VIEWS: 42 PAGES: 173 POSTED ON: 9/27/2011
Central Land Council - Annual Report 07 - 08 The Central Land Council Annual Report 2007-2008 The Central Land Council, 33 Stuart Hwy, Alice Springs, NT 0870 PO Box 3321, Alice Springs, NT, 0870 tel: 0889516211 Front cover: The last land claim in the CLC region. The Simpson Desert Repeat Claim was heard by Justice Howard Olney in the field in the Simpson Desert, north- east of Alice Springs. An electronic copy of this report can be found at www.clc.org.au Central Land Council - Annual Report 07 - 08 Contents Chairmans Report 2 4.3 Cultural and Heritage Support 72 Directors Report 3 4.4 Community Development Overview of the CLC 5 support 77 Council Members 9 Performance Report 12 Output Group 5 82 Administration and Support Services 5.1 Distributions 83 Output Group 1 15 Land and Natural Resource Management 5.2 Administer land trusts 86 1.1 Permits 16 5.3 Dispute Resolution 89 1.2 Land and Natural Resource Management 17 Output Group 6 90 Native Title Native title determinations 92 Output Group 2 33 Compensation applications 93 Land Claims and Acquisitions Support Claimant applications 94 Services Future acts 97 2.1 Land Claims 35 Indigenous land use agreements 98 2.2 Other land acquisition 37 Governance and 99 Output Group 3 39 Accountability Economic Development and Commercial Services Financial statements 107 3.1 Land use Agreements 41 3.2 Employment, Education and Training 44 3.3 Mining 50 3.4 Commercial assistance 58 Output Group 4 65 Advocacy services 4.1 Public awareness and education 66 4.2 Advocacy and representation 68 Central Land Council Annual Report An Overview of the Central Land Council The Chairman’s Report under the Land Rights Act: a repeat land claim in the Simpson Desert. If we win this claim, Eastern Arrernte people can look after that country and protect our sites. We’ll get the young fellas out and with some help they can develop some business for themselves, perhaps in tourism. Other Aboriginal people in the CLC region are making use of their land. That’s important for the future. We need to make use of our land. More Aboriginal people in Central Australia are thinking like this and the CLC has been working really hard with people in the bush for things like tourism, cattle, ranger groups and those sorts of businesses. CLC Chairman Lindsay Bookie The CLC has also helped people to decide to Our people living in remote Aboriginal spend their mining royalties on community things communities around the CLC region have had to like art centre buildings and education instead of cope with massive changes in the last financial buying things that last a short time. It’s a good year. way to go because those mining royalties won’t be here forever. The biggest has been the Federal Government’s emergency response in our communities. There’s been so many changes. Aboriginal people and governments need to talk to each The Government’s emergency response in 2007 other more. Governments need to listen to us, was a major change for people in the bush. It otherwise our situation won’t get better. was hard for people because they didn’t under- stand it and most felt confused. Some felt fright- ened. Nobody had told us it was happening and nobody had asked us what we thought about it. The CLC has helped explain it to our people. It’s important to explain it to people in the bush, especially the old people and the young ones. Some people are happy with changes brought about by the intervention. Others think every- thing that’s happening with the intervention is terrible. We should know about anything that the Government intends to do in Aboriginal affairs because we are the ones that are affected. Last year we began the CLC’s last land claim Central Land Council - Annual Report 07 - 08 2 The Director’s Report The last financial year has been dominated by the Northern Territory Emergency Response initiated by the Australian Government in July last year. In August, more than 500 pages of the legisla- tion purporting to protect children were rammed through the Australian Parliament with bipartisan support. The components of the legislation were so large and complex that even some of the Coalition’s own members admitted they hadn’t read it. At the time, the Central Land Council voiced a number of objections to the package includ- ing the suspension of the Racial Discrimination Act, the scrapping of permits and the imposition of five-year leases in particular. In addition it bore little relationship to the recommendations CLC Director David Ross of the Little Children are Sacred Report which had been used to justify the legislation. Perhaps made enormous progress in many areas. most importantly the package was delivered with Through the CLC, Aboriginal people are increas- no consultation with Aboriginal people at all and ingly deciding to spend their own royalty monies I feel this factor undercuts the effectiveness of on services and infrastructure that other Austra- any positive measures brought in to help people. lians take for granted. From my discussions with the many Aboriginal In particular, the Warlpiri people north-west people in Central Australia I meet in the course of Alice Springs are investing heavily in their of our work, there is little doubt that many of children’s future through self-funded programs them feel more demoralised and disenfranchised involving early childhood centres, youth media than ever. Many people felt the package was po- and adult learning centres. litically motivated and aimed at them as a ‘land grab’. It is unsurprising they felt this way given Similarly Uluru traditional owners are investing the constant attacks on land rights since the their rent monies in infrastructure on their com- Aboriginal Land Rights (Northern Territory) Act munities. Our land management and employ- 1976 was brought in. The former Foreign Min- ment staff continue to work with traditional ister Alexander Downer has publicly stated that owners to create sustainable employment op- the Howard Government believed the Emergen- portunities on Aboriginal land to care for some of cy Response would improve the Government’s the nation’s most environmentally pristine areas. poll ratings, which also gives some credence to The Central Land Council has continued its their misgivings. strong relationship with the mining industry and Despite the heavy extra workload imposed by increased mining and exploration activity has led the Emergency Response, the CLC still man- to an increase in employment opportunities for aged to have a very productive year and has Aboriginal people. Central Land Council - Annual Report 07 - 08 3 Central Land Council - Annual Report 07 - 08 The CLC works hard to place Aboriginal people accountability are still causes for concern. A on remote communities into pre-vocational change of political leadership within the NT Gov- courses and training programs. Often these ernment in November 2007 did little to improve people have never worked and have only ever its effectiveness in the bush and I have repeated experienced welfare. my calls for an inquiry into Australian Govern- While the numbers appear small, there is no ment grants to the NT. doubt Aboriginal people are increasingly keen to Yet again, I thank the tireless and dedicated CLC engage and utilise the opportunities presented to staff who work long hours and drive thousands them. An extremely welcome new development of kilometres to provide a service to our constitu- is the large number of Aboriginal women taking ents. Your efforts are sincerely and gratefully up jobs at the Granites gold mine. acknowledged. For the first time in our mining industry employ- Lastly, I thank the Australian Government for the ment strategy, demand for jobs from remote funding which will allow the Central Land Council communities has outstripped the number of jobs to move into one new purpose-built office in available at the mine. This can be attributed to Alice Springs next year. Aboriginal people feeling increasingly comfort- able in that environment as more and more The building will be a worthy symbol of the Aboriginal people are employed there. resilience and patience of Aboriginal people in Central Australia and the 90 members of the It can be argued that through our employment, Central Land Council. land management and community development initiatives, a quiet revolution is beginning, where- Despite the hardships and frustrations they by Aboriginal people are slowly, but increasingly, endure as government policy fads come and go, becoming engaged in the mainstream economy. our members continue to powerfully articulate We are justifiably proud of the progress we are their aspirations for a better future. making in these areas. It is the CLC’s job to ensure that somebody is Unfortunately the Territory’s governance and listening. Central Land Council - Annual Report 07 - 08 4 About the CLC Background July 1973. He recommended that a Central and a Northern Land Council be established in order The Central Land Council is a statutory author- to present to him the views of Aboriginal people. ity operating under the Aboriginal Land Rights In 1974 the Central Land Council was formed. At (Northern Territory) Act 1976 and a Native Title that stage the staff consisted of an officer of the Representative Body under the Native Title Department of Aboriginal Affairs, who liaised with Act 1993. lawyers in Melbourne and Adelaide. The roots of the Central Land Council lie in the Following a meeting of representatives of Ab- history of the Aboriginal struggle for justice in original communities, the Council was restruc- fig. [ number ] : output famous strike Central Australia — events like the groups and for Kumantjayi Perkins was elected outputs1975.2008 tured in and walk off by the Gurindji people at Wave Hill Chairman and Wenten Rubuntja elected Vice cattle station in 1966. In response to Aborigi- Chairman. A lawyer was assigned by the Central nal demands, in February 1973 the Common- Australian Aboriginal Legal Aid Service to work wealth Government set up a Royal Commission for the Council. under Mr Justice Woodward to inquire into how Enhanced social , political might be achieved in the Northern land rights and economic After considering Mr Justice Woodward’s final Territory. participation and report, the Government drew up an Aboriginal equity for Aboriginal Land Rights Bill. However, the Labor Govern- The Commissioner presented his first report in people in the Land Below: Billy Bunter and Jimmy Wave Hill at Wave Hill station talking about the events of 1966 which helped Council’s area as a precipitate the land rights movement result of the promo- tion, protection and advancement of their land rights, other rights and interests Central Land Council - Annual Report 07 - 08 5 Central Land Council - Annual Report 07 - 08 About the CLC ment was dismissed before the Bill passed The functions of a Land Council are — through Parliament. to ascertain and express the wishes and the In June 1976 Wenten Rubuntja was elected opinion of Aboriginals living in the area of the Chairman. After vigorous public and parliamen- Land Council as to the management of Ab- tary debate the legislation