2014 Annual Report
Kimberley Land Council
Contents
2014 Annual Report
3
Contents
Introduction and Overview
4
Our Mission, Vision and Values
5
Message from the Chairman
6
Board of Directors
7
CEO Report
8
Our Organisation
Kimberley Land Council ............................................................................ 10
Organisation Structure .............................................................................. 12
Strategic and Operational Plans ............................................................... 14
Human Resources .................................................................................... 16
Performance Report
18
Native Title Claim Updates
20
East Kimberley .......................................................................................... 20
North Kimberley ........................................................................................ 22
Dampier Peninsula .................................................................................... 24
Desert Region ............................................................................................ 28
Central Kimberley ..................................................................................... 30
Looking After Country
32
Land and Sea Management Unit ............................................................... 32
Kimberley Rangers Network and Indigenous Protected Areas ................ 37
Financial Report for Year Ended 30 June 2014
Jila weather station
10
44
Directors’ Report ....................................................................................... 44
Auditor’s Independence Declaration ......................................................... 46
Statement of Profit or Loss and Other Comprehensive Income .............. 47
Statement of Financial Position ................................................................ 48
Statement of Changes in Equity ................................................................ 49
Statement of Cash Flows .......................................................................... 50
Notes to the Financial Statements ........................................................... 51
Directors’ Declaration ............................................................................... 67
Independent Auditor’s Report ................................................................... 68
Glossary
69
4
Introduction and Overview
Kimberley Land Council
Introduction and Overview
The Noonkanbah Protest March, 1978
T
he Kimberley Land Council
(KLC) was established in 1978
following a dispute between
Kimberley Aboriginal people,
the West Australian Government and
an international mining company at
Noonkanbah.
While fulfi lling our
role as a Native Title
Representative Body remains
the core business of our
organisation, we have expanded
to included a broad range of
programs and activities that
help us achieve the vision of our members
The KLC was set up by Kimberley
Aboriginal people as a regional
community organisation, to secure
the rights and interests of Kimberley
Aboriginal people in relation to their
land and waters and to protect their
significant places.
Inauguaral Noonkanbah meeting, 1978
The KLC has experienced rapid
growth in recent years. While
fulfilling our role as a Native Title
Representative Body remains the
core business of our organisation,
we have expanded to include a broad
range of programs and activities that
help us to achieve the vision of our
members.
As part of our Native Title
Representative Body funding
agreement with the Commonwealth
Government, the KLC is required
to present detailed technical
information on its functions in our
Annual Report. This report also
includes information on other
aspects of our organisation to reflect
the full diversity of our operations.
Our Mission, Vision and Values
2014 Annual Report
Our Mission, Vision and Values
Veronica Lulu and her granddaughter at Paruku
Our Vision
Our Mission
Our Values
The Kimberley Land Council is a
community organisation working for
and with Traditional Owners of the
Kimberley to get back country, look
after country and get control of the
future.
Aims
•Respect for our law and culture
•
•
•
•
•Respect for our elders and
stakeholders
To get back country
To look after country
To get control of the future
To have a strong organisation
Objectives
• I mprove the cultural, social and
economic wellbeing of Kimberley
Aboriginal people
• O
perate as an effective body to
secure rights for and deliver
the aspirations of Kimberley
Traditional Owners
• D
evelop and implement policies,
strategies and activities that
deliver a high-standard of
services to Traditional Owners to
achieve our vision
Bush berries, Gooniyandi country
• D
evelop and implement sound,
appropriate and effective
planning and review processes
and documents
• F
air and transparent decisionmaking
• E
ffective and open
communication
• Working in partnership
• Trust and loyalty
•Justice and equality for
Indigenous people
• Cultural diversity
5
6
Message from the Chairman
Kimberley Land Council
Message from the Chairman
Frank Davey
Chairman Frank Davey
N
ative title is at the core of
our business and underpins
all of our work we do. In
the 2013 - 2014 reporting
period our organisation continued
to overcome the many challenges
to achieve a number of wins for
Kimberley Aboriginal people.
Through our determination,
professionalism and more than
36 years of experience, the KLC
achieved two major native title
determinations after more than
18 years. The Balanggarra native
title determination held on August
7, 2013 and the Nyikina Mangala
native title determination on May 29,
2014 were significant milestones for
the KLC and Kimberley Traditional
Owners. Both claims had endured
stalling tactics and delays from the
State Government and third parties
and as a result of failed negotiations
the KLC was preparing to litigate
the Nyikina Mangala claim through
the Federal Court. These claims,
as much as they were a time for
celebration also highlighted the
long and arduous process of the
native title system. The KLC has
long advocated for changes to the
Native Title Act and for native title
claims to be resolved with the State
Government and third parties by
consent rather than litigation.
Native title provides all parties with
certainty and this is an advantage
for governments and third parties, in
that native title clearly identifies who
the landowners are making it easier
to work with Traditional Owners on
access, governance, development
and research projects and land and
sea management. Native title needs
to be viewed, not as an inconvenience
but as a tool to enable positive
social and economic development
opportunities for Aboriginal people
and all Australians.
At the end of the reporting period,
more than two thirds of the
Kimberley was determined native
title land. This is a big achievement
but also highlights the changing
nature of native title in the Kimberley
as we start to make the transition
from the pre-determination
phase into the post-determination
environment. The role of the KLC is
also changing with the development
of Registered Native Title Bodies
Corporate or PBCs as more claims
are determined. There are currently
13 PBCs in the Kimberley, all at
various stages of development.
Some are independent and selfsufficient; others are capable but
under resourced and some are
struggling. At the KLC, we provide
a range of services to assist native
title holders make the change to the
post-determination environment.
This includes setting up and
registering PBCs, working to develop
governance structures, providing
administrative support, skill
enhancement, strategic business
development and training and legal
and financial support.
The Federal Government in the
reporting period finalised a review
of the role and function of Native
Title Representative Bodies as a way
to assess the current environment,
and plan for the future of native
title. Although it was positive to
see the Government acknowledge
the difficulties faced by Native Title
Representative Bodies and PBCs as
we move into the post-determination
environment, the report failed to
address how the capacity of the
RNTBCs will be sustained into the
future and did not clarify the role of
Native Title representative bodies
in providing assistance to RNTBCs.
Building the capacity of PBCs to
operate as efficient and sustainable
businesses is the key to realising our
aspirations of building a stronger
future for the next generation. It
is important we work to get this
right. The KLC will continue into
the next reporting period to work
with Traditional Owners to achieve
native title outcomes across the
region in the pre-determination
environment. We are also committed
to assisting native title holders in the
post-determination environment,
ensure their native title rights and
interests are utilised and used to
provide opportunities, improve
socioeconomic conditions and
strengthen cultural connection.
The KLC would not be the strong
organisation it is without the vision
and leadership of its directors and
support of its members. I would
like to thank our directors for their
ongoing guidance, determination and
foresight and our members for their
unwavering support and loyalty to
the organisation.
Frank Davey
Board of Directors
2014 Annual Report
Board of Directors
KLC Board as at June 30, 2014
CEO Nolan Hunter
DCEO Frank Parriman
Chairman Frank Davey
Irene Davey
Joe Brown
Joe Davey
John Watson
Wayne Bergmann
Albert Cox
Anthony Watson
Bonnie Edwards
Francis Djiagween
Frankie McCarthy
Kathy O’Reeri
Lennie Hopiga
Marty Stevens
Merle Carter
Mervyn Street
Patsy Bedford
Pearl Gordon
Percy Bulgardie
Serena Samuel
Shirley Purdie
Tom Birch
Tom Lawford
Yvonne Birrell
7
8
CEO Report
Kimberley Land Council
CEO Report
Nolan Hunter
claims across their country as a way
to speed-up and resolve native title.
The KLC also invested significant
resources to conduct a substantial
amount of work across the east
Kimberley in order to progress a
number of native title claims located
in the south-east corner.
CEO Nolan Hunter
O
ur organisation has been
extremely successful at
securing native title rights
for Kimberley Aboriginal
people, with about 70 per cent of the
region determined native title land.
Our success stems from the strength
of our mob, Kimberley Aboriginal
people, who have stood together as
one to tackle regional challenges,
support each other and campaign for
improved rights.
In the reporting period, our focus
has been to ensure that Kimberley
Aboriginal people are utilising their
native title rights and interests to
create strong governance structures
underpinned by culture, to develop
business and job opportunities and
to manage Aboriginal-owned land.
There are still many groups in
the Kimberley that are waiting for
their land rights to be recognised
in Australian law. In the reporting
period we continued to work with
Kimberley Traditional Owners to
progress as many claims as possible.
This included lodging the new
Bindunbur claim across the Middle
Dampier Peninsula. This claim
provides a new approach to resolving
native title as Traditional Owners
decided to strategically consolidate
The determination of the
Balanggarra and Nyikina Mangala
native title claims, after more
than 18 years were standout
achievements in the 2013-2014
reporting period. The on-country
determinations were cause for great
celebration and a time to remember
the elders past that had started the
process all those years ago.
Our success stems
from the strength of our mob,
Kimberley Aboriginal people,
who have stood together as one
to tackle regional challenges,
support each other and campaign
for improved rights
Our focus has been to make sure
that we are using our native title
rights to the full extent. In the
reporting period, the Balanggarra
and Karajarri people used their
native title rights to declare
Indigenous Protected Areas
across their country. Indigenous
Protected Areas empower Kimberley
Aboriginal people to use their
exclusive possession native title
rights to manage their country and
develop strategic plans to create
sustainable businesses based on
culture and country. There are eight
Indigenous Protected Areas across
the region, forming the largest
conservation corridor in northern
Australia.
In the reporting period, north
Kimberley Traditional Owner groups
were the first in Australia to use
their exclusive possession native title
rights to register carbon businesses
on their country. Indigenous
involvement in the carbon economy
provides a win-win situation as
it not only enhances the natural
health of the environment but
creates business and employment
opportunities and an income stream
in remote Aboriginal communities.
The future of carbon abatement in
Australia and the involvement of
Aboriginal people is uncertain, as the
Federal Government looks to make
changes to the Carbon Farming
Initiative legislation that could
detrimentally impact on Aboriginal
carbon projects in the reporting
period. The KLC worked to inform
Federal Government ministers of
the benefits of Indigenous carbon
projects and lobby for continued
support.
Further work was also conducted to
continue to establish an international
network of Indigenous land and sea
managers. Following on from the
momentum gained at the World
Indigenous Network Conference
in Darwin in May 2013, Kimberley
Traditional Owners attended the
WILD 10! Conference in Spain
in October 2013 and the United
Nations Permanent Forum on
Indigenous Issues in New York in
May 2014. Kimberley delegates
presented at both conferences on the
development of cultural businesses
in the region, while the KLC also
hosted a side event at the United
Nations forum. With an increase in
Indigenous environmental activities,
now is the time to forge stronger
CEO Report
2014 Annual Report
Traditional Owner John Watson with his grandson and Justice John Gilmour at the Nyikina Mangala native title determination, May 2014
networks with other first nation
peoples internationally. Through
bringing together Indigenous-led
initiatives, we will be able to not
only share knowledge and learn
from each other’s experiences,
but appreciate the cumulative
affect these projects are having in
protecting the environment on a
global scale.
Our focus on maximising native title
rights and interests in the Kimberley
is part of the KLC’s long-term
strategy and will continue into the
next reporting period. We will also
continue to lobby State and Federal
Governments on crucial Indigenous
issues including Aboriginal heritage,
the Carbon Farming Initiative,
the future role of Native Title
Representative Bodies and the
development of northern Australia.
We will also work to advocate
for Constitutional recognition of
Indigenous people and improved
native title rights.
The next year promises to be an
exciting time with the completion of
our new office complex in Broome.
The purpose-built facility will bring
all our staff together, provide a
happy and healthy work environment
and will enable the KLC to continue
to achieve positive outcomes for
Kimberley Aboriginal people.
The KLC has continued to grow
because of our solid support
base and I would like to thank our
members and directors for standing
behind the organisation, their
continued support, determination
and vision. We also work with
a range of project partners to
deliver results and I would like
to acknowledge their on-going
commitment and backing. I would
also like to acknowledge the staff
at the KLC, who often work in
challenging conditions and with
limited resources but always manage
to get the job done and achieve the
very best for Kimberley Aboriginal
people. Together, we will continue
to achieve our vision of get back
country, look after country and get
control of the future.
Nolan Hunter
9
10
Our Organisation
Kimberley Land Council
Our Organisation
Kimberley Land Council
while providing facilitation and
representation to our clients in
the mediation and negotiation of
agreements.
In doing this, the KLC meets its
requirements as a Native Title
Representative Body to:
•Research, prepare and progress
native title applications
Yirrkala dancers perform “Yam Dance’ on arrival at the original Noonkanbah meeting, 1978
T
he Kimberley Land Council
was borne out of the epic land
rights battle in 1978, when
Kimberley Aboriginal people
travelled to defend sacred sites
at Noonkanbah from plans by the
Western Australian Government and
international mining company AMEX,
to explore and drill for oil.
The KLC was formed by Aboriginal
people for Aboriginal people, and
is one of the three peak Indigenous
organisations in the Kimberley
working with Traditional Owners to
protect and strengthen land, law,
language and culture.
Kimberley Aboriginal people have
been strong advocates for land rights
since the KLC was started in 1978.
The KLC was recognised in May 2000
as the Native Title Representative
Body for the Kimberley region in
Western Australia pursuant to
s230AD of the Native Title Act 1993,
(Cwth) (NTA).
Our Native Title Representative
Body operations are funded by the
Department of Prime Minister and
Cabinet.
Some of our other activities at the
KLC are supported by State and
Federal Governments, philanthropic
organisations, environmental groups
and self-generated income.
The KLC is incorporated under
the Corporations (Aboriginal and
Torres Strait Islander) Act 2006 and
operates under the Native Title Act
(1993).
Role and Functions
NTRB – Legislation
The KLC provides native title services
to Kimberley Aboriginal people. The
following primary functions of the
organisation are prescribed by the
Native Title Act 1993 (Cth):
Facilitation and Assistance
The KLC strives to provide its
clients with the highest standards
of representation for achieving
positive native title outcomes. In the
reporting period, the KLC worked
with native title claimants, native title
holders and Registered Native Title
Bodies Corporate (PBCs) to prepare
and progress native title applications
•Represent and facilitate
consultations, mediation,
negotiation and proceedings
relating to native title applications
such as Future Acts, Indigenous
Land Use Agreements (ILUAs)
and any other native title matters.
Native Title Assistance
During the 2013/2014 reporting
period, the KLC provided native title
assistance to 25 native title claims
and 13 Registered Native Title
Bodies Corporate (RNTBCs) within
the Kimberley region. Throughout
the year, the number of claims has
fluctuated to take into consideration
the filing of new claims and the
determination or withdrawal of
others.
All the native title claims the KLC
provides facilitation and assistance
to are important, but with the
limited resources available, not
all claims can be progressed at
the same time. Claim priority
assessment determines the direction
of organisational activities. The
prioritisation of claims is informed
by, but not limited to, resourcing
considerations, Federal Court case
management priorities and the
availability of suitably qualified
expert consultants.
The KLC also provided assistance to
a number of Registered Native Title
Our Organisation
Prescribed Bodies Corporate (PBCs)
in relation to establishment, meeting
assistance, expert advice, resources,
governance and compliance matters.
There is a high level of demand for
the KLC to provide assistance in the
post-determination environment
as most Registered Native Title
Prescribed Bodies Corporate have
limited capacity and resourcing to
carry out its functions.
Certification
In line with its statutory
responsibilities, the KLC certifies
native title applications for the
determination of native title and
applications for the registration of
Indigenous Land Use Agreements.
Complaints and Dispute Resolution
– Mediation
The process for achieving successful
native title determinations affects all
Traditional Owners and often raises
difficult questions for claimants that
can cause conflict and disputes.
Disputes often arise, where the
Native Title Act is in conflict with
traditional law and customs. As a
result, the KLC is called upon to
assist in resolving these disputes.
The existence of disputes can have
a significant detrimental impact on
the ability of Traditional Owners to
exercise their native title rights and
interests, or to have those rights and
interests recognised.
For example, the existence of a
dispute might negatively impact:
•Priority for assistance from the
Native Title Representative Body;
•Registering a determination
application (because of adverse
impacts on certification or
authorisation processes);
• Responding to Future Acts; and
•Obtaining a determination of
native title – whether by consent
or litigation.
2014 Annual Report
The Kimberley Land Council will
not necessarily be able to resolve
all disputes. It is also a requirement
of the Native Title Act for the KLC
to make all reasonable efforts to
minimise the number of overlapping
native title claim applications. The
dispute resolution function provides
an important element to ensure the
KLC is responsible for streamlining
native title processes and improving
certainty for parties involved in
native title matters.
There are two separate types of
complaints:
•complaints about a decision of
the Grants Committee
•complaints about other decisions
or actions of the KLC or its staff
The KLC has a Grants Committee
that assesses new applications for
native title assistance. The Grants
Committee is made up of members
of the KLC Board and is responsible
for assessing and deciding on each
application.
