National Native Title Conference projects like Water for Food will continue to be coming up in Townsville in June as well as our issues and we will keep you updated with any own preparations for a big ranger forum and developments. the annual KLC AGM, with 2017 also being a Festival year. The start of the year has already been very busy at the KLC with a big focus on building the I hope that all KLC members have been able to capacity of Kimberley Aboriginal organisations. enjoy the fantastic wet season. It is wonderful The KLC has an important role to play in helping to see country transform with the rain and PBC directors gain new skills and manage although it can make it tough to get around, business as their organisations continue on their it is wonderful to get out on country and journey to independence. We see the KLC as experience the beauty of our region. an organisation that can provide support and leadership to PBCs so that we can all work together to overcome common issues. We have also been sharing with PBCs what the KLC has been doing to advocate for our region at local, ANTHONY WATSON NEWSLETTER APRIL 2017 3 Developing PBC capacity Working together, sharing learnings, discussing issues of common interest and developing capacity were some of the key themes to come out of a regional meeting of PBC directors in Broome in February. The move to establish a Kimberley PBC Alliance also gained support among the more than 25 attendees from the same issues and challenges, people. The KLC will continue 12 PBCs in the region. so that is why we are bringing to support meetings that allow Kimberley Land Council Deputy people together so we can people to come together and Chief Executive Officer Tyronne all learn from each other,” Mr share ideas.” Garstone said a key focus area Garstone said. for the KLC is to help grow PBC Many directors voiced support “Sharing learnings and having capability and assist PBCs to a unified voice will enable for a PBC Alliance and will be tackle regional issues. Kimberley PBCs to continue to discussing the idea further at “We know that PBCs often face develop and look after their their PBC meetings. 4 APRIL 2017 KIMBERLEY LAND COUNCIL Why is the Native Title Act changing? The Australian Government However, in February 2017 the new legislation to change the is moving to pass changes to full bench of the Federal Court Native Title Act to remove the the Native Title Act, following decided that the signing of the uncertainty created about a Federal Court ruling ILUAs was ineffective and the previous agreements by the affecting Indigenous Land Use ILUAs could not be registered by decision. Agreements (ILUAs) across the the Native Title Registrar. country. Kimberley Land Council Chief In each case, the ILUAs were not Executive Officer Nolan Hunter On 2 February 2017, the Full signed by all the members of the said the KLC had be involved Federal Court of Australia Applicant. The Applicant in each in providing feedback on the delivered what is now known as native title claim is the person or proposed changes. the “McGlade” decision, relating persons whose names appear in to the signing of six ILUAs by the the title to the claim. “We are very keen to have our Noongar people in south-west say on what changes are made Western Australia. The decision overruled a to the Act as they will have an previous decision of a single impact for all Indigenous people The ILUAs had been under Federal Court judge in 2010 across Australia,” Mr Hunter said. negotiation with the State that ILUAs could be effective Government and Traditional and valid if signed by only “We are working closely with Owners for many years. The one member of a native title the National Native Title Council settlement that was reached Applicant. on this matter and will keep the meant that the native title Kimberley mob updated with parties would have received The decision puts into doubt any future developments.” $1.3 billion for surrendering any the validity of 126 ILUAs across right to claim native title in the Australia that have relied on that The South West Native Title south-west of WA. decision and been registered. Settlement is the largest native This includes four ILUAs in WA but title settlement in Australia to The ILUAs cover 200,000 square currently none relating to land or date and affects an estimated kilometres of land stretching waters in the Kimberley. 30,000 Noongar people. across from Jurien Bay to Ravensthorpe, including the The Australian Government is Perth metropolitan area. now attempting to introduce NEWSLETTER APRIL 2017 5 Kimberley Aboriginal people have say on Constitutional reform Kimberley and Pilbara Aboriginal people came “Our people need to see the opportunity that together in Broome on the 10th, 11th and 12th is before us. This is about achieving a successful of February for an important meeting discussing Referendum for something meaningful that will Constitutional reform. actually make a difference in our lives. Hosted by the Kimberley Land Council, the “The Constitution should respect our human rights meeting was the second of 12 First Nations and our rights as Indigenous peoples. The right to Regional Dialogues being held around the self-determination and the right to choose our own country to help Referendum Council members destinies. It means participation and consultation. hear Indigenous views on changing the Australian Constitution. “Our human rights should be protected through proper processes and procedures. Throughout the three-day event the group By guaranteeing us a say in our affairs and by heard from Referendum Council members Pat negotiating fairly when decisions are made.“ Anderson (Co-chair), Megan Davis and Noel Pearson who discussed the main questions relating The dialogues will culminate in the National to Constitutional reform that people need to Indigenous Constitutional Convention in Uluru later consider.