was passed. The original land in that area and as to appropriate new Liberal/Country Party Government omitted legislation concerning that land; provisions for land claims based on need and to protect the interests of traditional Ab- various other features of the original Bill. original owners of, and other Aboriginals inter- The Aboriginal Land Rights (Northern Territory) ested in, Aboriginal land in the area of the Land Act 1976 was assented to on 16 December 1976 Council; and came into operation on 26 January 1977. to assist Aboriginals in the taking of mea- It gave Aborigines title to most of the Aborigi- sures likely to assist in the protection of sacred nal reserve lands in the Northern Territory and sites on land (whether or not Aboriginal land) in the opportunity to claim other land not already the area of the Land Council; owned, leased or being used by someone else. to consult with traditional Aboriginal owners The Central Land Council is now one of the four of, and other Aboriginals interested in, Aborigi- Northern Territory Land Councils operating under nal land in the area of the Land Council with the Act. respect to any proposal relating to the use of that land; It’s region includes 780,000 square kilometres of land, is made up of nine regions and takes in where the Land Council holds in escrow more than 20 language groups. a deed of grant of land made to a Land Trust under Section l2 — It consists of 90 Aboriginal people elected from communities around the CLC region who meet in (i) to negotiate with persons having estates various bush locations three times a year. or interests in that land with a view to the acquisition of those estates or interests by the The CLC is also a Native Title Representative Land Trust; and Body under the Native Title Act 1993. (ii) until those estates or interests have As a Commonwealth statutory body, the CLC been so acquired, to negotiate with those per- consults with Aboriginal landowners on mining sons with a view to the use by Aboriginals of the activity, land management, tourism, employment land in such manner as may be agreed between and other development proposals for their land. the Land Council and those persons; Statutory FunctionS to negotiate with persons desiring to obtain The statutory functions of the Central Land an estate or interest in land in the area of the Council are described in Section 23 (1) and are Land Council — laid out below. (i) where the land is held by a Land Trust — Although its functions are determined by the Act, on behalf of traditional Aboriginal owners (if any) the Land Council is first and foremost a repre- of that land and of any other Aboriginals inter- sentative organisation for the Aboriginal people ested in the land; and in its area. Central Land Council - Annual Report 07 - 08 6 About the CLC (ii) where the land is the subject of an ap- locations within the Central Land Council area. plication referred to in paragraph 50 (1) (a) - on Meetings are generally open to all Aboriginal behalf of the traditional Aboriginal owners of people in the Central Land Council area, but that land or on behalf of any other Aboriginals only Council members may vote or hold office. interested in the land; Communities within the Central Land Council to assist Aboriginals claiming to have a tra- area nominate a member (or members) to the ditional land claim to an area of land within the Council. area of the Land Council in pursuing the claim, The list of communities and allocation of rep- in particular, by arranging for legal assistance for resentives are subject to review by the Council them at the expense of the Land Council; and to approval by the Minister. In 2007-2008 to negotiate and enter into agreements, as there were 93 members of the Central Land necessary, for the purposes of subsection 70(4); Council. to compile and keep — the executive (i) a register recording the names of the The Council members elect and delegate pow- members of the Land Council; and ers to the Executive, which meets between (ii) a register recording the names of the Council meetings. members of the Land Trusts holding, or estab- lished to hold, Aboriginal land in its area and The 11 member Executive is comprised of descriptions of each area of such Aboriginal the Chairman, the Deputy Chairman and nine land; and members elected by the delegates from each to supervise, and provide administrative or of the nine regions. The Chairman is a full-time other assistance for, Land Trusts holding, or employee of the Land Council. established to hold, Aboriginal land in its area. the council The Council directs policy within the CLC. It meets at least three times a year in different Members of the Central Land Council at Tennant Creek in 2007 Central Land Council - Annual Report 07 - 08 7 Central Land Council - Annual Report 07 - 08 About the CLC executive meetingS Dennis Williams and Lindsay Turner painting the CLC logo on the Barunga Statement in 1988 the clc logo The Central Land Council logo was painted by Wenten Rubuntja, Lindsay Turner Jampijinpa and Dennis Williams Japanangka from Central Australia. It tells part of the Two-Women Dreaming which links together all the major language groups of the Centre and calls on Aboriginal people to come together to celebrate their culture and their country. It was incorporated in the Barunga Statement that was presented to the Prime Minister of Australia, Bob Hawke, on the 12th of June 1988. The statement was presented by the chairmen of the Central and Northern Land Councils, Wenten Rubuntja and Galarrwuy Yunupingu during the Barunga Sports and Cultural Festival and takes the form of a petition set amidst a series of paintings. The petition calls for the Australian Government to recognise the rights of the nation’s indigenous peoples and the paintings tell stories from the land. Central Land Council - Annual Report 07 - 08 8 Central Land Council Members Chairman Lindsay Bookie Deputy Chairman Maurie Ryan Region 1 CENTRAL Region 2 SOUTH WEST Executive member Raelene Smith Executive member Harry Wilson Tangentyere Council: Walter Shaw; Docker River Outstations: Jim Nukati; Docker Hermannsburg Outstations:Alison Hunt, Ralph River: Yvonne Yipardi; Mutitjulu: Harry Wilson; Malbunka, Conrad Ratara; Yatesman’s Bore: Aputula: David Doolan; Tempe Downs: Bruce Patrick Oliver; Ntaria: Gus Williams Breaden; Areyonga: Theresa Nipper; Imanpa (Mt. Wallace Rockhole: Bernard Abbott Ebenezer): Robert Coombes, Philip Coombes; Iwupataka Council (Jay Creek):Tessa Campbell; Waltitjata Outstation:vacant; Kings Canyon Santa Teresa: Paul Williams; Amoonguna: Outstations:Stephen Clyne Roseanne Ellis; Uruna: Raelene Silverton Titijkala: Phillip Wiluyka; Ingkerreke: Veronica Lynch; Lhere Artepe: Max Stuart 9 Central Land Council - Annual Report 2007 - 2008 Region 3 NORTH WEST Region 4 TANAMi Executive member Gus George Executive member William Brown Mistake Creek: Jack Cooke; Daguragu: Jimmy Willowra:Teddy Long, William Brown; Yuendumu: Wavehill; Dagaragu Outstations: Maurie Ryan Harry Nelson– (ABA member), Francis Kelly; Yuen- Gus George; Lajamanu: Willie Johnson, Geoffrey dumu Outstations: Richie Robertson, Jeanie Egan; Mathews; Lajamanu Outstations: Joe James; Nyirripi: Chris Michael; Mt. Barkly: Clarke Martin; Bamboo Springs: Desley Rodgers Tanami Downs: Peggy Granites; Mount Denison: Roslyn Jones Region 5 WESTERN Region 6 TENNANT CREEk Executive member Richard Minor Executive member Gina Smith Kintore: Irene Nungala; Kintore Outstations: Tennant Creek: Valda Shannon, Ronald Plummer; Lindsay Corby; Papunya: Dennis Minor; Papunya Nguyarrmini:Richard James; Epenarra:Philip Beas- Outstations:Adrian Stockman; Mt Liebig: Bundi ley; Alekarenge (Warrabri): Joseph Thompson, Ned Rowe; Mt Liebig Outstations: Richard Minor; Kelly; Imangara (Murray Downs): Martin Spratt; Haasts Bluff: Suparkra Jugadai; Haasts Bluff Kunayungku: Brian Tennyson; Mungalawurru Outstations: Douglas Multa – (ABA member); Outstation: Brian Freddie; Canteen Creek: Adrian Mbunghara: Justin Wako Mick; Wunara: Maisie Ward Karlanjarriyi: Sandra Morrison Central Land Council - Annual Report 2007 - 2008 10 Region 7 EASTERN SANdOvER Region 8 EAST PLENTy Executive member Maxie Ray Executive member Anthony Petrick Ampilatwatja (Amaroo): Simon Holmes; Alpurru- Mt. Eaglebeak: Maria Scharber; Irrerlirre (McDon- rulam (Lake Nash): Maxie Ray; Urapuntja (Utopia): ald Downs): Toby Petrick; Akarnenhe Well (Atula): Casey Holmes George Clubb; Atnwengerrpe: Michael Williams; Bonya: Lindsay Bookie– (ABA Gilbert Corbett; Derry Downs: Ron Mills; Irrultja: member); Atitjere (Harts Range): Anthony Patrick; Simon Ross; Alparra: Harold Nelson, Lenny Jones Urlampe Outstation: Allan Rankine; Alcoota: Clifford Tilmouth Region 9 ANMATyERE Executive member Ron Hagan Yuelamu (Mt Allen): Ron Hagan, David Stafford Ti Tree (17 Mile):Comet Fishhook; Ti Tree 6 Mile: Archie Glenn; Adelaide Bore (Woola Downs): Lawrie Price; Laramba (Napperby): Steven Briscoe; Wilora (Stirling): Claude Pultara; Thangkenharange:Tommy Thompson, Tommy Walkabout 11 Central Land Council - Annual Report 2007 - 2008 Central Land Council Annual Report Financial and Operational Performance Output GrOupS OutputS OutCOME Output GrOup 1 1.1 Permits Enhanced Land and Natural resource management 1.2 Land and Natural Resource social , political Management and economic total price: $3,921,878 participation and equity for Aboriginal Output GrOup 2 Land Claims and Acquisitions 2.1 Land Claims people in the Land Council’s Support Services 2.2 Other land acquisition area as a result total price: $908,073 of the promo- tion, protection 3.1 Land use Agreements and advance- Output GrOup 3 3.2 Employment, Education and ment of their Economic Development and Training land rights, Commercial Services 3.3 Mining other rights and total price: $4,477,214 interests 3.4 Commercial Assistance 4.1 Public Awareness and Education the CLC’s total Output GrOup 4 4.2 Advocacy and Representation expenditure for Advocacy Services 4.3 Cultural and Heritage Support the 2007-2008 total price: $3,769,517 tOtAL = 4.4 Community Development Support $18,349,066 Other Grants Output GrOup 5 5.1 Distributions tOtAL = Administration and Support 5.2 Administer Land Trusts $2,808,191 Services total price: $2,472,546 5.3 Dispute Resolution recoveries tOtAL = Output GrOup 6 $1,960,000 Native title total price: $2,799,839 Central Land Council - Annual Report 07 - 08 12 Financial and Operational Performance Performance rePort rEvENuE SOurCE % The Central Land Council has multiple sources Aboriginal Benefits Account (ABA) of revenue which are indicative of the evolving 45% funding nature of operations performed to comply with statutory functions. The CLC is a Commonwealth Cost Recoveries 12% statutory authority operating under the Aboriginal Land Rights (Northern Territory) Act 1976 and a Other Income 4% Native Title Representative Body under the Na- Native Title Representative Body tive Title Act 1993. 