In the reporting period, the KLC
received two applications for native
title assistance.
The KLC received no formal
complaints relating to a decision
made about an application for
assistance.
Notification
The KLC ensures that native title
holders and claimants are informed
about any Future Act notices that are
received and could potentially affect
native title rights and interests. The
KLC works to provide advice to native
title holders and claimants while
informing them of relevant time
limits in which to respond to any
such notices.
The KLC also has its own internal
notification process for informing
native title holders and claimants
of any claim group meetings. The
KLC endeavours to keep extensive
and up-to-date claim group member
lists and contact details. Native title
holders and claimants are notified
of claim group meetings through
posted and hand-delivered letters,
emails, phone calls, the posting of
notices on public boards throughout
the Kimberley and advertising in
local newspapers.
Agreement-making
The KLC represents all native
title claim groups and facilitates
negotiations for agreement-making
with third parties in relation to native
title. The KLC has been extremely
successful at negotiating positive
agreements, such as Indigenous
Land Use Agreements, Native Title
Agreements and State Agreements
on behalf of Traditional Owners.
Internal Review
The KLC has a Grants Committee
that assesses new applications
for native title claim assistance.
The committee is comprised of
KLC directors and assess each
application before making a decision.
If the Grants Committee rejects an
application for assistance, the KLC
gives clear, written reasons for that
decision and lets the applicants
know about their right to have the
decision reviewed. The applicants
can seek to have the decision
looked at again by the KLC’s Review
Committee. The Review Committee
is made up of the KLC Chairperson
and four directors (who were not on
the original Grants Committee).
The Review Committee assesses
the application and determines if
the decision made by the Grants
Committee was fair and proper. If
the applicants are still not satisfied,
they can request to have the decision
reviewed under the Administrative
Decisions (Judicial Review) Act, 1977
(ADJR), and s203FB of the Native
Title Act (1993).
11
12
Our Organisation
Kimberley Land Council
Our Organisation
Organisational Structure
KLC Board
KLC CEO
KLC Deputy CEO
Corporate
Services Unit
Finance
Unit
Executive Roles and
Responsibilities
Board of Directors
The KLC Board of Directors provides
leadership and direction to the
organisation and ensures it operates
properly and fairly on behalf of all its
members. At the end of the reporting
period, the Board of Directors was
comprised of 26 people representing
the majority of native title claim
groups across the Kimberley. Five
special advisers are included in
the board and work with directors,
members and Traditional Owners to
provide expert cultural advice, offer
support and guidance.
KLC Chairman Frank Davey and KLC
Deputy Chairman Tom Birch are
responsible for making sure the KLC
functions effectively. They provide
leadership to the KLC, the Board
of Directors, the CEO and staff.
They also act as the spokesmen of
the organisation and the interface
between the KLC and the broader
community.
Legal
Unit
The KLC Board of Directors meets
a minimum of four times a year to
set the direction of the organisation,
establish priorities and direct the
development of the strategic and
operational plans.
Directors are elected to the board
every two years, with the next
election to be held in September
2014. The table on the following
page provides a list of KLC Directors
meeting attendance between July
2013 to June 2014.
Native Title
Services Unit
Land and Sea
Management Unit
Corporate Governance
Corporate Governance
The KLC has an effective corporate
governance structure that enables
the organisation to deliver on its
mandate and achieve native title
outcomes for Kimberley Aboriginal
people.
In June 2014, a contingent of KLC
Directors attended the National
Native Title Conference in Coffs
Harbour and took part in a variety
of sessions addressing the current
issues and trends in native title.
The KLC conducts regular corporate
governance planning at both a
strategic and operational level to
ensure our organisation is achieving
its mission, vision and values.
Regular reporting to the Board of
Directors, KLC members, partners,
funding bodies and staff ensures key
stakeholders are kept informed of
our activities and our organisation
remains on track to realise its
strategic goals.
Some directors also attended
the WILD10! Conference in Spain
October 2013. The conference
provided a networking opportunity
to work with other Indigenous
land and sea managers to tackle
environmental challenges on a
global scale.
Stringent financial and operational
procedures are maintained
and applied to make sure the
organisation is effectively managed.
The KLC employs a Chief Financial
Officer, who is a Chartered
Accountant and forms part of the
KLC’s senior management team.
Director training and development
Our Organisation
2014 Annual Report
KLC Board of Directors meeting attendance July 2013 to June 2014
However, the KLC continues to
struggle to reduce ever-increasing
costs amid a lack of resources.
Holding on-country meetings and
providing travel and accommodation
arrangements for Traditional
Owners, directors and staff is
becoming increasingly challenging,
particularly when working in
extremely remote parts of the
Kimberley.
Director
No. of meetings out of 3
Albert Cox
3
Anthony Watson
3
Bonnie Edwards
2
Francis (Lulga) Djiagween
2
Frank Davey
3
Frank Parriman **appointed at Sept 13 meeting
3
Frankie McCarthy
3
Josie Farrer *resigned in reporting period
1
Kathy O’Reeri **appointed at Dec 13 meeting
2
Lee Bevan *resigned in reporting period
1
Lennie Hopiga
2
Marty Stevens
2
Mary Tarran *resigned in reporting period
1
Merle Carter
3
Mervyn Street
2
Nolan Hunter
3
Patsy Bedford
2
Pearl Gordon
2
Percy Bulgardie
1
Serrena Samuel *resigned in reporting period
0
Shirley Purdie
2
Tom Birch
3
Tom Lawford
3
Yvonne Birrell
2
•Sue Humphries – Chief Financial
Officer
Irene Davey
3
•Jacki Cole – Principal Legal
Officer
Joe Brown
3
Joe Davey
3
John Watson
2
Wayne Bergmann
2
Special Advisers
The senior management team meets
regularly to review progress and
ensure any upcoming or potential
issues are dealt with to reduce any
financial or operational risk.
The KLC acknowledges the support
of the Department of Prime Minister
and Cabinet and other funding
bodies which support the KLC on
operational and activity-based
programs.
KLC Management Team
The Kimberley Land Council
management team is responsible
for the management of staff and
organisational performance
As the Chief Executive Officer
of the Kimberley Land Council,
Nolan Hunter is responsible for
the day-to-day operational and
administrative management of
the KLC, including overseeing the
operations of the Deputy CEO,
corporate services, financial, legal,
land and sea management and
native title services units. The CEO
is the interface between the Board
of Directors and KLC staff. The CEO
also works to achieve the strategic
aims of the organisation.
The CEO is assisted by a
management team comprising:
• Frank Parriman – Deputy CEO
• E
rika Blades – Native Title
Services Unit Manager
•Christine Robinson – Native Title
State Activities Manager
• R
achel Townes-Vigh – Corporate
Services Manager
•Ariadne Gorring – Land and Sea
Management Unit Manager
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Our Organisation
Kimberley Land Council
Our Organisation
Strategic and Operational Plans
Salary Levels and Awards
Remuneration of all KLC staff
members is determined by the
Kimberley Land Council Enterprise
Bargaining Agreement 2011-2013.
Salary scales within the document
relate to a performance assessment
scheme and staff performance
is reviewed on an annual basis.
Eight employees from within the
management team were paid more
than $100,000 in the reporting
period.
Risk Management
Fishing at sunset, Gooniyandi country
T
he KLC is guided by the 20112016 Strategic Plan which
sets out the organisation’s
long-term goals and
strategies, in line with our vision and
values. It also defines our overall
strategy for achieving native title
and other outcomes for Kimberley
Aboriginal people.
The KLC Operational Plan 20132014 sets out the short-term goals
our organisation aims to achieve
within the reporting period. It is a
tool for managing native title and
other activities, in line with the KLC’s
policies, procedures and funding
requirements.
The KLC’s outputs were generally
completed in accordance with the
performance targets set out in the
Operational Plan. In the reporting
period, the KLC achieved the
majority of its targets.
Completion of performance outputs
is significantly assisted when all
parties adopt a position in favour of
mediation and negotiation rather
than litigation.
Planning and Reporting
The Kimberley Land Council
Strategic Plan 2011-2016 guides
the organisation’s long-term focus
and direction. The KLC’s yearly
Operational Plan sets performance
targets and goals to ensure the KLC
carries out its mission statement and
vision. The KLC management team
has monthly meetings to provide
regular updates on operations as
well as strategic planning meetings
in which to review performance
and track achievements. The KLC
provides ongoing progress reports
to the Department of Prime Minister
and Cabinet.
The KLC has maintained and applied
stringent financial and operational
procedures to ensure that adequate
information is available for the
effective management of the
organisation. The KLC employs a
Chief Financial Officer, who is a
Qualified Chartered Accountant, to
manage the financial affairs of the
organisation. The KLC also retains
an Auditor to assist the organisation
with financial management,
compliance and risk analysis.
The management team meets
regularly to review progress and
identify upcoming issues and
regularly reports back to the Board
of Directors. The KLC is pro-active
in identifying potential financial
and operational issues to ensure
appropriate action is taken to
minimise or exclude those risks.
The KLC also has an internal audit
committee to ensure proper controls
are in place, consider any matters
relating to the KLC’s financial affairs,
review procedures relating to risk
management, and monitor external
service providers.
Our Organisation
2014 Annual Report
Ethical Standards
All Kimberley Land Council
employees are required to maintain
high standards of honesty, integrity
and respect while behaving in an
appropriate and fair manner.
Employees also conduct their work
in accordance with the ethical
standards relevant to their particular
professions and codes of conduct.
Staff performance guidelines are
included in the KLC’s policies and
procedures and the KLC Code of
Conduct.
External Scrutiny
The State Government finalised an
external audit of the Kimberley Land
Council’s former Regional Solutions
Unit during the reporting period and
found no major concerns in relation
to the review.
An annual financial audit was
conducted by UHY Haines Norton
and can be found in the Financial
Statements section of this Annual
Report.
Monroe Springs, Karajarri country
to manage the resolution process,
allocate a priority response time and
to case manage responses required
to deal with the complaint.
Complaints
The KLC received four complaints in
the reporting period. The complaints
were resolved in accordance with our
complaints process outlined as part
of the KLC’s policies and procedures.
There were no judicial or
administrative tribunal decisions
in relation to the KLC during the
reporting period, other than legal
decisions that affected native title
decisions generally.
Native Title Disputes
Service Charter Standards
There were no formal disputes
relating to native title applications,
Indigenous Land Use Agreements or
rights of access reported in 20132014.
The KLC has no service charter
or customer service standards
but uses a process of complaints
management instead.
Detailed information on how
a complaint can be made and
managed is publicly available and
can be found on the KLC website at
www.klc.org.au.
Written complaints are referred
to the Chief Executive Officer, or
delegate for assessment. In cases
where it is appropriate to respond,
the Chief Executive Officer refers the
complaint to an appropriate person
It is the KLC’s policy to endeavour to
resolve all disputes relating to native
title applications by consultation at
claimant meetings and during the
course of claim preparation.
KLC Office Facility
Construction of the KLC’s new
purpose built office facility in
Broome started on July 22, 2013.
The $15 million project will provide
office, resources, and warehouse
space on two levels at the KLC’s
Gregory Street site. The state of the
art building will include conference
facilities and meeting rooms as
well as a commercial kitchen,
records management facilities and
equipment storage.
The new office has achieved a 4
Star Green Star – Office Design
v3 certified rating from the Green
Building Council of Australia,
which means that the building has
been designed to ‘best practice’
environmental standards.
It is the first Green Star certified
building in WA, outside of Perth, to
achieve this rating.
The environmental features of the
building include a solar panel system
to reduce peak electrical demand by
30 per cent, water efficient designs,
small lighting zones, and the
diversion of construction waste away
from landfill.
At the end of the reporting period,
the office complex was still under
construction, with completion
expected in April 2014. Despite
delays to the construction, costs
remain within budget and on track.
Funding for the project was received
from the Australian Government’s
Regional Development Australia
Fund, the Indigenous Land
Corporation, the State Government’s
Royalties for Regions program and
Lotterywest. The Kimberley Land
Council also committed significant
resources to the project.
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16
Our Organisation
Kimberley Land Council
Our Organisation
Human Resources
KLC staff, May 2014
Workforce Planning, Staff
Turnover and Retention
Staffing levels continued to increase
with a total of 128 people employed
at the KLC on June 30, 2014.
The KLC also facilitates the
Kimberley Ranger Network, which
employed 69 full-time rangers, six
part-time administrative staff and
86 regular casual rangers in the
reporting period. Two rangers also
commenced direct employment with
the KLC as senior rangers following
completion of their traineeships,
while three rangers progressed
into Acting Ranger Coordinator
roles within the Kimberley Ranger
Network.
There were 47 recruitments during
the reporting period with 36% of
new recruitments being Indigenous
people.
Our staff turnover rate was 19%
which is a significant decrease on
the turnover rate of 26% in 20122013 and 35% in 2011-2012.
Indemnity Insurance
KLC staff are covered for
professional indemnity under the
Aboriginal Association Liability
(Professional Indemnity) to the value
of $10 million.
Learning and Development
The KLC is committed to providing
learning and development
opportunities to our employees.
Regular 4WD and first aid courses
are offered throughout the year
while the Kimberley Ranger Network
supports rangers completing a
variety of certifications including
Certificates in Conservation and
Land Management and Business,
literacy and numeracy training,
leadership and professional
development.
As part of attaining their practice
certificates the KLC Legal team
are required to attend compulsory
professional development. The KLC
continues its
partnership
with the
Aurora Project
and through
this staff have
been involved
with a number
of training
opportunities
directly related to native title
including courses such as
Management Development and
Native Title Law. In addition to the
Aurora Programs, the KLC has
provided other training opportunities
such as contracts management
Our Organisation
2014 Annual Report
Traditional Owner Annie Milgin with KLC lawyer Jemma Arman at the Nyikina Mangala native title determination, May 2014
training, Kimberley interpreting
training, project management,
leadership and a variety of
professional development courses
for individual staff members.
The KLC had a high number of
representatives attend the National
Native Title Conference in Coffs
Harbor.
Staff Numbers
NTRB Activity Summary
June 30, 2014
Complaints and Disputes
Full time
116
Complaints
Part time
12
Received
4
Male
67
Resolved
4
Female
61
Pending
0
KLC Enterprise Bargaining
Agreement
Under 25
3
Disputes
Indigenous
52
0
The KLC’s Enterprise Agreement
2011 – 2013 is currently in operation.
Negotiations have commenced for
the KLC’s Enterprise Agreement
2014 – 2017.
Total Employees
128
Native Title Application
disputes
Disputes relating to ILUAs,
rights of access and other
matters
0
Workplace Health and Safety
The KLC continues its commitment
to a safe working environment.
During the financial year 2013-2014,
two incidents were reported. We
have since taken steps to reduce
the risk or reoccurrence of any such
incidents.
Consultants, Competitive
Tendering and Contracting
The KLC awarded 59 Native Title
Representative Body consultancy
contracts in the reporting period.
Consultants were contracted to
undertake a range of services for
the KLC including providing legal
advice, expert anthropology services,
cultural services and other services
including corporate and financial.
Consultant and service contracts
expenditure for the 2013-2014
reporting period totalled $1,030,085.
Requests for review of decisions
not to assist
Requests
Received
0
Completed
0
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Performance Report
Kimberley Land Council
Performance Report
Introduction
T
In the reporting period, the KLC
continued to contract out its function
to negotiate commercial agreements
with mining companies to KRED, as
it has the expertise and resources
required to represent Traditional
Owners and negotiate economic
opportunities for Kimberley
Aboriginal people.
he KLC has been extremely
successful in achieving
positive native title outcomes
for Kimberley Aboriginal
people. At the end of the reporting
period, about 70 per cent of the
Kimberley was determined native
title land, legally recognised by
the Federal Court. In the reporting
period, the KLC worked with
Traditional Owners to successfully
achieve native title recognition
for the Balanggarra Combined,
Balanggarra #3 and Nyikina
Mangala native title claims. This was
a positive outcome, as these claim
groups had spent many years in the
system fighting for their native title
rights and interests to be recognised.
In the reporting period, the KLC
invested a significant amount of
time finalising the determination
of the Nyikina Mangala native
title claim, which was put at risk
due to third party respondent Oil
Basins Limited refusing to consent
to the determination at the final
hour. Oil Basins Limited refused to
give consent despite all the other
respondent parties, including the
State Government agreeing to the
determination. The KLC immediately
went before the Federal Court to
request that Oil Basins Limited be
removed as a party to the Nyikina
Mangala proceeding.
The KLC was successful in its
application, with the Federal Court
finding that Oil Basins Limited had
no valid reasons for withholding its
consent for the Nyikina Mangala
determination. As a result, Oil Basins
Limited was removed as a party
to the claim, enabling the Nyikina
Mangla native title determination to
proceed as planned.
Under this arrangement the
KLC, in line with its function as a
Native Title Representative Body,
remains a party to negotiations
and a representative of native title
claimants. It is up to individual claim
groups to decide if they want to use
the services of KRED or not.
Irene Davey draws in the sand
Significant Events and Changes
Agreements KRED Enterprises
In March 2011, the KLC established
the Ambooriny Burru Foundation,
a charitable venture to facilitate
Kimberley Aboriginal people’s
engagement in the expanding
regional economy.
The KLC, in establishing the
foundation fulfilled the long-term
vision of Kimberley Aboriginal
people to get control of their future
through increased opportunities and
economic independence.
As part of the Ambooriny Burru
Foundation, the KLC also established
KRED, which seeks out and develops
business and job opportunities for
Kimberley Aboriginal people, on
behalf of the foundation.
In the reporting period, the KLC
worked with KRED to successfully
negotiate an agreement between
the Jaru Traditional Owners in
the east Kimberley and Northern
Minerals. The agreement locks in
substantial economic benefits for the
Jaru people, should the Northern
Minerals project to mine rare earth
progresses.
Through the strong partnership
between the KLC and KRED, native
title groups are able to receive a
high standard of representation and
support when making the important
decisions about what happens on
their country. This relationship is
becoming even more important
as government support, at both
the state and commonwealth
level continues to diminish. In
the reporting period, six native
title groups were members of the
Ambooriny Burru Foundation and
a further four were in the process
of becoming members. Altogether,
KRED Enterprises has been
appointed to represent 13 native
title claim groups in any commercial
activities or negotiations.
Performance Report
Heritage
The KLC continued to respond
to a high number of Future Act
notices received on behalf of
Traditional Owner groups, as a
result of companies wanting to
explore or mine resource-rich
country in the Kimberley. The
reluctance of companies to enter
into Heritage Protection Agreements
with Traditional Owner groups is
concerning, as is the increasing
pressure on Traditional Owners
to take matters to inquiry with
the National Native Title Tribunal
(NNTT). Despite the KLC achieving
some strong wins on matters that
went before the National Native Title
Tribunal, the trend in negotiations
with most companies appears to be
adversarial. In the reporting period,
the KLC continued to emphasise to
companies the long term benefits
of working in partnership with
Traditional Owners to respect
Aboriginal heritage and community
values.
Companies that negotiate Heritage
Protection Agreements to undertake
exploration activities have the benefit
of certainty in knowing they are
engaging with the right Traditional
Owners who have authority for that
area and that subsequently the
activity undertaken is free from risk.
During the reporting period, the
KLC continued to work with the
Environmental Heritage and
Social Impact Services (EHSIS)
to undertake a range of activities
including heritage surveys.
EHSIS was established under the
guidance and support of the KLC
but is a subsidiary company of
KRED Enterprises. Where the KLC
successfully negotiates a Heritage
Protection Agreement with a mining
or exploration company on behalf of
claim groups or Registered Native
Title Bodies Corporate, the affected
group decides whether to use the
services of EHSIS to manage and
undertake heritage surveys or not.
2014 Annual Report
The KLC actively promotes the use
of EHSIS’s services, as it considers
it the best placed entity to carry out
heritage survey work in the best
interests of Kimberley Traditional
Owners.
State Activities and Future Acts
(SAFA)
In October 2012, the KLC entered
into a funding agreement with the
WA State Government to provide a
process for government departments
to work with Traditional Owners in
relation to state activities undertaken
in Aboriginal communities and on
native title land.
The agreement sets out a specified
heritage process for ensuring
the protection of significant sites
and traditional country. The
funding agreement establishes a
dedicated KLC team to manage
Traditional Owner engagement
and consultations regarding State
Government Future Acts, Indigenous
Land Use Agreements and Aboriginal
heritage matters.
The KLC’s state activities team is
comprised of 14 staff including a
manager, project co-ordinator, two
legal officers, three anthropologists
and other project and support
personnel.
Staff members are located across
the KLC’s offices in Broome and
Kununurra. In the 2013 – 2014
reporting period, the state activities
team facilitated consultations
with various agencies including
the Department of Housing in 15
Kimberley Aboriginal communities.
It was also in the process of
representing four native title groups
in negotiations with the State
Government about its Kimberley
Science and Conservation Strategy.
The State Activities Funding
Agreement provides a vehicle for
the KLC and the State Government
to work collaboratively on matters
of common interest and concern.
The agreement is due for renewal
in October 2014 with negotiations
between the KLC and the State
Government expected to begin in the
next reporting period.
Costs Order
In February 2014, His Honour Justice
Gilmour delivered a judgment in the
matter of Watson & Ors v State of
Western Australia (no 3) (2014) FCA
127 which, amongst other things,
ordered Oil Basins Limited to pay
the costs of the Nyikina Mangala
Applicant on an indemnity basis and
forthwith.
Oil Basins Limited brought an
application for leave to appeal to
the portions of Justice Gilmour’s
judgment that related to costs and
that leave was granted by Justice
Barker on May 2, 2014. The matter
has been referred to the Full Court
of the Federal Court for hearing. It
is alleged by Oil Basins Limited that
the judgment of Justice Gilmour
was wrong in law and over-extended
the meaning of the decision of the
Full Court in Munn for and on behalf
of the Gunggari People v State of
Queensland (2001) FCA 1227.
The outcome of the appeal to the
Full Court of the Federal Court will
have implications for all native title
claimants across the country, as
Justice Gilmour’s decision was the
first that ordered the respondent to
pay indemnity costs to a native title
applicant. It is extremely important
that the native title applicant be
properly represented at the Full
Court of the Federal Court and
therefore the KLC will continue
to pursue the matter in the next
reporting period.
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Native Title Claim Updates
Kimberley Land Council
Native Title Claim Updates
East Kimberley
Kimberley women leaders: (from left) Josie Farrer, Irene Davey, Bonnie Edwards, Mary Tarren, Phyllis Gallagher (front), Yvonne Birrell, Pearl Gordon, Violet Carter and Merle Carter
Jaru
Native Title Claim Progress
The KLC received instructions to
lodge the new Jaru claim in October
2011. Subsequently, the new Jaru
claim was filed and registered
with the National Native Title
Tribunal in March 2012. The claim
covers an area north of the Tanami
Desert and south of Halls Creek
and is comprised of the former
Lamboo native title claim as well as
previously unclaimed country in the
east Kimberley to the south of Halls
Creek.
In the reporting period, the
KLC invested a significant
amount of resources to progress
anthropological research, claimant
meetings and mediation, in line
with our litigation strategy and high
priority listing of the claim.
The Jaru claim is under close case
management by the Federal Court.
Future Act Developments
There has been a high level of hard
rock exploration applications within
the reporting period. The KLC is
currently negotiating Heritage
Protection Agreements with several
companies for the granting of
exploration tenements for gold, rare
earths, petroleum and gas. The KLC
also provided assistance to KRED
Enterprises in helping to facilitate a
claim group meeting to authorise a
major Future Act agreement relating
to a proposed mine in the Ringer
Soak area.
Koonjie-Elvire
Native Title Claim Progress
The Koonjie-Elvire claim was
registered with the National Native
Title Tribunal on November 15, 1999.
The claim covers an area of land
north of Halls Creek and south of
Kununurra in the east Kimberley.
In the reporting period, the KLC
invested significant resources
to progress this claim through
conducting anthropological research,
claimant meetings and mediation.
The Koonjie Elvire claim is being
progressed concurrently with the
adjoining Jaru claim and is under
close case management by the
Federal Court.
Future Act Developments
There has been a high level of
exploration activity during the
reporting period. Koonjie-Elvire
Traditional Owners have appointed
KRED Enterprises to manage any
mining negotiations.
Native Title Claim Updates
2014 Annual Report
Goorring (Lumugal)
Ngarrawanji
Native Title Claim Progress
Native Title Claim Progress
The Goorring claim, originally called
Lumugal, was registered with the
National Native Title Tribunal on
February 17, 2006. The claim was
lodged in response to a Future
Act application and covers an 11
square kilometre area between the
O’Donnell Range, the Ragged Range,
the Evelyn Range and the Pitt Range.
The Ngarrawanji claim was
registered with the National Native
Title Tribunal on June 25, 1996. The
area covers the Moola Bulla pastoral
lease and some small areas of
unallocated crown land around Halls
Creek.
The Goorring claim is being
progressed concurrently with the
Marlarngowem, Ngarrawanji,
Yurriyangem Taam and Kija claims
and is under close case management
by the Federal Court.
Future Act Developments
No new exploration or mining
applications were received during
the reporting period.
Marlarngowem
Native Title Claim Progress
The Malarngowem claim was
registered with the National Native
Title Tribunal on February 4, 2000.
The claim covers an area north east
of Halls Creek and towards Warmun.
In the reporting period, the KLC
invested significant resources
to progress this claim through
conducting anthropological research,
claimant meetings and mediation.
In the reporting period, the KLC
invested significant resources
to progress this claim through
conducting anthropological research,
claimant meetings and mediation.
The Ngarrawanji claim is being
progressed concurrently with the
Gooring, Marlarngowem, KoonjieElvire, Purnululu and Yurriyangem
Taam claims that make up the Kija
cultural bloc, and is under close case
management by the Federal Court.
subsequently amended and reregistered on October 15, 1999. The
claim covers the Purnululu National
Park in the east Kimberley.
While there was little direct activity
in relation to this claim, the KLC
invested significant resources to
progress anthropological research,
claimant meetings and mediation in
relation to the Jaru and Kija claims
generally, to pave the way for intense
work on this claim in the next
reporting period.
The Purnululu claim is under close
case management by the Federal
Court.
Future Act Developments
There has been a high level of
new applications for mining and
exploration tenements in this claim
area.
Future Act Developments
Yurriyangem Taam
There was a high level of new
applications for exploration
tenements which were granted
in the reporting period. The KLC
is currently negotiating Heritage
Protection Agreements with several
companies.
Native Title Claim Progress
Purnululu
Native Title Claim Progress
The Purnululu claim was registered
on March 27, 1995 and was
The Marlarngowem claim is being
progressed concurrently with the
Goorring, Ngarrawanji, Yurriyangem
Taam and Kija claims and is under
close case management by the
Federal Court.
The Yurriyangem Taam claim was
registered with the National Native
Title Tribunal on October 29, 2010.
The claim is comprised of core Kija
country, located north-east of Fitzroy
Crossing towards Kununurra in the
east Kimberley.
In the reporting period, the KLC
invested significant resources
to progress this claim through
conducting anthropological research,
claimant meetings and mediation.
The Yurriyangem Taam claim is
being progressed concurrently
with the Goorring, Marlarngowem,
Ngarrawanji and Kija claims.
The Yurriyangem Taam claim is
under close case management by
the Federal Court.
Future Act Developments
There has been a high level of
exploration applications received
during the reporting period.
Future Act Developments
There has been a high level of new
applications received within the
reporting period.
Kija country
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Native Title Claim Updates
Kimberley Land Council
Native Title Claim Updates
North Kimberley
lodged as a fresh claim to take
advantage of s47B of the Native Title
Act.
Future Act Developments
No applications for petroleum or
mining leases and very few mineral
exploration licences were received
during the reporting period. Three
objections to the application of the
expedited procedure progressed
to inquiry. One is currently being
considered, one was successful
(meaning that application is subject
to the right to negotiation) and one
was withdrawn.
Wanjina Wunggurr Uunguu
and Wanjina Wunggurr
Uunguu B
Traditional Owner Tom Birch with Justice John Gilmour at the Balanggarra native title determination
Balanggarra Combined,
Balanggarra #3 and
Balanggarra #4
Native Title Claim Progress
The Balanggarra native title
area is covered by three claims;
Balanggarra Combined, Balanggarra
#3 and Balanggarra #4.
The Balanggarra Combined and
Balanggarra #3 claims were
progressed concurrently and
determined by the Federal Court
on August 7, 2013. The claim area
covers more than 30,343 square
kilometres of country in the north
Kimberley including the Wyndham
township, Kalumburu, Oombulgurri
and Forest River Aboriginal reserves,
Carson River pastoral lease, parts
of the Drysdale River National Park
and unallocated crown land at Cape
Londonderry, Carson River and the
Cambridge Gulf Coast. There are six
blocks in Wyndham that were not
included in the determination and
are subject to ongoing negotiations.
Balanggarra Traditional Owners
waited more than 18 years for their
native title rights and interests to be
recognised.
The KLC assisted the Balanggarra
people to set up the Balanggarra
Aboriginal Corporation to be its
corporate entity and Registered
Native Title Prescribed Bodies
Corporate. The Balanggarra
Aboriginal Corporation holds on trust
the native title rights and interests of
Balanggarra Traditional Owners.
The Balanggarra #4 claim was
lodged with the National Native Title
Tribunal on May 29, 2013. The claim
area covers 42 square kilometres
of unallocated crown land. It was
Native Title Claim Progress
The Wanjina Wunggurr Uunguu Part
A claim was determined by consent
on May 23, 2011 while the Wanjina
Wunggurr Uunguu B claim was
determined in November 2012.
The Wanjina Wunggurr Registered
Native Title Bodies Corporate
manages the native title interests
of the Wanjina Wunggurr Uunguu,
Wanjina Wunggurr Dambimangari
and Wanjina Wunggurr Wilinggin
determined areas.
The KLC assists the Wanjina
Wunggurr Registered Native Title
Bodies Corporate in its general
compliance with the Corporations
(Aboriginal and Torres Strait
Islander) Act 1996 and in responding
to Future Acts.
It also facilitates the governance
structures between the Wanjina
Wunggurr Registered Native
Title Bodies Corporate and the
three individual administrative
Native Title Claim Updates
2014 Annual Report
Rock art, Dambimangari country
corporations, which represent the
three determination areas, to ensure
positive working relationships
between the groups.
Future Act Developments
No applications for petroleum or
mining leases and very few mineral
exploration licences were received
during the reporting period. No
objection to the application of the
expedited procedure had progressed
to inquiry during the reporting
period.
Wanjina Wunggurr
Dambimangari
Native Title Claim Progress
The Wanjina Wunggurr
Dambimangari native title claim was
determined on May 26, 2011. This
determination area is managed by
the Wanjina Wunggurr Registered
Native Title Bodies Corporate
which also manages the native title
interests of the Wanjina Wunggurr
Uunguu and the Wanjina Wunggurr
Wilinggin determined areas.
The KLC assists the Wanjina
Wunggurr Registered Native Title
Bodies Corporate in its general
compliance with the Corporations
(Aboriginal and Torres Strait
Islander) Act 1996 and in responding
to Future Acts.
It also facilitates the governance
structures between the Wanjina
Wunggurr Registered Native
Title Bodies Corporate and the
three individual administrative
corporations that represent the
three determination areas, to ensure
positive working relationships
between the groups.
Future Act Developments
No applications for petroleum or
mining leases and very few mineral
exploration licences were received
during the reporting period. No
objection to the application of the
expedited procedure progressed to
inquiry during the reporting period.
Wanjina Wunggurr Wilinggin
Native Title Claim Progress
The Wanjina Wunggurr Wilinggin
native title claim was determined on
December 8, 2003. The claim covers
more than 60,150 square kilometres
of country across the Gibb River
Road.
This determination area is managed
by the Wanjina Wunggurr Registered
Native Title Bodies Corporate
which also manages the native
title interests of the neighbouring
Wanjina Wunggurr Uunguu and
Wanjina Wunggurr Dambimangari
determination areas.
The KLC assists the Wanjina
Wunggurr Registered Native Title
Bodies Corporate in its general
compliance with the Corporations
(Aboriginal and Torres Strait
Islander) Act 1996 and in responding
to Future Acts.
The KLC also facilitates the
governance structures between
the Wanjina Wunggurr Registered
Native Title Bodies Corporate and
the three individual administrative
corporations, representing the three
determination areas, to ensure
positive working relationships
between the groups.
In addition to the support provided
to the Wanjina Wunggurr Registered
Native Title Bodies Corporate,
the KLC provides the Wilinggin
Aboriginal Corporation with some
assistance in developing good
governance practices.
Future Act Developments
No applications for petroleum or
mining leases and very few mineral
exploration licences were received
during the reporting period. One
objection to the application of the
expedited procedure had progressed
to inquiry during the reporting
period.
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24
Native Title Claim Updates
Kimberley Land Council
Native Title Claim Updates
Dampier Peninsula
Aerial view, Bardi Jawi country
All Claims
The Dampier Peninsula is located
along the northwest coast of the
Kimberley and is currently home to
six native title claims and two native
title determinations.
The KLC has been working with
all groups that hold, or may hold
native title across the Middle
Dampier Peninsula. This has
included undertaking further
anthropological research across the
area, implementing expert advice
as to the best way to progress
native title claims across the entire
Dampier Peninsula and conducting
authorisation meetings with
Traditional Owners, both in family
groups and in a bloc.
In 2012, the KLC worked with
Traditional Owners to develop the
Dampier Peninsula Plan which
details actions for future land use
planning, land tenure reform, access
management, service delivery
and infrastructure, governance,
economic development, ranger
services, heritage and conservation
and implementation.