16% funding Broadly operations support traditional owners in Special - Building Project 11% achievement and continuing administration of: l Land Acquisition Special Purpose Program Agreements (primarily related to 12% l Native Title Land Management) l Commercial agreements with parties in- terested in the use of Aboriginal land and the 100% management of income arising from land use Economic development and commercial services agreements. accounts for the largest expenditure on any out- l Working with traditional owners to manage put group: $4.47M or 24 per cent of the CLC’s their land and resources, protect sacred sites, total expenditure. This reflects the increased progress economic and community development interest by Aboriginal landowners and govern- and take up related employment opportunities. ments in land use agreements; increased de- mand for applications for consent to explore and l Representing the interests and aspirations of mine on Aboriginal land; and costs relating to the Aboriginal people in Central Australia in regard CLC employment unit, tourism development and to land. pastoral development projects. While the processes associated with acquiring As discussed in greater detail in the following re- Aboriginal freehold title have diminished over the ports, outputs classified under Natural Resource past 30 years, land use agreements and land Management ($3,921,878; 21%) and Advocacy management operations are significantly esca- ($3,769,517; 21%) are other growing areas of lating and economic and employment benefits to operations for CLC. In particular, there has been the traditional owners are increasing. growth over past years in the area of community The Central Land Council is funded on a cash development (under the output group of Advoca- basis with annual estimates of revenue, less cy) and the Community Ranger programs (clas- expenditure, being break even. CLC operational sified under Natural Resource Management). sources of revenue are detailed in the following The CLC is aggressive in identifying cost recov- table: ery opportunities in accordance with Common- wealth guidelines to mitigate any reduction in the level of and/or quality of service delivery in performance of its functions. Productivity gains Central Land Council - Annual Report 07 - 08 13 12 central Land council annual report and cost recoveries cannot keep pace with in- CLC jurisdiction. Mining activity has increased creasing costs, particularly fuel and salary costs. considerably year-on-year. The CLC had 262 The need to identify special purpose funding Exploration Licence Applications (ELAs) under sources to perform CLC functions is becoming negotiation at 30 June 2008 – an increase of 25 more critical. per cent since 2007. The CLC has a statutory function and responsibility to engage in the ELA The actual net revenue and expenditure result process in prescribed time frames. for the financial year ended 30 June 2008 was extremely close to break even (effectively $nil – The Northern Territory Emergency Response by refer to the Notes in the ABA and the Native Title the Australian Government imposed serious cost accounts). implications for the CLC which has a respon- sibility to inform, and express the views, of its Although a surplus of $4,304,223 is reported constituents. There has been no funding for this in the Central Land Council Income Statement, unplanned function. The appointment of one law- this amount is the result of a significant change yer to coordinate leasing negotiations has been in accounting policy, the details of which are funded on a two year basis. described in the Notes to the accounts. Staffing accounts for around 60 per cent of the The Statutory Financial Statements have been CLC’s expenditure. Staff retention is a critical subjected to the requirements of an Austra- issue and “presents a catastrophic level risk” ac- lian Accounting Standard which insists that all cording to a recent OEA report. Professional and receipts in 2007/8 for special purpose programs experienced staff are required to carry out the must be recognised as current year revenue CLC’s statutory functions and recruitment costs although the matching expenditure will occur in range from 15 per cent to 40 per cent of the future years. first year’s salary. The challenge to recruit and The population of Aboriginal people within the retain staff will remain and the CLC will continue CLC region has grown from 18,000 to 25,000 to seek funding commensurate with maintaining in the last decade - an increase of 38 per cent. market level competitiveness. This population growth increases demand for Budgetary pressures continue to mean CLC resources and services. Most of the CLC’s opportunities are missed in the performance of constituents reside in remote communities and CLC’s statutory functions. However, the Central the “costs of doing business” are increasing Land Council is well placed to continue its record faster than the growth in approved operational of enhancing the social, political and economic funding. participation and equity of its constituents. Fuel costs have risen dramatically in the last two financial years: an increase of 11% in 2006-2007 and 14% in 2007-2008. Given that CLC staff travel millions of kilometres a year for work across the 750,000 square kilometres of our region, fuel cost increases represent a signifi- cant cost burden not recognised in approved estimates of expenditure funding. The so-called mining boom is evident in the 14 Central Land Council - Annual Report 07 - 08 Central Land Council Annual Report Output Group 1 Land and Natural Resources Management Central Land Council Annual Report Land and natural resource management The Land Council aims to provide Aboriginal landowners with information, advice and support to enable them to manage their land in a sustainable and productive way. OUTCOME OUTPUT GROUP 1 Enhanced social, political and economic Land and Natural Resource Management participation and equity for Aboriginal people in the Land OUTPUTS Council’s area as a result of the promo- 1.1 Permits tion, protection and advancement of their land rights, other 1.2 Land and Natural Resource Management rights and interests Central Land Council - Annual Report 07 - 08 16 Output 1.1 Permits Description of output for certain community access. The permit system is authorised by section At this stage, the changes to the permit system 73 of the Aboriginal Land Rights (Northern do not appear to have affected permit numbers Territory) Act 1976 (Cth) and contained within overall and in fact there has been an increase in permits issued, particularly for entry and media the Aboriginal Land Act (NT). The system permits. provides all visitors, workers and research- ers with a system of regulated access to This suggests visitors have generally respected Aboriginal land which is administered by the the CLC’s request to continue applying for per- land councils. The CLC offers entry, transit, mits and increased visitation including for NTER purposes. media (news of the day), mining and special purpose permits. On-line applications The CLC has continued to develop its on-line performance application system and database with a view to increased tracking of applications, improved The CLC issued a total of 3899 permits as database interrogation, and ability to report on follows: the timeliness of permit issues. Special purpose permits permits issueD Forty seven special purpose permits were issued Type 2006/2007 2007/2008 for research on anthropology, linguistics or ar- Entry 557 808 chaeology, and activities regarding the environ- Transit 2266 2606 ment, tourism and filming. Mining 384 411 Special Purpose NA 47 Media NA 27 TOTAL 3500 3899 comment on performance nt emergency response changes As noted below, the NTER legislation amended the system so permits were not required for public areas in main communities. The new Australian Government has sought to reintro- duce permits to communities, with exceptions for government workers and journalists. This Bill has not been passed by the Parliament and the position of the new Senate is unclear. Despite the changes, which came into effect on 17 February 2008, the CLC has requested that all visitors to Aboriginal land comply with the CLC’s permit system and has continued to pro- cess permits even if they are not legally required Central Land Council - Annual Report 07 - 08 17 Central Land Council - Annual Report 07 - 08 Output 1.2 Land and Natural Resource Management Description of output Aboriginal people have an interest, NRM issues (eg. feral animals, weeds and fire issues) and In the CLC’s region, traditional Aboriginal identified actions to address those issues. landowners own 385,392 square kilometres These reports are increasingly used as the of Aboriginal freehold land under the Aborigi- foundation for annual work plans of indigenous nal Land Rights Act. This represents 49 per community ranger programs supported under cent of the 776,549 square kilometres of land funding contracts with external agencies. covered by the CLC’s nine regions. environmentaL anD cuLturaL While the land is of immense traditional impor- assessments tance and spiritual significance to its Aboriginal owners, much of it is arid or semi arid - there The CLC provided assessments of potential im- are few surface waters, it is ecologically fragile, pacts on identified cultural and natural values to remote and often inaccessible. assist traditional owners to make fully-informed decisions in relation to: Just 14 per cent of the Aboriginal land in the CLC’s region is suitable for pastoralism. exploration licence applications over the Haasts Bluff ALT; However, there is an increasing recognition that the region contains some of the most pristine a mining proposal in the Lake Surprise natural environments in the nation. Not only are (Yinapaka) area of the Central Desert ALT on the these areas often dynamic cultural landscapes, Lander River floodout; but they support many of Australia’s most two NRM Audits to assess land condition threatened species and have an extremely high and natural resource management values of the conservation value. Aboriginal-owned Loves Creek station and the Aboriginal landowners in Central Australia face a grazing licence issued over the Mungkarta ALT diverse and complex range of land management (formerly McLaren Creek) west of the Stuart and development issues. These include mineral Highway; exploration and mining, tourism, feral animal Pmere Nyente ALT (Todd River Downs) - control, fire mangement, land degradation and continue monitoring from 2006-2007 of recovery land management. from land degradation arising from unauthorised performance overgrazing and feral animal impacts under drought conditions after earlier destocking improveD LanD resource information measures and culls were undertaken; A significant and valuable resource for the CLC annual land condition monitoring at seven is the Sub-Regional Resource Condition Reports monitoring sites on the Haasts Bluff ALT under for each of the nine CLC sub-regions. grazing licence; These reports provide comprehensive informa- commercial pastoral activity conducted on tion to guide the strategic direction of the CLC in the Mangkururrpa ALT (formerly Tanami Downs); building ‘on-ground’ natural resource manage- ment (NRM) capacity. continued to monitor lessee compliance with terms and conditions of 11 grazing licences Information