The overarching vision of the
Dampier Peninsula Plan is: Healthy
country, healthy people. Culturally,
socially, environmentally and
economically strong.
Bardi Jawi
Native Title Claim Progress
The Federal Court recognised native
title across a large area of the Bardi
and Jawi claim on November 30,
2005 including exclusive possession
across most of the mainland area.
The Federal Court also found that
native title did not exist across sea
country, reefs, and a number of the
islands including Sunday Island and
Jackson’s Island.
The KLC appealed the decision in
2006 and on March 18, 2010, the
Federal Court reversed its initial
decision and recognised the native
title rights of the Bardi and Jawi
people across their sea country on
the Dampier Peninsula.
The Bardi Jawi native title claim was
determined through litigation over 15
years. The claim covers 1,037 square
kilometres of land and sea country
on the Dampier Peninsula.
The Bardi and Jawi Niimidiman
Aboriginal Corporation Registered
Native Title Bodies Corporate
manages the native title rights
and interests of the Bardi and Jawi
people. During the reporting period,
the KLC worked to assist the Bardi
Native Title Claim Updates
2014 Annual Report
However, there were some benefits
that Woodside agreed to, irrelevant
of whether the project went ahead
or not.
Jawi RNTBC to project manage
development of a corporation office.
This included assisting to secure
a site, coordination of funding
arrangements, building plan design
and lease agreements.
Warrwa Mawadjala Gadjidgar
(Point Torment)
The KLC also worked with the
Bardi Jawi RNTBC on governance
projects to progress land tenure
transfer and cultural mapping,
negotiate agreements for marine
research with the Western Australian
Marine Science Institute and to
provide meeting organisation and
administrative support.
Native Title Claim Progress
The Warrwa Mawadjala Gadjidgar
claim was registered with the
National Native Title Tribunal on
June 23, 2011. The claim covers an
area across Point Torment in the
west Kimberley.
Future Act Developments
During the reporting period, there
was a low level of Future Act activity.
Djabera Djabera
Native Title Claim Progress
The Djabera Djabera claim was
registered with the National Native
Title Tribunal on October 8, 1996.
The claim covers an area to the
south and west of Beagle Bay. The
KLC, as the representative body for
the Kimberley, became a respondent
to the claim last year as it considers
the claim to be fundamentally flawed
due to the composition of the claim
group. The Djabera Djabera claim is
overlapped by the Bindunbur native
title claim, which was authorised in
2013.
Future Act Developments
The KLC does not have carriage of
Future Act activity for the Djabera
Djabera claim group.
Goolarabooloo Jabirr Jabirr
Native Title Claim Progress
The Goolarabooloo Jabirr Jabirr
native title claim was discontinued
on September 20, 2013. A claim on
behalf of the Jabirr Jabirr people
was filed on September 23, 2013 and
a separate claim on behalf of the
Goolarabooloo people was filed on
Bardi Jawi country
October 4, 2013. Both claims have
passed the registration test and are
not represented by KLC.
On July 4, 2014, Justice Barker made
orders setting down both claims for
trial in September 2015, along with
the Bindunbur and Djabera Djabera
native title claims.
Future Act Developments
In April 2013, Woodside pulled out
of the Browse LNG Precinct Project
Agreement to build a gas processing
facility at James Price Point.
Woodside CEO Peter Coleman cited
extreme cost pressures as the main
reason for the project’s failure as it
would be economically unviable. The
company is instead looking towards
developing the Browse Basin through
floating LNG technology.
As a result of this decision,
Traditional Owners missed out on a
host of benefits agreed to under the
Browse LNG Agreement including
social, economic and training
opportunities.
This claim was lodged in response
to Future Act pressures at the time.
This claim has not been a priority
for progress in this reporting period,
but is now the subject of requests
for the convening of an authorisation
meeting to change the Named
Applicant. The requested meeting
is likely to be held in the first half of
2015.
Future Act Developments
There was a low level of Future Act
activity during the reporting period.
Mayala
Native Title Claim Progress
The Mayala claim was registered
with the National Native Title
Tribunal on July 1, 1998. The
claim covers the island and
sea area between the Bardi &
Jawi determined area and the
Wanjina Wunggurr Dambimangari
determined area, in and around the
Buccaneer Archipelago.
In the reporting period, resources
were allocated to address
governance within the Mayala claim.
Authorisation meetings were held
in July and November 2013, which
led to the authorisation of a new
applicant. The KLC successfully
applied to the Federal Court for
orders to replace the applicant,
which were made on February 19,
2014. The KLC attempted to meet
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Native Title Claim Updates
Kimberley Land Council
to the process. When combined, the
Bindunbur claims cover more than
7609 square kilometres of land and
sea country.
In July and October 2013, Jabirr
Jabirr, Nyul Nyul and Nimanburru
people came together to authorise
the filing of Bindunbur native title
claims. The Nyul Nyul people
also made the difficult decision to
discontinue their claims to allow the
Bindunbur claims to go ahead. One
Bindunbur claim, over the north,
north east and central areas of the
Middle Dampier Peninsula was
registered with the National Native
Title Tribunal on December 13, 2013.
Coastline, Dampier Peninsula
with the new Mayala applicant on
May 14, 2014, but some members of
the applicant were not able to attend.
There were no resources available to
progress anthropological research
on the Mayala claim in the reporting
period. The Federal Court has
continued to state that it expects
research to be conducted, and
the KLC has committed funds for
research in the 2014-15 financial
year.
speed-up and resolve native title.
Native title claimants on the Middle
Dampier Peninsula share the same
system of laws and customs and
decided it would be better to resolve
native title as the one society rather
than as individual tribal groups.
Through this joint approach they
believe they can move forward with
native title after previous long delays
In the reporting period, the KLC
invested significant resources to
progress the Bindunbur claim to get
it ready for either trial or consent
determination negotiations. On July
4, 2014 Justice Barker made orders
setting down the Bindunbur claims
for trial in September 2015, along
with other claims on the Dampier
Peninsula.
Future Act Developments
During the reporting period there
was a low level of hard rock
exploration applications.
Bindunbur
Native Title Claim Progress
The Bindunbur native title claim
provides a new approach to having
native title recognised on the Middle
Dampier Peninsula. In the reporting
period, Traditional Owners on the
Middle Dampier Peninsula decided
to strategically consolidate claims
across their country as a way to
The Bindunbur
(Area B) claim,
over Carnot
Bay, Sandy
Point and the
Lacepede
Islands, was
filed on April
24, 2014 but
is not able to pass the registration
test as it overlaps with the Djabera
Djabera claim. The KLC has become
a respondent to the Djabera Djabera
claim and in the reporting period
made an application to have it struck
out on the basis that it does not meet
the requirements for a valid native
title claim.
The KLC has conducted significant
research and interviews with senior
Traditional Owners to gather the
evidence needed to demonstrate
native title.
Sunset, Dampier Peninsula
In the next reporting period, the
KLC intends to devote considerable
Native Title Claim Updates
2014 Annual Report
Soap Tree, Dampier Peninsula
resources to making preparations
for the Middle Dampier Peninsula
claims trial in September 2015.
Future Act Developments
In the reporting period, two new
petroleum exploration permits
were released, covering most of the
Middle Dampier Peninsula.
The KLC worked swiftly to lodge
the new Bindunbur claims with
the Federal Court in order to give
native title claimants in this area
the right to negotiate in relation
to these exploration permits. The
Bindunbur Negotiating Committee
has appointed KRED to represent
them in negotiations about the
exploration permits. The committee
has particular concerns about the
possible environmental impacts of
exploration.
As part of the governance conditions
of the Bindunbur claim, any decision
about development on country,
heritage surveys or permission
to use country is made by the
family groups whose country will
be affected. This is to ensure that
the right people speak for country
and make decisions about country.
Bindunbur claimants have been kept
up-to-date on these matters through
Bindunbur claim newsletters.
Warrwa
Native Title Claim Progress
The original Warrwa claim was
registered with the National Native
Title Tribunal on October 13, 2010.
The claim covers a small area within
Meda Station and was a polygon
claim lodged by the KLC in response
to Future Act pressures.
The whole-of-country Warrwa
#2 claim was lodged by external
lawyers (without KLC assistance)
in September 2012. After a joint
authorisation meeting in October
2013 for both claims, an order was
made on May 12, 2014 to combine
the Warrwa #1 and #2 applications
into a single application. The
combined amended claim will be
lodged in July 2014. The combined
claim is represented by external
lawyers, without KLC assistance.
Future Act Developments
There were no new formal Future
Act applications received within the
reporting period.
Trees, Dampier Peninsula
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Native Title Claim Updates
Kimberley Land Council
Native Title Claim Updates
Desert Region
Future Act Developments
There has been a high level of
petroleum and onshore gas
exploration on Ngurrara country in
the reporting period. Buru Energy
holds a number of current mining
and exploration tenements in
the Canning Basin which covers
Ngurrara country. Ngurrara
Traditional Owners have appointed
KRED Enterprises to manage any
mining negotiations.
The KLC manages hard rock
exploration activities for Ngurrara
and a low level of applications were
received during the reporting period.
Nyikina Mangala country
Ngurrara, Ngurrara B and Yi-Martuwarra Ngurrara
Native Title Claim Progress
There are currently two native title
determinations and one native title
claim across Ngurrara country,
which extends south into the Great
Sandy Desert and north into the river
country south of Fitzroy Crossing.
The first native title claim, Ngurrara,
was successfully determined on
November 9, 2007. The second
native title claim, Ngurrara B,
was successfully determined in
November 2012.
The third native title claim, YiMartuwarra Ngurrara, was
registered with the National Native
Title Tribunal on February 29, 2012.
Negotiations are ongoing between
the State Government and the KLC
with a view to settling the claim
within the 2014-2015 reporting
period.
Nyikina Mangala
Native Title Claim Progress
After more than 18 years, the native
title rights of the Nyikina Mangala
people were recognised on May 29,
2014.
The Nyikina Mangala native title
claim area covers more than 26,000
square kilometres and extends from
the mouth of the King Sound below
Derby, along the Fitzroy Valley to
Noonkanbah and south into the
Great Sandy Desert.
Exclusive possession native title
rights have been recognised across
more than 40 per cent of the claim
area, including three Aboriginal
pastoral stations, a large tract of
unallocated crown land in the Great
Sandy Desert and smaller pockets
within the claim.
During the reporting period, the KLC
worked to finalise the determination
of this claim which was almost put in
jeopardy by third party respondent,
Oil Basins Limited. Nine days before
the determination was scheduled
to happen, Oil Basins Limited told
the court it was refusing to consent
to the determination, despite all
other parties including the State
Government, giving consent. The
KLC immediately went before
presiding Judge, the Honourable
Justice Gilmour, to ask the court to
remove Oil Basins Limited as a party
to the Nyikina Mangala proceeding.
The KLC was successful in its
application, with Justice Gilmour
finding that Oil Basins Limited had
no valid reasons for withholding
its consent to the Nyikina Mangala
determination. His Honour also
made an order removing Oil Basins
Limited as a party, allowing the
determination to take place as
scheduled.
The KLC also worked in the
reporting period to assist Nyikina
Mangala Traditional Owners set up
a Registered Native Title Bodies
Corporate to manage their native
title rights and interests.
At a meeting held at Pandanus Park
Aboriginal community from March
25-27, 2014, the Nyikina Mangala
people authorised the Walalakoo
Aboriginal Corporation Registered
Native Title Bodies Corporate
to be the body responsible for
managing their native title rights
and interests. At the meeting, the
group also decided on a governance
structure which includes a board
of 12 directors, and committee of
eight cultural advisors. There is
representation from all community
groups within the Nyikina Mangala
claim area on the board while
both male and female Nyikina and
Mangala senior cultural advisors
make up the Cultural Advisory
Committee.
Native Title Claim Updates
2014 Annual Report
Karajarri people to provide ongoing
support and assistance to the
Nyangumarta Karajarri Aboriginal
Corporation as the Registered Native
Title Bodies Corporate for the shared
area. This assistance includes
helping convene director meetings
and the annual general meeting.
Future Act Developments
The Nyikina Mangala determination
area which includes country from
Derby to the Fitzroy Valley, is
resource-rich and almost entirely
covered with exploration and mining
tenements. There has been a high
level of Future Act applications as
well as on-ground exploration during
the reporting period, with companies
looking for coal, oil, nickel, uranium,
gas, mineral sands and iron ore.
The Nyikina Mangala people have
refused to consult with uranium
companies wanting to explore on
their country as they want to send a
clear message to industry that they
want nothing to do with uranium.
The Nyikina Mangala people
have appointed KRED to manage
negotiations for any mining activities
on their country. A high level of
mining exploration applications were
received during the reporting period.
There was also a medium level of
hard rock exploration applications
which were received and managed by
the KLC.
Karajarri
Native Title Claim Progress
The Federal Court recognised
the native title rights of the
Karajarri people in two consent
determinations in 2002 and 2004.
The KLC, in its role as a Native Title
Representative Body, continues
to work with the Karajarri people
and provides ongoing support
and assistance to the Karajarri
Traditional Lands Association (KTLA)
Registered Native Title Bodies
Corporate. This assistance includes
helping convene director meetings
and the annual general meeting.
Future Act Developments
During the reporting period,
the Karajarri Traditional Lands
Association appointed KRED to
Future Act Developments
Dragontree Soak, Karajarri country
There was a low level of Future Act
applications received by the KLC
within the reporting period with
Heritage Protection Agreements
successfully negotiated for all
applications.
Tjurabalan
manage any negotiations associated
with mining activities on Karajarri
country. This includes Buru Energy
in relation to oil exploration in the
Canning Basin. There was also a
low level of hard rock exploration
applications received during the
reporting period, which were
managed by the KLC.
Yawinya
Native Title Claim Progress
The Federal Court handed down the
Yawinya native title determination
across shared country near 80 Mile
Beach on May 25, 2012.
The determination area is comprised
of the shared country of the
Nyangumarta and Karajarri people,
two different tribal groups who
share traditional laws and cultural
connection to the area.
The Kimberley Land Council and
the Yamatji Marlpa Aboriginal
Corporation acted on behalf of
the Karajarri and Nyangumarta
claimants to negotiate native title
across 2000 square kilometres of
land and sea country including Anna
Plains Station, a portion of Mandora
Station and 80 Mile Beach.
The KLC, in its role as a Native Title
Representative Body, continues to
work with the Nyangumarta and
Native Title Claim Progress
The Tjurabalan native title claim
was determined on August 20,
2001. The claim is in the Tanami
Desert region, in the far south-east
of the Kimberley and includes the
Aboriginal communities of Ringer
Soak, Bililuna, Mulan and several
outstations.
It was the first consent
determination to be reached in the
Kimberley.
During the reporting period, the KLC
assisted the Tjurabalan Registered
Native Title Bodies Corporate to
hold meetings with the Tjurabalan
native title holders. This included,
the KLC organising and facilitating
a double AGM for the corporation
in August 2013, after its 2012 AGM
was cancelled due to weather issues
and sorry business. The Tjurabalan
RNTBC received all relevant
approvals.
Future Act Developments
During the reporting period, there
was a medium level of Future
Act applications for hard rock
exploration. The KLC managed these
applications and negotiated Heritage
Protection Agreements.
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Native Title Claim Updates
Kimberley Land Council
Native Title Claim Updates
Central Kimberley
Bunuba country
Bunuba and Bunuba #2
Native Title Claim Progress
There are three native title claims
across Bunuba country in the
central Kimberley area near Fitzroy
Crossing.
The Bunuba Combined claim was
registered with the National Native
Title Tribunal on August 20, 1999 and
Part A of this claim was determined
by consent at an on-country sitting of
the Federal Court on December 12,
2012. Part B of this claim is expected
to be determined at the same time
as the other Bunuba claims.
Tunnel Creek, Bunuba country
The Bunuba #2 claim was registered
with the National Native Title
Tribunal on May 10, 2012 and covers,
amongst other places, the Fitzroy
Crossing township. Negotiations
are being undertaken with the State
Government, by representatives
other than the KLC, in relation to an
Indigenous Land Use Agreement for
the Fitzroy Crossing townsite. The
Bunuba #3 claim relates to a small
pocket of country excised from the
Bunuba Combined claim prior to the
determination of Part A of the claim.
Due to changes in tenure, it is likely
that exclusive possession native title
will be able to be obtained across
these areas as set out under section
47B of the Native Title Act.
Negotiations are ongoing with the
State Government and all other
respondent parties in relation to
settlement of the Bunuba Part B,
Bunuba #2 and Bunuba #3 claim.
It is hoped following the settlement
of the Fitzroy Crossing Townsite
Indigenous Land Use Agreement that
a consent determination regarding
all remaining Bunuba claims could
take place in the first half of 2015.
Native Title Claim Updates
2014 Annual Report
Flora, Gooniyandi country
Future Act Developments
The KLC no longer retains carriage
of Future Act activities on Bunuba
country.
Gooniyandi Combined and
Yarrangi Riwi Yoowarni
Gooniyandi
Native Title Claim Progress
The Gooniyandi Combined claim was
determined by consent at an oncountry hearing of the Federal Court
on June 19, 2013.
The Gooniyandi native title area
covers 11,200 square kilometres
of land and water and includes the
Indigenousowned
pastoral
stations of
Bohemia
Downs, Mt
Pierre and
Louisa Downs
and portions
of the non-Indigenous Christmas
Creek, Gogo, Fossil Downs, Larrawa
and Margaret River pastoral stations.
About 50 per cent of the native title
claim is exclusive possession – the
highest possible form of native title
rights and interests.
The Gooniyandi Aboriginal
Corporation Registered Native Title
Bodies Corporate administers the
native title rights and interests on
behalf of the Gooniyandi people.
The Yarrangi Riwi Yoowarni
Gooniyandi claim was registered with
the National Native Title Tribunal
on February 15, 2013. The KLC
is in active negotiations with the
State Government in relation to the
settlement of this claim.
Future Act Developments
In the reporting period, the
KLC received a medium level of
exploration applications which it
negotiated Heritage Protection
Agreements for.
Kurungal
Native Title Claim Progress
The Kurungal native title claim was
registered with the National Native
Title Tribunal on December 1, 1997.
The claim covers a portion of the
Christmas Creek pastoral lease that
is north of Christmas Creek and
south of the Northern Highway.
After considering further connection
evidence provided by the KLC in
June and October 2013, the State
Government indicated in-principle
support for a consent determination,
subject to the applicant reaching
a co-existence agreement with
the holder of the Christmas Creek
pastoral lease. Negotiations towards
this agreement are being overseen
by a Federal Court Registrar and
a mediation session is planned for
July 2014. This agreement and all
other outstanding claim issues are
expected to be resolved in the first
half of 2015.
Future Act Developments
There was a low level of Future
Act applications and exploration
activity on Kurungal country within
the reporting period for which the
KLC negotiated Heritage Protection
Agreements for.
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Looking After Country
Kimberley Land Council
Looking After Country
Land and Sea Management Unit
Gambanan, Bardi Jawi country
Introduction
Looking after Country is an integral
part of the KLC’s vision. The Land
and Sea Management Unit works
with Traditional Owners to achieve
the cultural and environmental
outcomes they want to see happen
on the ground. The unit strives to
build strong foundations for the
long-term sustainability of programs
to create a lasting legacy for the next
generation.
The Land and Sea Management Unit
(LSMU) was established in 1998 and
its projects are far reaching, covering
all aspects of
cultural and
environmental
management
including the
protection and
enhancement
of waterways,
wildlife and biodiversity monitoring
and the passing on of traditional
knowledge and cultural practises
from old people to young people.
Kimberley Traditional Owners are
at the forefront of all activities and
provide instructions to the KLC on
the direction in which to progress
projects.
The Land and Sea Management
Unit fosters and enhances cultural
connection to country and uses a
combination of traditional ecological
knowledge with modern science
to achieve best practice methods
and environmental outcomes.
It also focuses on delivering
direct employment and training
opportunities for Kimberley
Aboriginal people while enabling
Traditional Owners to remain living
on country in remote areas.
The Land and Sea Management Unit
continues to grow and its projects
comprise more than half of the
operational work at the KLC. Staff
members are based across many
locations in the Kimberley. The
Land and Sea Management Unit
works in close partnership with
native title groups and Registered
Native Title Bodies Corporate (PBCs)
with a whole of organisation focus
on building capacity for PBCs to
manage and deliver project activities.
Strategic Vision
The KLC aspires to share knowledge
and experience about cultural
economies with Indigenous people
internationally. The emergence
of eco-system based markets
provides an opportunity and urgency
for an exchange of knowledge,
so Indigenous people can share
experiences, skills and information
Looking After Country
2014 Annual Report
Partnerships
The Land and Sea Management
Unit fosters partnerships with
many external agencies including
the Federal Government, State
Government, non-government
environmental organisations and
philanthropic groups. It is also
working to form international
alliances with other Indigenous
peoples.
From left: Melissa George, Irene Davey, Kathy O’Reeri, Peter Murray, Trevor Sampi, Frankie McCarthy and Wayne Bergmann at the WILD 10! Conference in Spain, October 2013
about accessing opportunities
for socially, environmentally and
culturally sustainable development.
The KLC, together with Kimberley
Traditional Owners, is pursuing the
development of an International
Knowledge Sharing Network.
The idea started to gain momentum
when Kimberley Aboriginal leaders
discussed their vision for a grassroots international Indigenous
network with former Federal
Environment Minister, Tony Burke,
at the National Heritage Listing
announcement on the Dampier
Peninsula in 2011.
Since then the KLC has pursued
its vision to create an International
Knowledge Sharing Network and as
a result, we have taken our stories,
skills and knowledge across the
globe and shared our experiences
with other Indigenous groups
overseas.
In the reporting period, KLC
delegates, Traditional Owners and
rangers attended the WILD10!
Conference in Spain in October 2013.
The conference brought together
environmentalists and protected
area managers from around the
world to discuss shared issues and
best practice land management.
Kimberley delegates presented in six
conference forums and strengthened
international connections with other
Indigenous people experiencing
similar challenges and experiences.
In May 2014, a contingent from the
KLC travelled to the United Nations
Permanent Forum on the Rights
of Indigenous People. At the forum
the KLC hosted a side event on the
development of cultural enterprises
in the region and presented at
various conferences on protected
area management, best practice
mining and economic development
standards and co-hosted a workshop
with the Equator Initiative to further
advance the development of the
World Indigenous Network.
Nolan Hunter, Wayne Bergmann and Ari
Gorring outside the UN building in New York
Some of the main project
partnerships that were strengthened
during the reporting period
include the Department of Prime
Minister and Cabinet (formerly
the Department of Sustainability,
Environment, Water, Population
and Communities), The Nature
Conservancy, Pew Environment
Group, the Australian Conservation
Foundation, WWF Australia,
Indigenous Land Corporation,
Shell Social Investment Fund, The
Christensen Fund, Indigenous
Business Australia, the WA
Department of Fire and Emergency
Services and the WA Department of
Agriculture and Food.
During the reporting period, the
long-term sustainability of the Land
and Sea Management Unit was an
important focus for the KLC. Building
strong foundations to support the
increased activity generated by
the Kimberley Ranger Network
and Indigenous Protected Area
projects, has been the objective of
implementing an internal review
of the Land and Sea Management
Unit. The review will strengthen the
KLC’s ability to deliver best practice
cultural and natural resource
management programs across the
region in partnership with Traditional
Owners and PBCs. Additionally, a
cross-organisational initiative was
started during the review period to
identify best practice approaches to
supporting projects and activities
with PBCs to ensure strong cultural
governance and capacity building
outcomes.
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Looking After Country
Kimberley Land Council
Bardi Jawi ranger Kevin George uses the cybertracker
Cultural and Environmental
Services
In the past five years, the KLC’s
Land and Sea Management Unit,
has focused on working with
Traditional Owner groups to develop
and build ranger teams and declare
Indigenous Protected Areas across
their country.
With a network of eight Indigenous
Protected Areas declared across
the Kimberley and 13 ranger groups
operating to a high standard,
the focus of the Land and Sea
Management Unit has changed
towards the regional implementation
of cultural and natural resource
management.
Cybertracker Project
Cybertracker technology has
become pivotal to ranger work and is
frequently used to record information
about country while working in
the field. Data collected from the
handheld computer is downloaded
and managed by rangers, who
use it to inform land management
decisions and provide reports on
activities.
The shift towards providing strategic
environmental and cultural services
to native title groups has resulted
in the development of the Cultural
and Environmental Services Unit
(CESU). This unit has been added
to the KLC’s land and sea portfolio
and in the reporting period worked
to employ experienced staff with
extensive skills and specialised
backgrounds in cultural and natural
resource management.
Hermit crab, Karajarri country
The Cultural and Environmental
Services Unit secured two years
of funding from the Australian
Government’s Caring-for-ourCountry target area grants program
to improve and expand data
collection and data-management
capabilities. The cybertracker project
focuses on training ranger groups to
use the rugged handheld computers
and tablets to record data while out
in the field. The cybertracker uses
software that has been especially
designed for the ranger program
so information on the full range
of activities can be captured. The
cybertracker has enabled the
Kimberley Ranger Network to
undertake monitoring and evaluation
activities on a regional level,
highlighting the strength of strategic
Indigenous land management across
the region.
Biodiversity Project
After years of engaging external
consultants to conduct biodiversity
work in the Kimberley, the KLC’s
Cultural and Environmental Services
Unit employed a biodiversity
officer in October 2013 to evaluate
national biodiversity standards and
trends and provide best-practice
Looking After Country
2014 Annual Report
advice to Kimberley rangers. The
position is co-funded by the Federal
Government’s Caring-for-ourCountry target area grants program
and the World Wildlife Fund (WWF).
The biodiversity officer works
with all Kimberley ranger groups
to undertake biodiversity surveys
and monitor culturally and
environmentally significant species.
During the reporting period, ranger
groups worked to collect baseline
biodiversity data to inform their
Healthy Country Plans and to
inform strategic plans to look after
threatened animal species across
the Kimberley.
North Kimberley Fire
Abatement Project and
Kimberley Ranger Network
Fire Management
The Cultural and Environmental
Services Unit worked with
Traditional Owners to advance the
North Kimberley Fire Abatement
Project, which uses traditional
techniques and knowledge to
carry out savannah burning as
a way to reduce greenhouse gas
emissions. The project covers the
Balanggarra, Uunguu, Wilinggin
and Dambimangari native title areas
and stretches across 40,000 square
kilometres of country in the north
Kimberley.
During the reporting period, north
Kimberley native title groups
registered carbon businesses
under the Federal Government’s
Carbon Farming Initiative (CFI) and
sold the carbon credits they had
generated through conducting fire
management activities in the past
two years. It is expected proceeds
from the sale will be used to fund
long-term fire management on their
country and generate income and
employment opportunities in remote
communities.
The four north Kimberley groups
also developed carbon business
Aerial view, Dambimangari country
plans as part of the carbon project to
assist them make strategic decisions
about capacity building and revenue
investment. The carbon business
plans were developed through the
Federal Government’s Indigenous
Carbon Farming Fund.
During the reporting period, north
Kimberley ranger groups continued
to undertake annual fire planning
workshops and conduct traditional
burns both on the ground and
through the use of helicopters. In
the 2014 fire season, 60 Traditional
Owners participated in the project,
spending 40 nights in remote camps
on country. The helicopter travelled
more than 50,000 km in the north
Kimberley and spent 350 hours on
aerial fire management. Through
conducting strategic early dry
season burns, Traditional Owners
created fire breaks and used mosaic
burning to reduce fuel loads as a
way to protect country from large
scale wildfires that ignite in the hot
season. Wilinggin and Wunambal
Gaambera Traditional Owners also
completed fire walks to conduct
on-ground burning around sensitive
sites.
The KLC also worked with other
Traditional Owners and ranger
groups from outside the north
Kimberley on fire planning and
management activities. This work
focused on identifying and preparing
for any potential Indigenous carbon
business opportunities that may
arise in the future.
Some rangers groups, in the
reporting period, secured fee-forservice contracts for asset protection
and aerial burning operations.
Carbon Outreach Project
The carbon outreach project was
started in the reporting period, and
will undertake activities to inform
Kimberley Traditional Owners
and Indigenous pastoralists about
carbon business opportunities. The
project secured funding for two
years from the Federal Government
Department of Agriculture and will
be managed by the KLC’s Cultural
and Environmental Services Unit.
The focus of the project has been
to work with native title groups and
Indigenous pastoralists throughout
the Kimberley to discuss the
carbon story, climate change and
opportunities for carbon businesses,
so Indigenous landowners will
have the information needed to
decide whether to pursue these
opportunities or not.
National Heritage Listing
The west Kimberley received
National Heritage Listing in August
2011 for its outstanding Indigenous
cultural values to the nation. It is the
largest area in Australia to have been
protected through National Heritage
Listing, cementing the region as a
strong and significant Aboriginal
place.
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Looking After Country
Kimberley Land Council
One of the main aims of the project is
to develop an interactive database to
monitor weather patterns and assist
in evaluating the impacts of climate
change to the Great Sandy Desert in
the Kimberley.
The seasonal calendar project is
being developed by the Ngurrara
Rangers in partnership with Shell
Australia and the Warlu Jilajaa Jumu
Indigenous Protected Area.
Rock art on Wunambal Gaambera country
To further protect the Indigenous
cultural values of the Kimberley,
the senior leadership group that
led the National Heritage Listing
consultations, re-formed to create
a legal policy and Indigenous values
management framework.
During the reporting period, work on
the framework to protect, maintain
and enhance the important cultural,
environmental and traditional
Indigenous values of the region
entered the final phase. The
framework pulls together already
existing work from community
driven Healthy Country Plans and
aggregates them on a regional level.
This is in line with the essential
criteria set by Traditional Owners to
manage National Heritage Listing
values. These guidelines include
Traditional Owner involvement,
culturally appropriate decision
making and to ensure management
of National Heritage Listing is done
through existing programs including
the Kimberley Ranger Network and
Indigenous Protected Areas. The
Cultural and Environmental Services
Unit has been able to attract
additional funding from the Federal
Government’s Indigenous Heritage
Program to raise awareness
amongst Traditional Owners, native
title groups and rangers about the
National Heritage Listing values and
management.
In the reporting period, the group
finalised work to create a database
in which to hold all the stories and
traditional ecological knowledge
that has been captured as part of the
National Heritage Listing process.
Work to store the information on
the database was completed during
the reporting period with the aim of
using it as a knowledge library that
can be passed down to, and shared
with future generations. Some
information on the database will be
available to the public in the future,
while other information will be
restricted as directed by the senior
leadership group.
Ngurrara Seasonal Calendar
The Ngurrara seasonal calendar
project is designed to capture local
traditional knowledge associated
with seasonal change and the
responses of plants and animals.
The information gathered as part
of this project will form a holistic
approach to Indigenous land
management.
During the reporting period, the
database design was completed and
provides an organised structure for
storing traditional knowledge and
land management data, collected
by the rangers using a cybertracker.
The database enables the Ngurrara
Rangers to identify cultural keystone
species and seasonal indicators
of change, at significant cultural
sites of high biodiversity. Traditional
Owners and rangers developed
Cybertracker sequences that
specifically relate to their country,
to assist in the collection of data and
the production of maps and reports.
As part of the project, a weather
station and water monitoring
equipment were used to collect a
range of data. The data is sent to the
Ngurrara ranger base via satellite
and uploaded onto the database. The
data is cross-referenced with data
collected from the remote research
station. Results are compared and
used, to not only validate traditional
knowledge but to also record climate
change impacts and inform land use
practices. The results of this project
will be important in identifying
culturally appropriate land
management strategies in response
to climate change.
Looking After Country
2014 Annual Report
Looking After Country
Kimberley Ranger Network and Indigenous Protected Areas
Bardi Jawi ranger Trevor Sampi
Introduction
The Kimberley Ranger Network is
facilitated by the KLC and works to
realise Indigenous aspirations to
look after country while providing
real jobs, training and education as
well as improving socioeconomic
standards and community wellbeing.
The Kimberley Ranger Network has
successfully completed its sixth year
of operation and continues to carve
out an expanding and increasingly
valuable role for Traditional Owners
in the natural and cultural resource
management industry.
The Kimberley Land Council
facilitates 13 ranger groups as part
of the network. During the reporting
period, the Kimberley Ranger
Network employed 69 full-time
rangers, six part-time administrative
staff and 86 regular casual rangers
Utilising a combination
of traditional cultural
knowledge, western science
and modern technologies, the
Kimberley Ranger Network
integrates ecological, social
and cultural values to realise
Indigenous aspirations and
generate growth in remote
Aboriginal communities
while two rangers commenced
direct employment with the KLC
as senior rangers after finishing
their traineeships. Three rangers
were promoted to acting ranger
coordinator roles, where they will
continue to pursue their career in
the Kimberley Ranger Network as
managers.
The Kimberley Ranger Network
integrates ecological, social
and cultural values to generate
sustainable economic growth in
remote Aboriginal communities.
The ranger initiative is supported by
the Australian Federal Government
and works to realise Indigenous
aspirations to look after and manage
country using a combination of
traditional cultural knowledge,
western science and modern
technologies.
It has not only created jobs in remote
communities but has established
long term career pathways, while
significantly improving social and
economic circumstances and
community health and wellbeing.
The network is based on a regional
governance structure founded on
Indigenous cultural values.
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Looking After Country
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group discovered the presence of
echidnas, various wallaby species,
crows, finches and a water rat at a
variety of locations across the Fitzroy
Valley. Biodiversity surveys were
also undertaken at Go Go pastoral
station to determine the biodiversity
composition of different country
types. The Gooniyandi Rangers use
the Cybertracker – a high-tech GPS
device – to record all information
and to store photographs. This
information is downloaded and used
to inform and develop strategies
for natural resource management
including the promotion of ongoing
biodiversity health.