compiled for each sub-region on the Angarapa, Dagaragu, Haasts Bluff, includes community land use aspirations, local Hooker Creek, Mangkururrpa, Malngin, Mung- resource support, natural and cultural resource karta, Warumungu, Wirliyajarrayi, Yalpirakinu values of Aboriginal land and other land in which and Yuendumu ALTs, particularly for environ- Central Land Council - Annual Report 07 - 08 18 central Land council annual report continued... mental requirements including stocking rates, level of co-ordination, resource, technical and overgrazing, erosion etc.; and other support undertaking a wide range CNRM activities on Aboriginal land and adjoining nation- maintained monitoring of another nine al parks in the CLC region. Aboriginal-owned pastoral enterprises Efforts continued to shift the resourcing of these community-baseD LanD programs away from a cocktail of administrative- management programs (ranger ly burdensome short term grant funded projects programs) to longer term streamlined funding arrangements Structured community-based cultural and with governments and commercial environmental natural resource management (CNRM) programs service contracts to put them on a more sustain- are increasingly the basis for supporting tradi- able and secure footing. tional owners to sustainably manage and protect There were significant areas of engage- the cultural and natural values of their country. ment pursued to this end during this period. They directly engage senior traditional owners Increased linkages were established between in mentoring younger ranger group members ranger program development and the Depart- and build valuable skills to take advantage of ment of Environment, Water, Heritage and the opportunities to provide contract environmental Arts (DEWHA) Indigenous Protected Area (IPA) management and related services to industry Program. Three large areas of Aboriginal land in and governments. the region have either proceeded to IPA declara- tion or are currently the subject of IPA feasibility These programs are a significant community assessment. The Northern Tanami IPA provides development initiative and enjoy a very high a long-term funding framework for the Lajamanu- level of community support, participation and based Wulaign Rangers and it is hoped that IPA ownership. feasibility assessments elsewhere in the region Ranger groups deliver considerable social, (Southern Tanami and Katiti-Petermann regions) environmental, cultural, employment and other will deliver similar benefits. economic benefits to traditional land owners and Although increasingly frustrated by difficulties their communities. with inter-agency co-ordination and collabora- issues anD chaLLenges to ranger tion, the CLC continued to maintain some faith in groups the intent of the Healthy Country, Healthy People (HCHP) Schedule established under the Over- CDEP support and collaboration with local com- arching Agreement on Indigenous Affairs be- munity councils and resource centres has been tween the Prime Minister and NT Chief Minister. critical for maintaining the momentum of the ranger groups. The schedule is intended to be the basis for a “whole-of-government” commitment to establish The disruptions caused by the Federal Gov- a more secure and consistent funding environ- ernment’s dismantling of CDEP caused con- ment to support indigenous engagement in the siderable setbacks for on-ground projects and sustainable management of land and seas in individual ranger motivation (see Output 3.2) in a recognition of the broad range of social, eco- number of unforeseen ways. nomic, cultural and environmental benefits that As in all areas of the CLC’s operations, recruit- arise. ing and retaining staff also proved to be a signifi- The CLC continued to engage with the cant challenge to maintaining group viability. processes and perceived opportunities of the Nevertheless, the CLC maintained a consistent HCHP Schedule. Central Land Council - Annual Report 07 - 08 19 Central Land Council - Annual Report 07 - 08 central Land council annual report continued... operationaL reports of the Community Education Centre and parents to ranger groups support intergenerational transfer of traditional knowledge. Lajamanu (northern tanami) – WuLaign ranger group yuenDumu (southern tanami) – WarLpiri ranger group The Northern Tanami Indigenous Protected Area (IPA) declaration on 30 April 2007 over an area After significant setbacks to the development of about 40,000 square kilometres of the Central of the Yuendumu-based Warlpiri Rangers Desert and Hooker Creek ALTs provided tradi- caused by loss of funding and supporting CDEP tional owners and the Lajamanu-based Wulaign arrangements, the CLC continued to rebuild Rangers with longer-term funding arrangements. momentum in this group through the implemen- tation of three NHT projects funded through the Despite some problems with recruitment and NT NRM Board’s 2004-2007 Regional Invest- uncertainty about a funding restructure with ment Strategy and associated Commonwealth DEWHA, some achievements were made Strategic Reserve. in the development of the Wulaign Rangers and the broader management of the Northern These are: Tanami IPA. Best Practice Community Fire Management Implementation of the IPA Plan of Management on Aboriginal Lands in Arid NT by the Wulaign Rangers focussed on five key Implementing recovery actions for the Bilby management zones comprised of biologically and other key threatened species, and culturally significant wetland areas. NHT Strategic Reserve Project: Weed Con- The rangers undertook field-based training in trol in the Southern Tanami biological monitoring methods, chemical han- dling, and weed control. The Yuendumu Rangers carried out strategic prescribed burning to reduce wildfire threats to The CLC consulted traditional owners about ‘biodiversity hotspots’ along the Lander River threatened species protection through predator and the area surrounding Lake Surprise; control and fire mitigation practices. The rangers also carried out threatened species Fuel reduction burns were conducted to protect monitoring and fox baiting at Sangsters Bore on key wetlands within IPA management zones and the Central Desert ALT, which included training outstation infrastructure from the threat of wild- in track, scat, and burrow identification and use fire as prescribed by the Plan of Management. of the Cybertracker for data entry. The Wulaign Rangers continued to work in the Weed treatment for Parkinsonia and Rubber Tanami Biodiversity Monitoring Project from Bush infestations on the Yuendumu ALT and October to November 2007; adjoining areas was also done. The CLC supported the CNRM-related aspi- The group were contracted to mining company rations of traditional owners and community Newmont in the Tanami Biodiversity Monitoring groups in Lajamanu with 13 cultural mainte- Project and participated in an 18-month dingo nance trips to locate and maintain significant study with the University of Sydney. sites, collect seed and cultural materials, An application submitted to the NT NRM Board conduct environmental monitoring and traditional under the 2007-2010 Regional Investment Strat- burning activity. egy for “Building Capacity to Implement NRM Ini- It also conducted two trips with the Lajamanu tiatives in the Southern Tanami” was successful Central Land Council - Annual Report 07 - 08 20 central Land council annual report continued... but again difficulties in recruitment delayed the However, the group did have some significant group’s work on threatened species and weed achievements: control projects. completion of a project with Greening Austra- lia (NT) constructing camel-proof fencing around A Working on Country (NT) jobs package submit- a culturally significant waterhole on the Peter- ted to DEWHA in November 2007 and a three- mann ALT to maintain its recreational value to year funding package submitted in December the community; 2007 under the Healthy Country ,Healthy People Schedule seeking DEWHA, ILC and ABA contri- numerous country visits on the Petermann butions has had an initial positive response. ALT with senior male and female traditional owners to protect cultural sites, carry out tra- The CLC initiated extensive traditional owner ditional burning and other land management consultations, fieldwork and community-based practices; planning over the feasibility of establishing an Indigenous Protected Area (IPA) in the Southern the rangers did accredited training with Tanami.The declaration of an IPA would lead to Batchelor College toward Certificate II in Con- five-year funding arrangements. servation and Land Management in fire manage- ment and flora and fauna identification; In the last financial year, 27 traditional owner consultations were undertaken in the affected fire awareness and safety training in prepa- communities of Nyirripi, Yuendumu, and Wil- ration for undertaking prescribed burning to pro- lowra and other communities in which traditional tect sacred sites and mosaic burning to protect owners of the Southern Tanami IPA live. threatened species habitat in the Petermann Ranges area. There were a number of highly significant coun- try visits undertaken with traditional owners for The CLC started an IPA feasibility assessment IPA development including Mina Mina and the in the south-west CLC region over areas of the ecologically sensitive Lander River and Yina- Petermann and Katiti ALTs under the terms of a paka (Lake Surprise) areas in the north of the funding agreement entered into with DEWHA in Wirliyajarrayi ALT. December 2007. An application for continuing Southern Tanami ntaria (hermannsburg) – tjuWanpa IPA funding from DEWHA for the 2008/2009 was ranger group submitted and is waiting for the final decision of The Ntaria-based Tjuwanpa Ranger group the Minister for the Environment. expanded their activities on ALTs and jointly- Docker river – kaLtukatjara ranger managed national parks in the Ntaria area (Finke group Gorge, Palm Valley and the West MacDonnell National Parks). The CLC continued to support the part-time employment of eight young men in the Kaltu- While CDEP issues impacted heavily on this katjara (Docker River) community in a ranger group (see Output 3.2), funding became more program with s.64(4) funding secured from the secure: the NT Department of Natural Resourc- ABA in December 2006. es, Environment and the Arts (NRETA) renewed its funding of $90,000 to maintain the coordina- Continuity in the group’s activities was frustrated tor position and a three-year ILC contract was in the second half of this period by loss of the continued. full-time co-ordinator and subsequent recruit- ment difficulties which continue. An ABA s.64(4) grant for capital equipment items, office establishment and operational Central Land Council - Annual Report 07 - 08 21 Central Land Council - Annual Report 07 - 08 central Land council annual report continued... expenses was also continued. creation of a community garden and orchard at the 8-Mile community west of Ntaria; The CLC also successfully secured funds under the Australian Government’s `Working On Coun- completion of a Tourism NT contract to im- try’ program to employ 10 Tjuwanpa