The Gooniyandi Rangers
Elders direct long-term conservation
and management plans, promote
the transfer of traditional knowledge
and provide guidance, leadership
and authority. The governance model
connects all groups together to
ensure that not only are community
goals being achieved but regional
objectives as well.
The Kimberley Ranger Network
operates in conjunction with
Indigenous Protected Areas.
Kimberley Aboriginal people have
identified Indigenous Protected
Areas as the preferred land
management model in the region
and eight have been declared across
the region.
the delivery of programs and
regularly reporting back on ranger
conservation activities, the rangers
have developed a successful and
inclusive model.
During the reporting period, the
Gooniyandi Rangers had a strong
focus on delivering biodiversity
monitoring and research. They
undertook extensive camera
trapping exercises to capture still
and video imagery of various animal
species as a way to determine the
presence of threatened wildlife. The
Karajarri Rangers
The Karajarri Rangers spent the
reporting period gearing up for
the declaration of the Karajarri
Indigenous Protected Area on May 7,
2014.
Declaring an Indigenous Protected
Area requires significant planning,
consultation and hard work. The
Karajarri Rangers in the 2013-2014
reporting period worked with senior
elders, the Karajarri Traditional
Lands Association and various
stakeholders to finalise the Karajarri
Healthy Country Plan, organise the
declaration and undertake on-going
training to manage the Indigenous
Protected Area.
Indigenous Protected Areas are
dedicated areas of highly sensitive
or important biodiversity hotspots
that Indigenous people want to see
protected. The Indigenous Protected
Area program is an initiative of the
Federal Government in partnership
with supportive corporate and nongovernment organisations.
Ranger Group Updates
Gooniyandi Rangers
The Gooniyandi Rangers continued to
develop a strong relationship with its
cultural advisers and governing body
during the reporting period. Through
seeking advice and guidance on
The rangers have also worked to
develop a Gooniyandi resource
library for the protection of
environmental and cultural
knowledge. All ranger photos,
reports and activities are stored on
the database. Recording stories,
language and the traditional and
cultural knowledge of senior elders
will be a priority for the ranger team
in the next reporting period.
The Karajarri Healthy Country Plan
sets out the long-term management
targets of the Indigenous Protected
Area and identifies threats to country
and priority conservation actions.
Gooniyandi ranger Roneil Skeen
Looking After Country
2014 Annual Report
2014, involved travelling the length of
the Fitzroy River within the Nyikina
Mangala boundary. Vehicles and
small boats were used to access
sites of cultural significance,
while place names were recorded
in Nyikina language and several
areas were identified as potential
sites for future land management
works including water quality
monitoring, invasive weed and feral
animal management and bushland
regeneration.
Karajarri ranger Jess Bangu
As the rangers are responsible for
implementing the plan, it is also
used to inform ranger work plans
and activities.
During the reporting period,
the Karajarri ranger team grew
from strength to strength with
the employment of a new ranger
coordinator, Indigenous Protected
Area coordinator and new rangers
including several women. The
group has built a strong team of
15 members including casual
rangers and administrative staff to
ensure it continues to achieve solid
conservation and natural resource
management outcomes on Karajarri
country.
Nyikina Mangala Rangers
Data recording of culturally
significant sites, stories, language
names and traditional knowledge
was a high priority for the Nyikina
Mangala ranger team during the
2013-2014 reporting period.
The rangers facilitated two backto-country survey trips involving
more than 20 people to capture a
wide range of environmental data.
During the first survey trip through
Mangala and Ngura desert country in
October 2013, the rangers captured
data on feral animal sightings,
weed surveying and oral history
recordings. The second trip in June
The activities of the Nyikina Mangala
Rangers during the reporting
period highlight the success of the
ranger team and the Kimberley
Ranger Network in producing
not only conservation results but
social outcomes through enhancing
connection to country, strengthening
law, culture and language and
assisting in the transfer of traditional
knowledge.
The Nyikina Mangala native title
area was determined on May 29,
2014 and as a result, the rangers
have identified the development of
an Indigenous Protected Area as
their preferred land management
model. While securing funding
to start this process will begin
in the next reporting period, the
Nyikina Mangala Rangers are
already compiling information to
develop a Healthy Country Plan of
management. Data gathered from
back-to-country survey trips during
the reporting period, has greatly
assisted this process which is being
undertaken through the National
Heritage Listing management
framework project.
Paruku IPA Rangers
In the reporting period, the Paruku
Rangers worked to strengthen the
conservation and management of
their Indigenous Protected Area.
Feral animal management
comprised a significant part of
this work as the rangers had been
battling to control the rapidly
expanding feral horse population
for several years. During the
reporting period, feral horse
numbers exceeded 7000 and were
causing significant degradation
of Lake Paruku and surrounding
biodiversity areas. As a result, the
rangers in partnership with a range
of stakeholders, worked to organise
and coordinate an aerial cull of more
than 7,300 feral horses in October
2013. The rangers are committed
to the on-going management of
feral animals as a way to improve
the management and conservation
outcomes of the Paruku Indigenous
Protected Area.
Paruku rangers Jamie Brown and Jarvis Fernandez treat a Parkinsonia infestation
The Paruku Rangers, during the
reporting period, also worked to
implement an electronic visitor
management pass as a way to
protect and manage the Indigenous
Protected Area.
Other project highlights for the
2013-2014 reporting period include
extending the rangers fee-forservice contract with the Department
of Environment, Parks and Wildlife
to conduct conservation activities at
Wolfe Creek Crater, and hosting two
back-to-country trips with elders,
school children and young people to
record stories, language, traditional
knowledge and practices.
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Looking After Country
Kimberley Land Council
During the reporting period, the
Ngurrara Rangers continued to
strengthen their partnership with
Shell, which through its social
investment fund has contributed to
the development of the Ngurrara
seasonal calendar, weather station
and the Ngurrara cultural database.
Bardi Jawi Rangers
The Bardi Jawi Rangers completed
another solid year of work with a
strong emphasis on marine research
and biodiversity management.
Ngurrara ranger Frankie McCarthy
Ngurrara Rangers
In the reporting period, the Ngurrara
Rangers had a strong focus on
monitoring, managing and protecting
the jila and jumu, living water
sources of their desert country.
The ranger team managed six
jila and jumu sites during the
reporting period and developed and
implemented site management plans
to protect them. They also worked
to survey four jila and jumu sites to
identify threatened species through
conducting a biodiversity survey to
record the presence and distribution
of wildlife across Ngurrara country.
Cultural back-to-country trips were
also held so senior elders could
teach rangers and young people
about the traditional protocols for
entering jila and jumu sites. The
transfer of traditional knowledge is a
high priority for Ngurrara Traditional
Owners and rangers. As a result, all
ranger work, including cultural site
recording, biodiversity monitoring,
mapping and data collection is
recorded using the cybertracker
before it is stored in the Ngurrara
cultural database.
The rangers undertook numerous
sea patrols across their saltwater
and island country to gather a range
of research data on native plants and
animals. Data collection included
four sea patrols undertaken in July
and October 2013 and January
and April 2014, to record turtle
numbers across the Sunday Island
Archipelago. Turtle nest and track
monitoring took place with 10
sessions between October and April
at known nesting hotspots across the
peninsula coastline, while Gouldian
Finch surveys were conducted using
active search and passive camera
surveillance technologies to reveal
the presence of healthy breeding
populations.
Bardi Jawi Ranger boat launch, May 2014
The rangers developed a crocodile
management plan for Peninsula
communities in partnership with the
State Government Department of
Parks and Wildlife. Rangers hosted
a community meeting in response
to concerns about an increase in
crocodile numbers and elevated
risks, and developed a data sheet for
recording crocodile sightings to aid
in ongoing crocodile management.
The Bardi Jawi Rangers also
attended a knowledge exchange
trip with other rangers from the
Northern Territory and the Kimberley
on crocodile management.
The highlight achievement for the
rangers in the reporting period was
the delivery and launch of the longawaited and specialised ranger boat,
Almban, meaning westerly wind in
Bardi language.
The vessel, which was launched
at a community celebration on
May 2, 2014 at One Arm Point,
can carry a crew of eight and is
equipped with state of the art
marine communications and search
technology to be able to assist in
patrols and marine rescues. It
was funded by Lotterywest, The
Department of Aboriginal Affairs
and the Department of Fire and
Emergency Services.
Looking After Country
2014 Annual Report
The vessel will enable the rangers
do what they do best; monitor and
manage their island country, conduct
biodiversity surveys, complete
conservation activities and assist in
the transfer of traditional knowledge.
It will also provide environmental
services that are of benefit to
the community while creating
commercial business opportunities
for the rangers.
Balanggarra Rangers
The Balanggarra Rangers continued
to achieve strong outcomes through
working as a team to ensure the
health of their country.
During the reporting period, the
rangers worked to battle the
imminent cane toad invasion. They
went on a 10-day biodiversity study
in the Cockburn Ranges as part of
a research project with the State
Government Department of Parks
And Wildlife and the University
of Western Australia. During the
field trip, rangers used trapping
techniques to collect a variety of
fauna species so they could record
data including measurements,
animal health and GPS location. This
information will be used to assess
the likely impacts of the noxious
cane toad as it invades Balanggarra
country.
The Balanggarra Rangers also
teamed up with scientists from the
Department of Parks and Wildlife
and the University of Sydney to
teach native wildlife not to eat the
poisonous pest.
The innovative project is the first
of its kind in Australia and involves
feeding small amounts of juvenile
cane toads to the goanna, so it has
a negative reaction to the food but
does not die. The process is repeated
daily in an attempt to teach the
goanna that the cane toad is not a
food source but a predator.
This project is ongoing and the
Balanggarra Rangers spent about 16
Balanggarra Rangers, 2014
weeks on a rotating roster working
at Oombulgurri on the research
project which involved animal
handling, scientific observation
recording, GPS training and usage
and radio tracking.
Uunguu Rangers
The Uunguu Rangers increased their
skills in cultural site recording and
maintenance by developing a fiveyear activity plan in conjunction with
the healthy country team.
Using fire management to maintain
rock art has been built into the
plan and rangers pulled overgrown
spinifex away from rock faces and
conducted early dry season burns at
priority sites between May and June
2014.
Rangers undertook cultural site
recording training on Mungalala
country in late 2013 to further
enhance and improve their skills
in looking after cultural heritage
places.
Rock art recording also took place
on the annual ranger fire walk which
included nine rangers, Traditional
Owners and staff across five days
in June 2014. During the trip
rangers used the cybertracker to
record information on biodiversity
and cultural sites as well as fire
conditions and area burnt.
The Wunambal Gaambera Aboriginal
Corporation also worked with the
rangers and Traditional Owners
to finalise the development of the
online Uunguu Visitor Pass website.
The website will inform visitors
about the area and is set to be
launched in the first half of the next
reporting period.
Wunggurr Rangers
The Wunggurr Rangers gained
experience in how to scientifically
record, manage and protect ancient
rock art and cultural sites on their
country. The cultural heritage
project was a pilot program funded
by the Department of Environment
and developed by the Australian
National University in Canberra.
Rangers went on three field trips
to Windjimgayre across three
weeks to undertake workshops
and specialised training in rock art
management and to start developing
a cultural heritage site management
plan.
Data on the location of unknown rock
art sites was recorded by the rangers
on their annual fire walk. Fires
were lit on the four-day, 40km walk
along Maude Creek from the Munja
Track to Charnley River as a way to
improve the biodiversity values of
the area and reduce late season
wildfires.
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Looking After Country
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planning, internal planning meetings
and will involve further work into the
future.
The Dambimangari Rangers
undertook a 12-day cultural mapping
field trip with senior elders to
locate, record and share cultural
information around the Wotjulum
region of the Indigenous Protected
Area. More than 60 previously
unrecorded cultural sites including
rock art and stone formations were
identified on the trip, while senior
elders shared stories and traditional
knowledge with the rangers.
Wunggurr ranger Dean Smith
During the reporting period, the
rangers worked significantly on fire
management projects including
fire planning workshops and
consultations, asset protection
burns and the North Kimberley Fire
Abatement Project which included
on-ground and aerial burning
activities.
The rangers worked with the
Karunjie and Durack River Stations
and the Nyaliga Traditional Owners
to develop fire management
strategies and conduct controlled
burns on the properties to prevent
wildfires from impacting on the
cultural and natural values of
the area and to protect assets.
Other work was also done with the
Karunjie and Durack River Stations
in partnership with other agencies
to develop a strategic plan for the
divestment of the pastoral properties
including mustering of feral cattle
and development of possible tourism
and carbon businesses.
Dambimangari Rangers
The Dambimangari Rangers have
undertaken significant marine
management, planning and research
activities in the reporting period.
Dambimangari head ranger Aaron Mungulu
The Dambimangari Aboriginal
Corporation negotiated and signed
an agreement with the State
Government in November 2013 for
the Camden Sound Marine Park Plan
and joint management arrangement.
This included a week of marine park
They also participated in a northern
quoll survey with the Department of
Parks and Wildlife in the Talbot Bay
region where they recorded the first
sightings of the quoll on Molema
Island. There was also a biodiversity
survey undertaken in Prince Regent
National Park and a threatened
wallaby project. A focus for the
rangers in the reporting period
was to develop marine research
agreements with the West Australian
Marine Science Institute of which 13
projects are underway or planned.
Bardi Jawi Oorany Rangers
The Bardi Jawi Oorany Rangers
have been actively engaging in
conservation and land management
activities since 2011. Some of their
work includes seed collection and
propagation in the nursery to support
the revegetation of monsoonal vine
thickets. Recording and transferring
their traditional knowledge of
culture, plants and bush tucker to
the younger generations has been
a priority for the women. In the
reporting period, the rangers also
undertook fee-for-service contracts,
developed work plans and completed
conservation and land management
and literacy and numeracy training.
In the reporting period, the Oorany
rangers teamed up with the
Dampier Peninsula police to say
‘no’ to domestic violence and raise
awareness of the issue. The women
Looking After Country
2014 Annual Report
Bardi Jawi Oorany Rangers plant a Marool tree outside the police station at the Djaridjin community, June 2014
planted a Marool tree outside
the police station in the Djaridjin
community as a symbol of the united
efforts between the community and
police to stop domestic violence.
The Bardi Jawi Advisory Committee
will work to pursue funding for
employment of an Indigenous
women’s ranger coordinator in 20152016.
Gooniyandi Women Rangers
The Gooniyandi Women Rangers
focused on seed collection and
propagation and during the reporting
period, wrote and published the
Gooniyandi Plants and Animals Book.
The women rangers were active
teachers, sharing and passing on the
traditional knowledge of language
and culture to the next generations.
The rangers also assisted the
male Gooniyandi ranger team to
conduct fire management, weed
management and back-to-country
trips. Funding for a Gooniyandi
women’s ranger group coordinator
was only ever temporary and expired
within the reporting period. The KLC
is currently seeking further funding
to establish this group into the
future.
Kija Rangers
The Kija Rangers are a largely
unfunded, developing team. Based
in Warmun, in the east Kimberley
the group has strong community
support and is made up of 10
causal participants and one ranger
trainee, who is funded through their
own commercial fee-for-service
contracting.
In the reporting period, the Kija
Healthy Country Committee formally
opened the group’s new ranger
base. The base provides space
for the rangers to work and store
equipment but more importantly
creates a visible ranger presence in
the community.
The rangers focused on professional
development in the reporting period
and completed significant training in
conservation and land management
and literacy and numeracy. They also
undertook remote first aid training
and Kija language classes.
Fire management formed an
important part of the rangers work
as they used aerial burning and
ground techniques to create large‐
scale firebreaks across neighbouring
pastoral stations.
Other activities included weed
management, cultural site
maintenance, back-to-country trips,
protective burning, delivering on
fee-for-service contracts, community
engagement and maintenance.
Gooniyandi women’s ranger Nina Cherel sprays weeds on Gooniyandi country, April 2014
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44
45
46
47
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
STATEMENT OF PROFIT OR LOSS AND OTHER COMPREHENSIVE INCOME FOR THE YEAR ENDED 30 JUNE 2014
Note
Revenue
Other Revenue
Employee Benefits Expenses
Depreciation Expenses
Finance Costs
Rental Expenses
Supplier Expenses
2
2
2014
2013
22,296,092
9,765,660
(13,294,632)
(367,932)
(113,054)
(314,510)
(12,842,112)
19,712,900
7,080,146
(11,995,638)
(201,274)
(157,191)
(246,036)
(12,828,708)
5,129,512
1,364,199
Other Comprehensive Income
0
0
Total Other Comprehensive Income
0
0
5,129,512
1,364,199 3
3
3
Surplus/(Deficit) from Ordinary Activities
Total Comprehensive Income for the Year
The accompanying notes form part of these financial statements.
5
48
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE 2014
Note
2014
$
2013
$
CURRENT ASSETS Cash and Cash Equivalents
Trade and Other Receivables
Other Assets
TOTAL CURRENT ASSETS 4
5
6
12,929,329
590,963
444,252
13,964,544
13,113,918
1,578,410
461,915
15,154,243
NON‐CURRENT ASSETS Property, Plant and Equipment
TOTAL NON‐CURRENT ASSETS 7
11,800,286
11,800,286
7,127,108
7,127,108
25,764,830
22,281,351
7,416,756
2,663,650
1,128,752
11,209,158
7,687,244
4,201,932
905,950
12,795,126
1,912,607
168,839
2,081,446
1,912,607
228,904
2,141,511
TOTAL LIABILTIES
13,290,604
14,936,637
NET ASSETS
12,474,226
7,344,714
EQUITY
Retained Surplus
Revaluation Surplus
TOTAL EQUITY
10,695,602
1,778,624
12,474,226
5,566,090
1,778,624
7,344,714
TOTAL ASSETS
CURRENT LIABILITIES Trade and Other Payables
Unexpended Grants
Provisions
TOTAL CURRENT LIABILITIES 8
10
NON‐CURRENT LIABILITIES Borrowings
Provisions
TOTAL NON‐CURRENT LIABILITIES 9
10
The accompanying notes form part of these financial statements.
6
49
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
STATEMENT OF CHANGES IN EQUITY FOR THE YEAR ENDED 30TH JUNE 2014
Retained Revaluation Surplus
Surplus
$
$
4,201,891
1,778,624
Balance at 30 June 2012
Total
$
5,980,515
Surplus/(Deficit) attributable to entity
1,364,199
0
1,364,199
Balance at 30 June 2013
5,566,090
1,778,624
7,344,714
Surplus/(Deficit) attributable to entity
5,129,512
0
5,129,512
10,695,602
1,778,624
12,474,226
Balance at 30 June 2014
The accompanying notes form part of these financial statements.
7
50
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
STATEMENT OF CASH FLOWS YEAR ENDED 30TH JUNE 2014
Note
Cash Flows from Operating Activities
Receipt of Grants
Other Receipts
Rent Received
Interest Received
Payment to Suppliers and Employees
Finance Costs
2014
$
2013
$
23,301,202 19,101,793 9,371,580 10,311,738 47,698 0
346,382 381,632 (28,097,288) (27,745,279)
(113,054)
(157,191)
Net cash provided by Operating Activities
17
4,856,521 1,892,693 Cash Flows from Investing Activities
Purchase of Property, Equipment and Vehicles
Purchase of Land and Buildings ‐ Work in Progress
(876,348)
(4,164,762)
(1,610,517)
0
Net cash provided by Investing Activities (5,041,110)
(1,610,517)
Cash Flows from Financing Activities
Repayment of Borrowings
0
(32,368)
Net cash provided by Financing Activities
0
(32,368)
(184,589)
13,113,918 12,929,329 249,808 12,864,110 13,113,918 Net Increase/(Decrease) in Cash Held
Cash at Beginning of Year
Cash and Cash Equivalents at the End of the Year
4
The accompanying notes form part of these financial statements.
8
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
The financial statements are for the Corporation being Not For Profit (RDR) as an individual entity, incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 and domiciled in Australia.
Note 1: Summary of Significant Accounting Policies
Basis of Preparation The financial statements are general purpose financial statements that have been prepared in accordance with Australian Accounting Standards – Reduced Disclosure Requirements of the Australian Accounting Standards Board and the Corporations (Aboriginal and Torres Strait Islander) Act 2006. The Corporation is a not‐for‐profit entity for financial reporting purposes under Australian Accounting Standards.
Australian Accounting Standards set out accounting policies that the AASB has concluded would result in financial statements containing relevant and reliable information about transactions, events and conditions. Material accounting policies adopted in the preparation of these financial statements are presented below and have been consistently applied unless otherwise stated.
The financial statements, except for the cash flow information, have been prepared on an accruals basis and are based on historical costs, modified, where applicable, by the measurement at fair value of selected non‐current assets, financial assets and financial liabilities. The amounts presented in the financial statements have been rounded to the nearest dollar.
Accounting Policies
a. Revenue
Grant revenue is recognised in the statement of comprehensive income when the entity obtains control of the grant and it is probable that the economic benefits gained from the grant will flow to the entity and the amount of the grant can be measured reliably.
If conditions are attached to the grant which must be satisfied before it is eligible to receive the contribution, the recognition of the grant as revenue will be deferred until those conditions are satisfied.
When grant revenue is received whereby the entity incurs an obligation to deliver economic value directly back to the contributor, this is considered a reciprocal transaction and the grant revenue is recognised in the state of financial position as a liability until the service has been delivered to the contributor, otherwise the grant is recognised as income on receipt.
Donations and bequests are recognised as revenue when received.
Interest revenue is recognised using the effective interest rate method, which for floating rate financial assets is the rate inherent in the instrument. Dividend revenue is recognised when the right to receive a dividend has been established.
Revenue from the rendering of a service is recognised upon the delivery of the service to the customers.
All revenue is stated net of the amount of goods and services tax (GST).
b. Inventories
Inventories are measured at the lower of cost and current replacement cost. Inventories held for distribution are measured at cost adjusted, when applicable, for any loss of service potential.
Inventories acquired at no cost, or for nominal consideration, are valued at the current replacement cost as at the date of acquisition.
9
51
52
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
Note 1: Summary of Significant Accounting Policies (Continued)
c. Property, Plant and Equipment Each class of property, plant and equipment is carried at cost or fair value as indicated, less, where applicable, accumulated depreciation and any impairment losses.
Freehold Property
Freehold land and buildings are shown at their fair value based on periodic valuations by external independent valuers less subsequent depreciation for buildings.
In periods when the freehold land and buildings are not subject to an independent valuation, the directors conduct directors’ valuations to ensure the carrying amount for the land and buildings is not materially different Increases in the carrying amount arising on revaluation of land and buildings are recognised in other comprehensive income and accumulated in the revaluation surplus in equity. Revaluation decreases that offset previous increases of the same class of assets shall be recognised in other comprehensive income under the heading of revaluation surplus. All other decreases are charged to the statement of comprehensive income.
Any accumulated depreciation at the date of the revaluation is eliminated against the gross carrying amount of the asset and the net amount is restated to the revalued amount of the asset.
Freehold land and buildings that have been contributed at no cost, or for nominal cost, are valued and recognised at the fair value of the asset at the date it is acquired.
Plant and Equipment
Plant and equipment are measured on the cost basis less depreciation and impairment losses.
The carrying amount of plant and equipment is reviewed annually by directors to ensure it is not in excess of the recoverable amount from these assets. The recoverable amount is assessed on the basis of the expected net cash flows that will be received from the asset’s employment and subsequent disposal. The expected net cash flows have been discounted to their present values in determining recoverable amounts.
Plant and equipment that have been contributed at no cost, or for nominal cost, are valued and recognised at the fair value of the asset at the date it is acquired.
Depreciation
The depreciable amount of all fixed assets, including buildings and capitalised lease assets, but excluding freehold land, is depreciated on a straight line basis over the asset’s useful life to the entity commencing from the time the asset is held ready for use. Leasehold improvements are depreciated over the shorter of either the unexpired period of the lease or the estimated useful lives of the improvements.
The depreciation rates used for each class of depreciable assets are:
Class of Fixed Asset
Depreciation Rate
Land & Buildings
0%
Plant and equipment
20%‐40%
Leased plant and equipment33%
The assets’ residual values and useful lives are reviewed, and adjusted if appropriate, at the end of each reporting period.
Each asset class’s carrying amount is written down immediately to its recoverable amount if the class’s carrying amount is greater than its estimated recoverable amount.
Gains and losses on disposals are determined by comparing proceeds with the carrying amount. These gains or losses are included in the statement of comprehensive income in the period in which they arise. When revalued assets are sold, amounts included in the revaluation surplus relating to that asset are transferred to retained earnings.
Capitalisation Threshold
Expenditure on items of equipment under $10,000 is not capitalised.
10
53
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
Note 1: Summary of Significant Accounting Policies (Continued)
d. Leases
Leases of fixed assets, where substantially all the risks and benefits incidental to the ownership of the asset but not the legal ownership are transferred to the entity, are classified as finance leases.
Finance leases are capitalised, recording an asset and a liability equal to the present value of the minimum lease payments, including any guaranteed residual values.
Leased assets are depreciated on a straight‐line basis over their estimated useful lives where it is likely that the entity will obtain ownership of the asset. Lease payments are allocated between the reduction of the lease liability and the lease interest expense for the period.
Lease payments for operating leases, where substantially all the risks and benefits remain with the lessor, are charged as expenses on a straight‐line basis over the lease term.
Lease incentives under operating leases are recognised as a liability and amortised on a straight‐line basis over the life of the lease term.
e. Financial Instruments
Initial recognition and measurement
Financial assets and financial liabilities are recognised when the entity becomes a party to the contractual provisions to the instrument. For financial assets, this is equivalent to the date that the corporation commits itself to either purchase or sell the asset (i.e. trade date accounting is adopted). Financial instruments are initially measured at fair value plus transactions costs except where the instrument is classified “at fair value through profit or loss” in which case transaction costs are expensed to statement of comprehensive income immediately.
Classification and Subsequent Measurement
Financial instruments are subsequently measured at fair value, amortised cost using the effective interest rate method or cost. Fair value represents the amount for which an asset could be exchanged or a liability settled, between knowledgeable, willing parties. Where available, quoted prices in an active market are used to determine fair value. In other circumstances, valuation techniques are adopted.
Amortised cost is calculated as:
(i)
(ii)
the amount at which the financial asset or financial liability is measured at initial recognition;
less principal repayments;
(iii)
plus or minus the cumulative amortisation of the difference, if any, between the amount initially recognised and the maturity amount calculated using the effective interest method ; and
(iv)
less any reduction for impairment.
The effective interest method is used to allocate interest income or interest expense over the relevant period and is equivalent to the rate that exactly discounts estimated future cash payments or receipts (including fees, transaction costs and other premiums or discounts) through the expected life (or when this cannot be reliably predicted, the contractual term) of the financial instrument to the net carrying amount of the financial asset or financial liability. Revisions to expected future net cash flows will necessitate an adjustment to the carrying value with a consequential recognition of an income or expense in profit or loss.
11
54
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
Note 1: Summary of Significant Accounting Policies (Continued)
e. Financial Instruments (Continued)
Classification and Subsequent Measurement (Continued)
(i)
Financial assets at fair value through profit or loss
Financial assets are classified at “fair value through profit or loss” when they are held for trading for the purpose of short‐term profit taking, or where they are derivatives not held for hedging purposes, or when they are designated as such to avoid an accounting mismatch or to enable performance evaluation where a group of financial assets is managed by key management personnel on a fair value basis in accordance with a documented risk management or investment strategy. Such assets are subsequently measured at fair value with changes in carrying value being included in profit or loss.
(ii)
Loans and receivables
Loans and receivables are non‐derivative financial assets with fixed or determinable payments that are not quoted in an active market and are subsequently measured at amortised cost.
Loans and receivables are included in current assets, except for those which are not expected to mature within 12 months after the end of the reporting period. (All other loans and receivables are classified as non‐current assets.)
(iii)
Held‐to‐maturity investments
Held‐to‐maturity investments are non‐derivative financial assets that have fixed maturities and fixed or determinable payments, and it is the entity’s intention to hold these investments to maturity. They are subsequently measured at amortised cost.
Held‐to‐maturity investments are included in non‐current assets, except for those which are expected to mature within 12 months after the end of the reporting period. (All other investments are classified as current assets.)
If during the period the corporation sold or reclassified more than an insignificant amount of the held‐to‐
maturity investments before maturity, the entire held‐to‐maturity investments category would be tainted and reclassified as available‐for‐sale.
(iv)
Available‐for‐sale financial assets
Available‐for‐sale financial assets are non‐derivative financial assets that are either not capable of being classified into other categories of financial assets due to their nature, or they are designated as such by management. They comprise investments in the equity of other entities where there is neither a fixed maturity nor fixed or determinable payments. Such assets are subsequently measured at fair value.
Available‐for‐sale financial assets are included in non‐current assets, except for those which are expected to be disposed of within 12 months after the end of the end of the reporting period. (All other financial assets are classified as current assets.).
(v)
Financial liabilities
Non‐derivative financial liabilities (excluding financial guarantees) are subsequently measured at amortised cost.
Fair value
Fair value is determined based on current bid prices for all quoted investments. Valuation techniques are applied to determine the fair value for all unlisted securities, including recent arm’s length transactions, reference to similar instruments and option pricing models.
12
55
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
Note 1: Summary of Significant Accounting Policies (Continued)
e. Financial Instruments (Continued)
Impairment
At the end of each reporting period, the entity assesses whether there is objective evidence that a financial instrument has been impaired. In the case of available‐for‐sale financial instruments, a prolonged decline in the value of the instrument is considered to determine whether an impairment has arisen. Impairment losses are recognised in the statement of comprehensive income.
Derecognition
Financial assets are derecognised where the contractual rights to receipt of cash flows expire or the asset is transferred to another party whereby the entity no longer has any significant continuing involvement in the risks and benefits associated with the asset. Financial liabilities are derecognised where the related obligations are discharged, cancelled or expired. The difference between the carrying value of the financial liability, which is extinguished or transferred to another party, and the fair value of consideration paid, including the transfer of non‐cash assets or liabilities assumed, is recognised in profit or loss.
f.
Impairment of Assets
At the end of each reporting period, the entity reviews the carrying values of its tangible and intangible assets to determine whether there is any indication that those assets have been impaired. If such an indication exists, the recoverable amount of the asset, being the higher of the asset’s fair value less costs to sell and value in use, is compared to the asset’s carrying value. Any excess of the asset’s carrying value over its recoverable amount is expensed to the statement of comprehensive income.
Where the future economic benefits of the asset are not primarily dependent upon the asset’s ability to generate net cash inflows and when the entity would, if deprived of the asset, replace its remaining future economic benefits, value in use is determined as the depreciated replacement cost of an asset.
Where it is not possible to estimate the recoverable amount of a class of assets, the entity estimates the recoverable amount of the cash‐generating unit to which the class of assets belong.
Where an impairment loss on a revalued asset is identified, this is debited against the revaluation surplus in respect of the same class of asset to the extent that the impairment loss does not exceed the amount in the revaluation surplus for that same class of asset.
g. Employee Benefits
Short‐Term Employee Benefits
Provision is made for the Corporation’s obligations for short‐term employee benefits. Short‐term employee benefits are benefits (other than termination benefits) that are expected to be settled wholly before 12 months after the end of the annual reporting period in which the employees render the related service, including wages, salaries and sick leave. Short‐term employee benefits are measured at the (undiscounted) amounts expected to be paid when the obligation is settled. 13
56
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
Note 1: Summary of Significant Accounting Policies (Continued)
g. Employee Benefits (Continued)
Short‐Term Employee Benefits (Continued)
The Corporation’s obligations for short‐term employee benefits such as wages, salaries and sick leave are recognised as a part of current trade and other payables in the statement of financial position. The Corporation’s obligations for employees’ annual leave and long service leave entitlements are recognised as provisions in the statement of financial position.
Other Long‐Term Employee Benefits
Provision is made for employees’ long service leave and annual leave entitlements not expected to be settled wholly within 12 months after the end of the annual reporting period in which the employees render the related service. Other long‐term employee benefits are measured at the present value of the expected future payments to be made to employees. Expected future payments incorporate anticipated future wage and salary levels, durations or service and employee departures and are discounted at rates determined by reference to market yields at the end of the reporting period on government bonds that have maturity dates that approximate the terms of the obligations. Any remeasurements for changes in assumptions of obligations for other long‐term employee benefits are recognised in profit or loss in the periods in which the changes occur.
The Corporation’s obligations for long‐term employee benefits are presented as non‐current provisions in its statement of financial position, except where the Corporation does not have an unconditional right to defer settlement for at least 12 months after the end of the reporting period, in which case the obligations are presented as current provisions. h. Cash and Cash Equivalents
Cash and cash equivalents include cash on hand, deposits held at call with banks, other short‐term highly liquid investments with original maturities of three months or less, and bank overdrafts. Bank overdrafts are shown within short‐term borrowings in current liabilities on the statement of financial position.
i.
Goods and Services Tax (GST)
Revenues, expenses and assets are recognised net of the amount of GST, except where the amount of GST incurred is not recoverable from the Australian Taxation Office (ATO). In these circumstances the GST is recognised as part of the cost of acquisition of the asset or as part of an item of expense. The net amount of GST recoverable from, or payable to, the ATO is included as part of receivables or payables in the statement of financial position.
Cash flows are included in the statement of cash flows on a gross basis, except for the GST component of cash flows arising from investing and financing activities which is recoverable from, or payable to, the ATO. The GST component of financing and investing activities which is recoverable from, or payable to, the ATO is classified as a part of operating cash flows. Accordingly, investing and financing cash flows are presented in the statement of cash flows net of the GST that is recoverable from, or payable to, the ATO.
j.