Rangers on prove the Ipolera Campground; a permanent basis for three years. fire-awareness and safety training to under- A three-year funding package was submitted take prescribed burning of strategic fire breaks in December 2007 under the Healthy Country, to protect the high biodiversity values of Finke Healthy People Schedule seeking DEWHA, ILC Gorge National Park and infrastructure associ- and ABA contributions. ated with the Palm Valley Gas Field; Ranger achievements walking track construction at Tnorala Re- serve (Gosses Bluff); NHT project “Implementing the recovery plan for the endangered lizard, Egernia slateri campground development at Serpentine (Slater’s Skink)” in collaboration with the NT Chalet in the West MacDonnell National Park; Parks and Wildlife Service; continued participation in an environmen- a distribution survey of the Marsupial Mole tal survey of Palm Valley Gas Field with Low (Notoryctes typhlops) in the Ntaria area (Gilbert Ecological Services. Springs); tennant creek – muru-Warinyi ankkuL feral horse and pig surveys; (mWa) ranger group monitoring and mechanical control of prickly The employment of the Co-ordinator and opera- pear infestations around Ntaria; Below: Muru-warinyi Ankkul (MWA) Rangers take a break from spraying weeds on Rockhampton Downs Central Land Council - Annual Report 07 - 08 22 central Land council annual report continued... tions of the group were continued under a three- Alroy Downs and Rockhampton Downs year funding contract with the ILC to manage accredited activities and courses toward Cer- Warumungu lands in accordance with an agreed tificate II and III in Conservation and Land Man- work plan and inter-agency support. agement with Batchelor Institute of Indigenous Equipment needs and vehicle costs came from Tertiary Education (BIITE), including related an ABA s.64(4) grant while the ILC funded an literacy and numeracy training. operational base and storage facility. aLice springs – amoonguna/ingkerreke The CLC successfully secured funds under the rangers Australian Government’s `Working On Country’ The demise of the Amoonguna CDEP program program to employ five rangers on a permanent eventually saw this group dissolved. Some par- basis for three years to carry out Government- ticipants were eventually incorporated into a new endorsed environmental actions. ranger program being developed by the Alice A three-year funding package was submitted Springs-based Ingkerreke Outstation Resource in December 2007 under the Healthy Country, Centre (ORS) under post-CDEP arrangements Healthy People Schedule seeking DEWHA, ILC introduced by the Department of Employment and ABA contributions. and Workplace Relations (DEWR). Ranger achievements Additional initiatives were taken to consolidate fire-proofed four sites of cultural significance the viability and capacity of emerging ranger on the Warumungu ALT through slashing and groups supported in the previous period and burning; develop further community interest in structured land management activity elsewhere in the protection measures for a significant water- region. hole on the Mungkarta ALT; neW anD emerging ranger groups controlled burns conducted in conjunction with Bushfires NT to protect areas of cultural ti-tree - anmatyerr rangers significance; The CLC was successful in obtaining funding for Parkinsonia control on the Partta land-hold- an Early Investment Proposal under the frame- ings incorporating the focal Warumungu sites of work of the Commonwealth-NT Healthy Country, Jurnkurakurr and Kunjarra (Devils Pebbles); Healthy People Schedule submitted in the previ- ous period to continue to build the capacity of regional fire planning with the CLC Fire Man- the emerging Anmatyerr Ranger group. agement Officer and Tennant Creek traditional owners; With funding confirmed, CLC Land Management staff commenced consultations in November 140 kilometre walk with 65 traditional own- 2007 with senior traditional owners regard- ers and CLC staff from Bonney Well to Barrow ing continuing development of the Anmatyerr Creek; community rangers and held planning meetings predator baiting, surveys and track-based to identify possible pilot projects and draft a monitoring of threatened species occurrence at workplan. locations on the Karlantijpa North ALT including An Anmatyerr Ranger Co-ordinator was appoint- training; ed in March 2008 under this funding to facilitate fulfilled NLP-funded contracts to control participation and ongoing development. prickly weeds (mesquite and prickly acacia) on Central Land Council - Annual Report 07 - 08 23 Central Land Council - Annual Report 07 - 08 central Land council annual report continued... Ranger achievements capital resources. The outcome for this group has not yet been established. two NHT-funded water monitoring projects supported by the NT NRM Board Regional atitjere (harts range) – in DeveLopment Investment Strategy to monitor surface and The CLC was successful in this period in secur- groundwater in the Anmatyerr region; ing two sources of funding for new initiatives to delivery of a range of accredited courses extend the established benefits and opportuni- toward completion of Certificate II and III in Con- ties of cultural and natural resource manage- servation Land Management by Charles Darwin ment participation and related ranger programs University (CDU) to 15 female members of the to isolated communities in pastoral districts of ranger program; the CLC region. five male rangers to undertake accredited ‘Pastoral Partnerships’ Program – This training toward Certificate II in Rural Opera- project was submitted as an Early Investment tions due to linkages with Centrefarm Aboriginal Proposal for consideration under the Healthy Horticulture Ltd.’s initiative at the DPIFM Ti-tree Country, Healthy People Schedule in March research farm and Adelaide Bore training facility; 2007 and was successful in receiving funding in this period from the three key participating country trips and intergenerational transfer agencies of ABA, ILC and DEWHA. of cultural knowledge during the course of field work with female rangers and their children. Its purpose is to develop an operative model between pastoral and indigenous interests (in The ongoing interests of this group were incor- conjunction with other stakeholders) in address- porated into a Working on Country (NT) jobs ing cultural and natural resource management package submitted to DEWHA in November issues in pastoral regions in a multiple land 2007 and a three-year funding package submit- use context. Mutually beneficial outcomes are ted in December 2007 under the Healthy Coun- envisaged from the wider application of such a try, Healthy People Schedule seeking DEWHA, model of collaboration if successful ILC and ABA contributions. Responses from the ILC and ABA were not known at the close of this NRM Board (NT) ‘Pilot Project’ Funding - A period. successful application submitted in September under the 2007-2010 RIS for “NRM Capac- santa teresa rangers - in DeveLopment ity Building with Aboriginal Traditional Owners A successful application submitted in September in Central Australia Program” included pilot under the NHT’s 2007-2010 Regional Invest- projects for both the Sandover and Plenty River ment Strategy for “NRM Capacity Building with regions among four ‘pilot projects’ to be imple- Aboriginal Traditional Owners in Central Aus- mented under the project. A project co-ordinator tralia Program” included Santa Teresa among was appointed in June 2007 four ‘pilot projects’ to be implemented. The CLC The future employment interests of the emerg- employed a project co-ordinator to support 10 ing program at Atitjere were incorporated into a participants. Working on Country (NT) jobs package submit- The CLC submitted a Working on Country (NT) ted to DEWHA in November 2007 and a three- jobs package to DEWHA in November 2007 and year funding package submitted in December a three-year funding package submitted in De- 2007 under the Healthy Country, Healthy cember 2007 under the Healthy Country, Healthy People Schedule seeking DEWHA, ILC and People Schedule seeking DEWHA, ILC and ABA ABA contributions for co-ordination, operational contributions for co-ordination, operational and and capital resources. Although receptive to the Central Land Council - Annual Report 07 - 08 24 central Land council annual report continued... initiative, early responses from DEWHA suggest completed over 15 days in June involving 65 that their interests will not be considered in the Kaytetye, Warumungu and Warlpiri participants. first year of any funding under these packages The project was also supported by additional and will be dependent on the outcomes of the funding from the CLC’s IEK intergenerational development work to be undertaken early in the transfer project through the NRM Board next period. (NT) and the NT Department of Education, Women’s LanD management Employment and Training (DEET). DeveLopment joint management - nt parks The CLC was successful in securing funding anD reserves from the ABA, ILC and DEWHA for an ‘Early Despite continuing frustrations and delays Investment Proposal’ submitted in the previ- throughout this period in the granting of titles ous period under the Healthy Country, Healthy underpinning joint management arrangements People Schedule to implement a series of ‘on for 20 national parks and reserves in the CLC ground’ projects addressing land management region, the CLC and traditional owners continued aspirations of Aboriginal women. in good faith to build a strong partnership with The projects were identified by a group of 50 the NT Parks and Wildlife Service (PWSNT). women from five communities who attended Joint management arrangements came into the inaugural CLC Womens Land Management effect in only the four parks and reserves not Development forum at the Alice Springs Desert subject to title transfer: Rainbow Valley Conser- Park in March 2007. vation Reserve, Alice Springs Telegraph Station A significant emphasis of the projects is to de- Historic Reserve, Mac Clark (Acacia Peuce) velop activities which provide young women with Conservation Reserve and Ruby Gap Nature multi-media training to record traditional knowl- Park. edge and management practices ‘on-country’ . However, work continued toward the preparation A range of community groups, government of new joint management plans and addressing departments, organisations and programs were key issues of immediate management concern to engaged to participate in or help implement four all parties regardless of title status. of five projects, as follows: In addition to catering for conservation, tourism Tennant Creek – Anyinginyi Remote Health, and cultural interests, traditional owners also Ali Curung and Tara community clinics, Mung- have first option over employment and enter- karta School, Tara School, Muru-warinyi Ankkul prise opportunities under these arrangements, Rangers; providing significant benefit to Aboriginal people in remote areas while ‘value-adding’ a cultural Mutitjulu – Uluru Kata-Tjuta National Park, experience to Northern Territory parks. Junior Ranger Program; The CLC has two dedicated joint management Lajamanu – Lajamanu Community Education officers to implement joint management arrange- Centre, Northern Tanami IPA; ments. Willowra – Willowra School, Willowra Youth The productive working relationship established Program, Charles Darwin University (CDU), between the CLC and the PWSNT over the last Southern Tanami IPA development project; three years provided the basis for settling a The Tennant Creek project “Walking and Sharing revised MOU. Stories from Bonney Well to Barrow Creek” was Central Land Council - Annual Report 07 - 08 25 Central Land Council - Annual Report 07 - 08 central Land council annual report continued... West macDonneLL nationaL park PWSNT and CLC throughout 2008 on a draft joint management plan for these parks. The CLC conducted country visits and planning workshops for traditional owners’ input into the Watarrka nationaL park joint management plan. Joint management planning and field trips were These involved representatives of PWSNT and held with traditional owners of Watarrka National members of three separate planning groups Park to facilitate traditional owner’s input into a established on cultural affiliations to represent joint management plan. traditional owner interests across the whole park rainboW vaLLey conservation reserve and improve the effectiveness of the joint man- agement planning process. A Rainbow Valley Conservation Reserve Cultural Heritage Action Plan workshop was held with tra- The CLC continued to keep traditional owners ditional owners. A field trip with a working group up-to-date with the progress in joint manage- assessed potential risks from visitation to areas ment planning and the activities of the PWSNT of significance. in the region. There were a number of meetings of the Rain- Traditional owners were consulted over a bow Valley Joint Management Committee to PWSNT proposal to include the eastern Alice address operational planning matters, consider Valley area on Owen Springs Pastoral Lease a traditional owner tourism concession proposal into the West MacDonnell National Park under and be updated on developments within the the same joint management arrangements as Reserve. the rest of the park. Traditional owners also worked to redevelop Traditional owners of Iwupataka ALT were also interpretive signage. consulted over a proposal to upgrade a road on the ALT for use by the PWSNT to access eastern DeviLs marbLes conservation reserve – areas of the West MacDonnell National Park and joint management pLanning for ranger training purposes. The CLC held Devils Marbles Conservation Re- Further discussions were held with PWSNT over serve Joint Management Committee meetings to the proposed West MacDonnell National Park address operational planning for the reserve and World Heritage nomination. reviewed public comments on the Devils Marbles Conservation Reserve Joint Management Plan. east macDonneLL ranges group of parks anD reserves Davenport-murchison nationaL park Joint management for this group of parks and re- Senior traditional owners were involved in an serves includes Trephina Gorge, N’dhala Gorge, aerial control burning program undertaken by Corroborree Rock, Arltunga Historical Reserve PWSNT in the proposed Davenport Ranges and Ruby Gap National park. National Park and were consulted on other burn- ing work regarding implications for significant Traditional owners of the Arltunga Historical cultural sites within the park. Reserve and Trephina Gorge National Park were involved in an introductory joint management gregory nationaL park planning meeting for these parks. The CLC and the NLC developed a strategy to The CLC also consulted traditional owners about progress the joint management planning process membership of a representative planning group and associated issues for this large national park for N’Dhala and Trephina Gorge to work with straddling the CLC-NLC jurisdictional boundary Central Land Council - Annual Report 07 - 08 26 central Land council annual report continued... in the Victoria River District. Does monitoring and evaluation improve joint management? The case study of national parks chambers piLLar historicaL reserve in the Northern Territory, which is a joint project The CLC has begun a cultural values report to established by Charles Darwin University (CDU) inform a new joint management plan and held with the CLC, NLC and the NT Department of joint management planning workshops. Natural Resources, Environment and the Arts. The draft joint management plan was reviewed- The CLC was heavily involved in planning for by traditional owners and the CLC presented governance processes for jointly-managed parks their suggested changes to PWSNT. in the NT and hosted forums to bring traditional owners, joint management staff and the NT Min- DuLcie ranges nationaL park ister for Parks and Wildlife together. The CLC consulted Eastern Arrernte traditional owners over access and boundary issues for joint management - uLuru – kata an agreed living area in the park, a program of tjuta nationaL park (uktnp) park country visits, a joint management planning An MOU between the CLC and the Common- schedule, progress with title handover arrange- wealth Director of National Parks was renewed ments and general progress in joint manage- in late 2005 to maintain the CLC’s Joint Manage- ment. ment Officer (JMO) position at Uluru – Kata Tjuta National Park for a further three years. aLice springs parks anD reserves The continuous employment of the JMO from re- The CLC briefed the Lhere Artepe Aboriginal cruitment in October 2005 through to April 2008 Corporation, the prescribed body corporate consolidated and enhanced the effectiveness of representing Alice Springs native title holders, CLC’s park-based capacity to consult traditional on the NT joint management arrangements owners and support their involvement in the joint with specific reference to parks within the Alice management of UKTNP. Springs town boundary, inclusive of the Alice Springs Telegraph Station Historical Reserve The JMO also provides broad support to the UK- and Kuyunba, Emily Gap and Jessie Gap Nature TNP Board of Management (BoM) to carry out Reserves. its functions and wider representation of the CLC and UKTNP traditional owners as a member of anna’s reservoir conservation reserve the Joint Management Partnership (JMP) team. The CLC consulted Anmatyerr traditional owners On the basis of a review conducted in 2005 JMP in relation to Anna’s Reservoir Conservation composition was extended to also include the Reserve in May 2008 and efforts were made to Board Secretary, Mutitjulu Community Liaison communicate the management aspirations of the Officer and Park Manager. traditional owners with PWSNT. The CLC has been unable to fill the JMO posi- The CLC also participated in numerous planning tion since becoming vacant in April 2008 with a meetings, inter-agency workshops, forums and significant barrier being the availability of suit- direct negotiations with PWSNT. able housing. It also participated in inter-agency meetings to A range of specific park management support formulate an Indigenous Cultural and Intellectual was provided to UKTNP traditional owners, and Property (ICIP) protocol in the context of Board members and other members of the JMP joint management of NT national parks. for the period by the CLC. It also particpated in an ARC Linkage Project – Central Land Council - Annual Report 07 - 08 27 Central Land Council - Annual Report 07 - 08 central Land council annual report continued... The JMO represents the interests of the CLC on Aboriginal land in Central Australia; and UKTNP traditional owners in meetings with The CLC also employed a Pastoral Land Man- UKTNP Senior Management Team and Parks agement Officer to promote greater awareness Australia staff to improve day-to-day operational of natural resource management (NRM) issues co-ordination on joint management matters. in pastoral planning and decision-making on It also provides advisory, logistical, legal and Aboriginal land through such measures as NRM other support for the Board of Management and audits and land condition monitoring for areas ongoing liaison with the Ayers Rock Resort. under grazing licences. The CLC continued to work with Parks Australia Funding applications were submitted to the to finalise the new draft UKTNP Plan of Man- National Landcare Program’s Sustainable Prac- agement which is expected to be presented to tices Grants: “Improving land condition and prof- traditional owners before the end of 2008. itability through sustainable grazing strategies in the Indigenous Pastoral Program” to undertake The CLC also provided support for meetings audits on six IPP properties, develop and deliver between the Mutitjulu Council Aboriginal Corpo- a grazing land management course and develop ration and the UKTNP Board of Management to infrastructure on the Mungkarta ALT to support consider continuing unresolved servicing issues sustainable grazing strategies. in the community. Importantly, the CLC maintained linkages with The CLC facilitated traditional owner participa- agencies such as DPIFM, NRETA and training tion in a number of workshops and projects providers to provide technical advice and train- focussed on natural resource management ing to Aboriginal landowners. issues affecting UKTNP and surrounds (Katiti & Petermann ALTs) this year. The CLC conducted a review of all existing grazing licences and agistment agreements on There was an increased demand for traditional Aboriginal land to identify areas of improvement owner consultations and interest from the media for compliance and administration and undertook in Mutitjulu and the Park. initiatives to address specific issues and improve partnerships – pastoraL sustainability on a number of IPP properties. The CLC maintained support for traditional own- For instance, the CLC assisted the Mungkarta ers to undertake sustainable pastoral activities licensee to update the property management on their land in 2007/2008 through continued plan and discuss with traditional owners how participation in the Indigenous Pastoral Program they will implement more sustainable grazing (IPP), a co-operative partnership operating strategies. under a five-year MOU between the CLC, NLC, On other properties, it assisted in herd restruc- the Indigenous Land Corporation (ILC), the NT tures and infrastructure to increase their long- Department of Primary Industry, Fisheries and term capacity. Mines (DPIFM), DEWR and the NT Cattleman’s Association. It has developed drought management strategies for other properties by reducing grazing pressure Under these arrangements the CLC maintained through agistment, sale of stock and property the employment of an Indigenous Pastoral De- management planning. velopment Officer and participated in meetings of the IPP Steering Committee and a Southern It prepared a number of funding submissions Operational Working Group to address on- and completed audits of Aboriginal pastoral ground matters relating to pastoral development properties. Central Land Council - Annual Report 07 - 08 28 central Land council annual report continued... coLLaboration – mining Productive links were also established with the Alice