Income Tax
No provision for income tax has been raised as the entity is exempt from income tax under Div 50 of the Income Tax Assessment Act 1997 .
k. Intangibles
Software
Software is recorded at cost. Software has a finite life and is carried at cost less any accumulated amortisation and impairment losses. It has an estimated useful life of between one and three years. It is assessed annually for impairment.
14
57
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
Note 1: Summary of Significant Accounting Policies (Continued)
Provisions
Provisions are recognised when the entity has a legal or constructive obligation, as a result of past events, for which it is probable that an outflow of economic benefits will result and that outflow can be reliably measured. Provisions recognised represent the best estimate of the amounts required to settle the obligation at the end of the reporting period.
m. Comparative Figures
l.
Where required by Accounting Standards, comparative figures have been adjusted to conform with changes in presentation for the current financial year.
When an entity applies an accounting policy retrospectively, makes a retrospective restatement or reclassifies items in its financial statements, a statement of financial position as at the beginning of the earliest comparative period must be disclosed.
n. Trade and Other Payables
Trade and other payables represent the liability outstanding at the end of the reporting period for goods and services received by the corporation during the reporting period which remain unpaid. The balance is recognised as a current liability with the amounts normally paid within 30 days of recognition of the liability.
o. Critical Accounting Estimates and Judgments The directors evaluate estimates and judgments incorporated into the financial statements based on historical knowledge and best available current information. Estimates assume a reasonable expectation of future events and are based on current trends and economic data, obtained both externally and within the corporation.
Key estimates
Impairment
The freehold land and buildings were independently valued in July 2008 . The valuation was based on the fair value less cost to sell. The critical assumptions adopted in determining the valuation included the location of the land and buildings, the current strong demand for land and buildings in the area and recent sales data for similar properties. As at 30 June 2014 the directors reviewed the key assumptions originally made by the valuers in July 2008 . They have concluded that these assumptions remain materially unchanged , and are satisfied that carrying value does not exceed the recoverable amount of land & buildings at 30 June 2014 .
p. Economic Dependence The Entity is dependent on the grants from Government for the majority of its revenue used to operate the business. At the date of this report the Board of Directors believes that adequate funding will continue to enable the entity to continue operations.
q. Fair Value of Assets and Liabilities
The corporation measures some of its assets and liabilities at fair value on either a recurring or non‐recurring basis, depending on the requirements of the applicable accounting standard.
Fair Value is the price that Corporation would receive to sell the asset or would have to pay to transfer a liability, in an orderly (i.e. unforced) transaction between independent, knowledgeable and willing market participants at the measurement date.
As fair value is a market‐based measure, the closest equivalent observable market pricing information is used to determine fair value. Adjustments to market values may be made having regard to the characteristics of the specific asset. The fair values of assets that are not traded in an active market are determined using one or more valuation observable market data techniques. These valuation techniques maximise, to the extent possible, the use of observable market data. 15
58
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
Note 1: Summary of Significant Accounting Policies (Continued)
q. Fair Value of Assets and Liabilities (Continued)
To the extent possible, market information is extracted from either the principal market for the asset (i.e. the market with the greatest volume and level of activity for the asset or, in the absence of such a market, the most advantageous market available to the entity at the end of the reporting period (i.e. the market that maximises the receipts from the sale of the asset after taking into account transaction costs and transport costs).
For non‐financial assets, the fair value measurement also takes into account a market participant’s ability to use the asset in its highest and best use or to sell it to another market participant that would use the asset in its highest and best use.
The fair value of liabilities and the Corporation's own equity instruments (if any) maybe valued, where there is no observable market price in relation to the transfer of such a financial instrument, by reference to observable market information where such instruments are held as assets. Where this information is not available, other valuation techniques are adopted and, where significant, detailed in the respective note to the financial statements.
16
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
2014
$
Note 2: Revenue and Other Revenue
Revenue from Grants
State and Federal Government and Other Grants
59
2013
$
22,296,092
19,712,900
Interest Received on Financial Assets
Rental Revenue
Other Revenue
Total Other Revenue
346,382
47,698
9,371,580
9,765,660
381,632
95,390
6,603,124
7,080,146
Significant Revenue
State and Federal Government and Other Grants
3,522,688
1,245,000
Other Revenue
Included in Revenue from Grants is significant revenue relating to financial assistance received
and utilised on construction of the Kimberley Land Council purpose built office facility and purchase of other approved assets.
Note 3: Expenses
Depreciation and Amortisation
Plant and Equipment
Motor Vehicles
Buildings
Finance Costs
Interest Expenses
Rental Expenses on Operating Leases
Minimum Lease Payments
93,279
215,253
59,400
367,932
111,482
89,792
0
201,274
113,054
157,191
834,094
952,182
10,265,079
2,663,650
600
12,929,329
8,904,352
4,201,932
7,634
13,113,918
Note 4: Cash and Cash Equivalents
CURRENT
Cash at Bank ‐ Unrestricted
Cash at Bank ‐ Restricted
Cash on Hand
Cash at Bank ‐ Restricted represents unexpended grants income on hand at the end of the year.
17
60
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
2014
$
Note 5: Trade and Other Receivables
CURRENT
Trade Receivables
Total Current Trade and Other Receivables
Note 6: Other Assets
CURRENT
Prepayments
2013
$
590,963
590,963
1,578,410
1,578,410
444,252
444,252
461,915
461,915
5,311,798
0
(59,400)
5,400,090
10,652,488
0
5,311,798
0
1,235,328
6,547,126
1,012,418
(691,686)
320,732
753,947
(598,407)
155,540
1,189,598
(634,669)
554,929
843,858
(419,416)
424,442
0
272,137
272,137
0
0
0
11,800,286
7,127,108
Note 7: Property, Plant and Equipment
LAND AND BUILDINGS
Freehold Land and Buildings at Fair Value:
Directors' Valuation 2014
Independent Valuation 2009
Less Accumulated Depreciation
Work in Progress ‐ Administration Building
Total Land and Buildings
PLANT AND EQUIPMENT At Cost
Less Accumulated Depreciation
Total Plant and Equipment
MOTOR VEHICLES
At Cost
Less Accumulated Depreciation
Total Motor Vehicles
SOFTWARE AND WEBSITE
At Cost
Work In Progress ‐ Software and Website Total Software and Website
Total Property, Plant and Equipment
18
61
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
Note 7: Property, Plant and Equipment (continued)
Included in freehold Land & Buildings at Fair Value are the following assets which have been provided as security to the ANZ bank for the Bank Line of Credit of $ 1,912,607 (2013: $1,912,607) disclosed at Note 9 .
Volume Folio
2655 530
1639 283
1849 710
1851 646
1769 101
1247 675
Dampier Terrace Broome
11 Gregory Street Broome
12 Rosewood Street Kununurra
7 Archer Street Derby
21 Windjana Street Derby
26 Knowsley Street Derby
2014
$
730,000
1,640,000
390,000
310,000
425,000
300,000
3,795,000
2013
$
730,000
1,640,000
390,000
310,000
425,000
300,000
3,795,000
In addition , the following assets have other encumbrances as detailed below : 40 Loch Street Derby : A caveat originally imposed by ATSIC which restricts the use of the property for the purpose of administration and operations of the Corporation .
Dampier Terrace Broome : Has a developmental memorial to prevent development outside of the Shire of Broome's Heritage Policy .
11 Gregory Street Broome : Has restrictions by Lottery West protecting its equitable mortgage in the Land and their approval must be sought for any sale of the property during the term of the Building Grant Agreement.
Work in Progress:
Land and Buildings
Administration Building : The Kimberley Land Council is building a new Administration Building at 11 Gregory Street, Broome. As at 30 June 2014 the Administration building is disclosed as work in progress as it is not yet complete as at 30 June 2014. The building is expected to be completed during the 2014/15 financial year. Depreciation on the new building will commence when building construction is completed and the building is held ready for use.
Software and Website
Kimberley Land Council is developing a new corporate website and internal database management system. As at 30 June 2014 Software and Website development is disclosed as work in progress as the website and software was still being developed. Depreciation on the new website and software wil commence when the development is completed. It is anticipated this will occur in the 2014/15 financial year.
19
5,311,798
0
(59,400)
5,252,398
2014
Balance at the beginning of the year
Additions at cost
Depreciation expense
Carrying amount at the end of the year
1,235,328
4,164,762
0
5,400,090
147,430
1,087,898
0
0
1,235,328
$
6,547,126
4,164,762
(59,400)
10,652,488
$
5,459,228
1,087,898
0
0
6,547,126
155,540
258,471
(93,279)
320,732
$
182,466
62,866
0
(89,792)
155,540
Total Land Plant and and Equipment
Buildings
424,442
345,740
(215,253)
554,929
$
76,170
459,754
0
(111,482)
424,442
Motor Vehicles
0
272,137
0
272,137
0
0
0
0
0
Work In Progress (Software and Website)
7,127,108
5,041,110
(367,932)
11,800,286
$
5,717,864
1,610,518
0
(201,274)
7,127,108
Total
20
As at 30 June 2014, the directors performed a directors’ valuation on the freehold land and buildings. The directors have reviewed the key assumptions adopted by the valuers in 2008 and do not believe there has been a significant change in the assumptions at 30 June 2014. The directors therefore believe the carrying value of the land correctly reflects the fair value less cost to sell at 30 June 2014.
Asset Revaluations
The freehold land and buildings were independently valued in July 2008 by Kimberley Property Valuers. The valuation was based on the fair value less cost to sell. The critical assumptions adopted in determining the valuation included the location of the land and buildings, the current strong demand for land and buildings in the area and recent sales data for similar properties. The valuation resulted in a revaluation increment of $1,778,624 being recognised in the revaluation surplus for the year ended 30 June 2012.
$
5,311,798
0
0
0
5,311,798
2013
Balance at the beginning of the year
Additions at cost
Disposal
Depreciation expense
Carrying amount at the end of the year
Land and Buildings
Work In Progress (Administration Building)
Movement in the carrying amounts for each class of property, plant and equipment between the beginning and the end of the current financial year:
Movements in Carrying Amounts
Note 7: Property, Plant and Equipment (Continued)
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
62
63
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
Note 8: Trade and Other Payables
CURRENT
Trade Payables
Other Current Payables
Accrued Salaries and Wages
2014
$
2013
$
5,978,453
1,229,073
209,230
7,416,756
6,371,253
843,481
472,510
7,687,244
1,912,607
1,912,607
1,912,607
1,912,607
Note 9: Borrowings
NON‐CURRENT
Bank Line of Credit
Total Borrowings
The bank debt is secured by a first registered mortgage over certain freehold properties owned by the Kimberley Land Council as detailed in Note 7.
Note 10: Provisions
Analysis of total provisions
Current
Non‐Current
Total
Provision for
Annual
Leave
$
798,750
253,896
(117,308)
935,338
Opening balance as at 1 July 2013
Additional provisions
Amounts used
Balance at 30 June 2014
21
1,128,752
168,839
1,297,591
905,950
228,904
1,134,854
Provision for
Long Service
Leave
$
336,104
123,676
(97,527)
362,253
Total
$
1,134,854
377,572
(214,835)
1,297,591
64
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
Note 10: Provisions (Continued)
Provision for Long‐term Employee Benefits A provision has been recognised for employee entitlements relating to long service leave. In calculating the present value of future cash flows in respect of long service leave, the probability of long service leave being taken is based on historical data. The measurement and recognition criteria relating to employee benefits have been included in Note 1.
2014
$
Note 11: Capital and Leasing Commitments
Operating Lease Commitments
2013
$
Non‐cancellable operating leases contracted for but not capitalised in the financial Payable – minimum lease payments:
– not later than 12 months
480,235
– later than 12 months but not later than five years
430,161
Total
910,396
512,657
184,939
697,596
The property lease commitments are non‐cancellable operating leases contracted for but not capitalised in the financial statements with a five‐year term. Increase in lease commitments may occur in line with the Consumer Price Index (CPI).
Capital Expenditure Commitments
Contracted for:
Construction for KLC Building in Broome
5,575,854
5,575,854
10,040,076
10,040,076
Note 12: Events After the Reporting Period
The Directors are not aware of any matter or circumstance that has arisen since the end of the year that has significantly affected or may significantly affect the corporations operations, results and the state of affairs in future financial years.
Note 13: Key Management Personnel Compensation
The totals of remuneration paid to Key Management Personnel (KMP) of the corporation during the year are as follows:
Key Management Personnel Compensation
956,000
22
793,000
65
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
2014
$
Note 14: Related Party Transactions
Mr Frank Davey 5,245
2013
$
30,000
Mr Frank Davey (Co ‐Chairman of KLC) is a director of Gambanan Pty Ltd and was engaged during the year to provide consultancy services to the Kimberley Land Council. Mr Frank Davey also received retainer and other payments during the year in an advisory capacity and to provide consultancy services to the Kimberley Land Council.
These transactions are on normal commercial terms and conditions, and are no more favourable than those available to other persons or entities.
Note
2014
2013
$
$
Note 15: Financial Risk Management
The Corporation’s financial instruments consist mainly of deposits with banks, local money market instruments, short‐term investments, accounts receivable and payable.
The totals for each category of financial instruments, measured in accordance with AASB 139 as detailed in the accounting policies to these financial statements, are as follows:
Financial Assets
Cash and Cash Equivalents
Current Trade and Other Receivables
Total Financial Assets
Financial Liabilities
Financial Liabilities at Amortised Cost:
Trade and Other Payables
Borrowings
Total Financial Liabilities
4
5
12,929,329
590,963
13,520,292
13,113,918
1,578,410
14,692,328
8
9
7,416,756
1,912,607
9,329,363
7,687,244
1,912,607
9,599,851
Note 16: Reserves
Revaluation Surplus
Revaluation surpluses have arisen on revaluation of the following classes of non‐current assets:
Land and Buildings
Opening Balance
Revaluation Increment
Revaluation Decrement
Total Asset Revaluation Surplus
23
1,778,624
0
0
1,778,624
1,778,624
0
0
1,778,624
1,778,624
1,778,624
66
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
Note
Note 17 : Cash Flow Information
Reconciliation of Cash Flow from Operations to Operating Surplus
Operating Surplus/(Deficit)
2014
$
2013
$
5,129,512 1,364,199
367,932 201,274
Adjustment for changes in operating assets and liabilities:
Decrease/(Increase)in Accounts Receivable
Increase/(Decrease) in Accounts Payable
Increase/(Decrease) in Provisions
Increase/(Decrease) in Unexpended Grants
1,005,110 (270,488)
162,737 (1,538,282)
(1,092,509)
1,929,705
101,131
(611,107)
Net cash provided by Operating Activities
4,856,521 1,892,693 Adjustment for non‐cash expenses:
Depreciation
Carrying Amount of Assets Disposed
24
67
68
69
Glossary
Glossary
Gambanan, Bardi Jawi country
AGM
Annual General Meeting
ADJR dministrative Decisions (Judicial
A
Review) Act, 1977
IPA
Indigenous Protected Area
KALACCKimberley Aboriginal Law and Culture
Centre
ALTAboriginal Lands Trust
KLC
Kimberley Land Council
AQIS
KLRC
Kimberley Language Resource Centre
KRED KRED Enterprises
KTLA Karajarri Traditional Lands Association
LSMU
Land and Sea Management Unit
NHL
National Heritage Listing
NNTC National Native Title Council
NNTT National Native Title Tribunal
NTA
Native Title Act (Cth) 1993
Australian Quarantine Inspection Service
CATSI ActCorporations (Aboriginal and Torres
Strait Islander) Act 2006
CEO
Chief Executive Officer
CFI
Carbon Farming Initiative
CPA
Certified Practising Accountant
DAA
Department of Aboriginal Affairs
DFESDepartment of Fire and Emergency
Services
DPaW
Department of Parks and Wildlife
NTRB Native Title Representative Body
DPP
Dampier Peninsula Plan
PBC
Prescribed Bodies Corporate
EHSIS nvironmental Heritage and Social
E
Impact Services
RNTBC Registered Native Title Bodies Corporate
SAFA State Activities and Future Acts
FAA
Financial Assistance Agreement
WWRNTBC
HPA
Heritage Protection Agreement
anjina Wunggurr Registered Native
W
Title Bodies Corporate
ILUA
Indigenous Land Use Agreement
70
Notes
Kimberley Land Council
Notes
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Kimberley Land Council
36 Pembroke Rd, Broome WA 6725 • PO Box 2145 • Ph: (08) 9194 0100 • Fax: (08) 9193 6279 • Email: [email protected]
Kununurra
Lot 2229 Speargrass Rd, Kununurra WA 6743 • PO Box 821 • Ph: (08) 9194 0190 • Fax: (08) 9168 1509
Derby
Lot 285 Loch St, Derby WA 6728 • PO Box 377 • Ph: (08) 9194 0175 • Fax: (08) 9193 1163
www.klc.org.au