Springs Bureau of Meteorology to access The CLC continued to work closely with the relevant weather information to support CLC Newmont mining company and associated prescribed burning activities. consultants to co-ordinate implementation of the third consecutive year of surveys for the Tanami improved resourcing Biodiversity Monitoring Program. It was the second operational year of a two-year The program was established to obtain base-line Natural Heritage Trust (NHT) project funded by data to assess the cumulative environmental im- the NRM Board (NT) for Best Practice Com- pacts of mining operations on Aboriginal lands in munity Fire Management on Aboriginal Lands in the Tanami region and has served as a valuable Arid NT. annual opportunity to further develop the skills of It continued to provide resources, in conjunc- indigenous ranger groups in the Tanami region. tion with Natural Disaster Mitigation Program coLLaboration – fire (NDMP) funds, to raise fire awareness and management increase on-ground capacity and participation of traditional owners and Aboriginal rangers in The CLC made significant gains in this period in strategic fire management activities. consolidating and demonstrating its capacity to effectively address strategic fire management Key elements of the project are building strategic issues on Aboriginal land across the region. firebreaks and the ignition of protective burns aimed at reducing wildfire threats to areas of There was better collaborative fire mitigation high biodiversity value, sites of cultural signifi- planning by the CLC’s Fire Management Of- cance, and public and private infrastructure on ficer, Bushfires NT, and other stakeholders and or adjoining Aboriginal land, including pastoral improved resourcing to develop and implement infrastructure. strategic fire management programs. Further resources were secured to continue There was a resultant increase in planning and established momentum in regional fire planning implementation of strategic fire management and management through lodgement in Septem- actions with traditional owners and indigenous ber 2007 of two successful applications for NHT ranger programs. funding under the Regional Investment Strategy The CLC achieved a range of outcomes of of the NRM Board (NT). benefit to multiple stakeholders through collabo- improved representation ration with Bushfires NT staff in both Tennant Creek and Alice Springs on a number of issues There was a significant new initiative to establish of mutual interest and concern including fire greater formal recognition and representation of access tracks, strategic burning and developing Aboriginal interests in regional fire planning and an overarching wildfire mitigation strategy for decision-making. Aboriginal land in the Tanami and south-west The CLC successfully applied to the NRM Board desert regions. (NT) in September 2007 for resources to under- There were also good working arrangements take a project entitled ‘Developing a Consulta- with Parks Australia (North) to address cross- tive Structure for Representation of Aboriginal boundary fire management issues between Land Interests in Regional Fire Planning’. Uluru–Kata Tjuta National Park (UKTNP) and the The project is focussed on CLC sub-regions adjoining Katiti and Petermann ALTs. dominated by broad-scale Aboriginal land- Central Land Council - Annual Report 07 - 08 29 Central Land Council - Annual Report 07 - 08 central Land council annual report continued... holdings including the Tanami, Tennant Creek, Grazing Licence in conjunction with the Depart- Western Desert and Petermann region in the ment of Primary Industry, Fisheries and Mining south-west. (DPIFM) and the ILC, including provision of an aerial marksman and contribution to costs. It will address issues of cultural affiliation and appropriate representation, key fire planning and awareness raising management issues of concern to remote com- The CLC has held many community consulta- munities and traditional owners, future resourc- tions about feral animal and weed impacts. ing requirements and integration into the existing Bushfires NT regional structure. Parkinsonia infestations are an emerging threat to healthy country in the southern Tanami region It is envisaged that at least two regional Aborigi- and the CLC developed capacity in ranger nal Fire Management Committees will arise from groups to identify and control it. this work representing the wider Tanami and south-west regions. While resources were available from the ILC to employ a dedicated feral animal officer, initial strategic actions recruitment efforts were unsuccessful. During this period the CLC Fire Management Nonetheless, considerable work has been put in Officer worked effectively with the CLC’s network to raising feral animal awareness with the follow- of regionally-focussed Land Management staff, ing groups: traditional owners and indigenous community ranger groups in instigating a significant increase Haasts Bluff ALT, Mungkarta ALT and Loves in the level of planning and implementation of Creek PL.- options for feral horse control were prescribed burning activity and related strategic discussed with traditional owners at Haasts Bluff. fire management infrastructure developments. collaboration between the Kaltukatjara Rang- Details of this work is contained in the previous ers, a Juvenile Diversionary Unit (JDU) Youth section on ranger groups. Officer, Mission Australia and the Kaltukatjara School on issues arising from large feral camel coLLaboration - invasive species numbers in the Docker River region. management the Ntaria-based Tjuwanpa Rangers re- inter-agency co-operation garding feral horse impacts and related animal Central Australia is host to around one million welfare issues feral camels. There has been some collabora- raised awareness among traditional owners tive camel management with the Centralian Land of the impact of feral horses and uncontrolled Management Association (CLMA) representing stock on the viability of pastoral operations on pastoral interests but a related funding applica- the area of the West Mungarta ALT Grazing tion for feral camel control submitted to the NRM Licence and the Angarapa Grazing Licence. Board (NT) for NHT funds was unsuccessful. liaised with a youth worker at Kintore about The CLC developed some strategies to protect opportunities for promoting community-based key ecological communities and water sites small-scale camel harvesting operations for within UKTNP and the adjoining Katiti ALT from camel meat supply to the community; feral camels and invasive weeds in conjunction advised the Apiwentye manager (Atula) to with Greening Australia (NT) and UKTNP staff. seek traditional owner consent to cull camels. There was support for feral animal culling on Loves Creek Station and Haast Bluff ALT Central Land Council - Annual Report 07 - 08 30 central Land council annual report continued... on-ground action - weeds carried out consultations with traditional owners at Loves Creek Station and the Haasts The CLC co-ordinated the following on-ground Bluff ALT Grazing Licence on the need for feral weed control actions undertaken by indigenous horse and camel control. ranger groups across the CLC region: An aerial feral cull on Loves Creek was under- removal of Parkinsonia and Rubber bush on taken in June 2008 and removed approximately the Yuendumu ALT by the Warlpiri Rangers 700 horses, 300 camels and 50 donkeys. The removal of Parkinsonia from the Hooker Haasts Bluff cull will occur in July 2008. Creek catchment by Wulaign Rangers; supported Tjuwanpa Rangers in feral pig control of Parkinsonia on the Partta lands to survey along 50 kilometres of Ellery Creek in the north of Tennant Creek by the Muru-warinyi June 2008, which indicated very low numbers of Ankkul (MWA) Rangers pigs remaining after action taken in the previous control of prickly weeds (mesquite and period. prickly acacia) on Alroy Downs and Rockhamp- representation ton Downs by the MWA Rangers The CLC is a key member of the Steering Com- mechanical control and monitoring of prickly mittee of the Desert Knowledge CRC (DK-CRC) pear infestations around the Ntaria area by the feral camel research project tasked with devel- Tjuwanpa Rangers. oping a feral camel management plan for the Ranger groups are ideally placed to fight against cross-jurisdictional region of NT, SA and WA. weeds and the CLC has worked hard to ensure It is also represented in government weed strat- they get commercial weed management con- egy meetings. tracts. coLLaboration - threateneD on-ground action - feral animals species protection a renewal of the CLC corporate firearm Consistent with s.23(2) of the Aboriginal Land licence through the NT Police for joint feral ani- Rights (NT) Act 1976, the CLC supported a mal and stock control programs with traditional number of collaborative efforts and indepen- owners; dent initiatives for the protection of wildlife on addressed the issue of bore water access Aboriginal land in relation to species considered for potential pet-meat operators on ALTs with big vulnerable or endangered under NT and/or camel numbers; Commonwealth legislation. identification of appropriate aerial culling All activities contributed significantly to the services. knowledge of threatened species distribution in Central Australia, derived largely through assisted Angarapa ALT traditional owners in traditional owners ecological knowledge and the a joint muster with the lessee of neighbouring participation of Aboriginal ranger groups. MacDonald Downs station to remove 100 feral horses from an area held under grazing licence. The Greater Bilby (Macrotis lagotis) assisted the Mutalki community to relocate The CLC continued to co-ordinate a two-year 70 feral horses to Tennant Creek Station and the NHT-funded project on Aboriginal land across Kurnturlpara ALT to be broken in as stock horses the CLC region: Implementing recovery actions using the ABA-funded stock truck. for the bilby and other key threatened species. Central Land Council - Annual Report 07 - 08 31 Central Land Council - Annual Report 07 - 08 central Land council annual report continued... In this period, significant work undertaken toward Greater Desert Skink (Egernia kintorei) achieving the objectives of this project at key Petermann ALT - located a previously un- locations included: known population of the threatened great desert Karlantijpa North ALT (eastern Tanami) field skink (Egernia kintorei) during IPA feasibility surveys with the Tennant Creek-based Muru- fieldwork undertaken with the Docker River warinyi Ankkul (MWA) Rangers, consultants, based Kaltukatjara Rangers and senior women Warlmanpa traditional owners from Mangala- traditional owners. Mosaic burning was done wurru and Karlumpurpla to locate active greater with the Rangers to protect identified great des- bilby populations and conduct feral predator ert skink habitat in the Docker River region. monitoring and baiting; Black-footed Rock Wallaby (Petrogale Nyirripi (south-west Tanami locality) - lateralis) targeted bilby surveys with consultants and tradi- Warumungu and adjoining Mungkarta ALT tional owners on the distribution and abundance - completed a black-footed rock wallaby sur- of bilbies in the region; vey with 10 senior traditional owners and their Sangsters Bore (Central Desert ALT) preda- children under an NT Government EnvironmeNT tor (fox) baiting and track-based threatened spe- grant. cies monitoring for the presence of bilbies and Pmere Nyente ALT - traditional owners, Tju- other threatened species including Mulgara and wanpa and Santa Teresa Rangers monitored the the great desert skink undertaken with Warlpiri black-footed rock wallaby. rangers, traditional owners, and consultants in late 2007 and March 2008 Senior Alyawarra men were consulted about programs for protection of threatened species in Field surveys were also undertaken with tradi- the Davenport bioregion including the culturally- tional owners to look for signs and habitat of the significant black-footed rock wallaby, the bilby greater bilby on the Alyawarra ALT. and the spectacle hare wallaby. Slater’s Skink (Egernia slateri) Marsupial Mole (Notoryctes typhlops) Loves Creek -The CLC confirmed a previ- In the Ntaria area (Gilbert Springs), traditional ously unknown population of the slater’s skink at owners were consulted and Tjuwanpa Rang- Loves Creek during an NRM audit of the station ers participated in a marsupial mole distribution with traditional owners. A funding application survey as part of a collaborative NHT-funded was subsequently submitted to the “Threatened project with NT Parks and Wildlife. Species Network Community Grants Program” to meet costs of follow-up surveys and provide At Lander River / Lake Surprise the occurrence training and employment for the emerging Santa of Marsupial Mole was recorded for the first Teresa Ranger program; time in the dune fields on the Central Desert and Wirliyajarrayi ALT during Southern Tanami IPA Rodna ALT - continued involvement of the feasibility fieldwork. Ntaria-based Tjuwanpa Rangers in an NHT- funded project as a collaborative partner with The CLC also represented constituent interests PWSNT including DNA sampling; and perspectives at relevant threatened species and biodiversity forums occurring throughout the Urrampinyi Iltjiltjarri ALT - recorded a previ- year. ously unknown population and hosted a TSN field trip to a site of known occurrence north- west of Ntaria. Central Land Council - Annual Report 07 - 08 32 Central Land Council - Annual Report 07 - 08 Central Land Council Report Output Group 2 Land Claims and Acquisitions Support Services Central Land Council Annual Report Output Group 2 Land Claims and Acquisitions Support Services The CLC has a responsibility to assist Aboriginal people in its region to secure land for traditional Aboriginal owners. OUTCOmE OUTPUT GROUP 2 Enhanced social, Land Claims and Acquisition Support services political and economic participation and equity for Aboriginal people in the Land OUTPUTS Council’s area as a result of the promo- 2.1 Land Claims tion, protection and 2.2 Other Land Acquisition advancement of their land rights, other rights and interests Below: Claimants give evidence at the Simpson Desert Repeat Claim Central Land Council - Annual Report 07 - 08 34 Output 2.1 Land Claims DescriptiOn Of Output people so that they may return and live on their own country. Securing and maximising the land base for traditional Aboriginal landowners has been one of the most important statutory func- perfOrmance tions for the Central Land Council. There have been four hearings into aspects of land OutstanDinG LanD cLaims claims in the CLC region this year. Wakay Alyawerr Repeat Land Negotia- Claim tions with NT Section 23 of the Aboriginal Land Rights (North- Government ern Territory) Act 1976 requires land councils to to be settled assist Aboriginal people to pursue land claims, Crown Hill Land Claim Recommend- in particular, by arranging legal assistance at ed for grant no cost to the claimants. Section 50 of the Act Frances Well Land Claim Under nego- provides a process by which Aboriginal people tiation in the Northern Territory may claim unalienated Simpson Desert Land Claim Hearing Crown land, or ‘land in which all estates and incorporating the Simpson commenced interests are held for and on behalf of Aboriginal Desert Repeat Land Claim people’. The Act allows for the return of successfully claimed land to the traditional Aboriginal owners Wakay aLyaWerr repeat LanD as inalienable Aboriginal freehold title. It also al- cLaim lowed claims on pastoral land when the pastoral This land claim is for an area that was not lease was owned by Aboriginal interests. recommended for grant in a previous land claim. However, the ‘sunset clause’, Section 50(2a) Therefore a further hearing was conducted on 5 of the Land Rights Act, prevents the hearing of November 2007, for the purposes of sub-section any land claims lodged after June 1997. Twelve 50(2B) of the Land Rights Act, to enable the claims lodged before that date will be resolved Aboriginal Land Commissioner to determine when they are gazetted by the Australian gov- whether the requirements of that subsection had ernment in accordance with the NT Parks and been met and that it was likely that he would find Reserves (Framework for the Future) Act 2004. that the claimants were the traditional owners of Some are still to be heard by the Aboriginal Land the area claimed. Commissioner and others have been discontin- On 21 December 2007, the Commissioner ued. published his findings in favour of the land claim Part 8 of the Northern Territory’s Pastoral Land proceeding. Act 1992 sets out procedures whereby Aborigi- Subsequently, the Northern Territory Govern- nal people can apply for a community living area ment made an offer of settlement of the land on pastoral lease land. These community living claim under which most of the land claimed, with areas, or ‘excisions’, are generally small areas of the exception of an area around the Aboriginal one or two square kilometres and are sought by community of Canteen Creek, would become Aboriginal land under the Land Rights Act, and Central Land Council - Annual Report 07 - 08 35 Central Land Council - Annual Report 07 - 08 central Land council annual report continued... Northern Territory freehold title would be granted Following the hearing the Commissioner ruled to the balance of the land around Canteen that most of the land comprised in the original Creek, excluding the area over which the Com- land claim was available for claim. No date has monwealth holds a ‘lease’. yet been fixed for the substantive hearing of the land claim. Negotiations concerning the area offered under Northern Territory freehold title are ongoing. simpsOn Desert LanD cLaim incOrpOratinG tHe simpsOn crOWn HiLL LanD cLaim Desert repeat LanD cLaim This is a land claim to a very small parcel of The hearing of the land claim to an area of land which covers approximately half of the site approximately 18,000 square kilometres Irrinjirrinjirri, also known as Crown Hill. commenced on 30 June 2008, at a remote site This site straddles the boundary with Mt Denison south of Atula Station, which is part of the Ane- Pastoral Lease. The area was originally part of tye Aboriginal Land Trust. Mt Allan Station, but for cultural reasons was At the commencement of the proceedings, and excluded from the land claim over Mt Allan. in response to brief submissions from the par- On the basis that the groups claiming Crown Hill ties, the Aboriginal Land Commissioner ruled were the same as those who had been found to that the required grounds existed to hear the be traditional owners in the Brookes Soak Land repeat land claim. Claim, the Aboriginal Land Commissioner was In view of the remoteness of the sites in the able to rely on evidence provided in the latter Simpson Desert, the balance of the land claim land claim, and on the basis of written submis- was conducted through the use of helicopters to sions, followed by a visit to the site accompanied transport the Commissioner, legal representa- by senior claimants, recommended the area for tives and claimants to various locations. grant. The land claim hearing is to be completed in frances WeLL LanD cLaim September 2008. It is understood that this will be Frances Well is located adjacent to Titjikala the last land claim to be heard under the Land Community. Rights Act in Central Australia. The land claim is to a modest area of land which cOmment On perfOrmance had, amongst various uses, previously been a Pursuant to the 2006 amendments to section reserve for the benefit of Aboriginals. 67A of the Land Rights Act, all other unheard Land tenure issues in the area of the land claim land claims in the CLC area have been brought revolve around whether the area was part of the to conclusion. North-South Stock Route and therefore unavail- able for claim. For such a small area of land the land tenure history was complex. A hearing was convened by the Aboriginal Land Commissioner at Alice Springs on 20 May 2008, to consider submissions that addressed the status of the land. Central Land Council - Annual Report 07 - 08 36 Output 2.2 Other Land Acquisition DescriptiOn Of Output leases occupying their traditional country. executive meetinGs pastOraL Leases - cOmmunity LivinG areas Aboriginal people have only been able to claim vacant Crown land and land owned by The CLC conducted two consultations and site Aboriginal people under the Aboriginal Land visits with traditional owners to renegotiate the Rights (Northern Territory) Act 1976. This left location of a community living area on Dneiper the thousands of Aboriginal people who lived Pastoral Lease in the Plenty River region. The on pastoral leases landless. CLA has a poor water supply. Preparation of a new CLA application under the Part 8 provisions There are two other, albeit difficult, paths Ab- of NT Pastoral Land Act and negotiations with original people may pursue to own their tradi- the Dneiper lessee are ongoing. tional land. They can apply for a Community Living Area under Part 8 of the Pastoral Land Act The CLC resumed land-swap negotiations with 1992 which may give them a small parcel of land the Hamilton Downs lessee in July 2007 to - perhaps a couple of square kilometres - on a resolve issues associated with cattle grazing pastoral lease. on the western ‘Kunoth paddock’ portion of the Thakaperte ALT. Alternatively, they may apply to the Indigenous Land Corporation (ILC) to buy land on their A proposed alternative area put forward by tra- behalf. ditional owners on the northern boundary of the West MacDonnell National Park was rejected by the lessee. The CLC and traditional owners are perfOrmance now reconsidering the original proposal in the OtHer LanD acquisitiOn vicinity of the Hamilton Downs Youth Camp. Purchases of land in Central Australia nil LanD acquisitiOn – natiOnaL parks by the ILC Delays continued in formalising joint manage- Granting of CLAs under Part 8 of the nil ment arrangements over 20 national parks and Pastoral Land Act reserves in the CLC region. Administrative and political delays frustrated cOmment On perfOrmance efforts to facilitate title-handovers by both the pastOraL Leases - iLc Australian and Northern Territory Governments for 16 national parks and reserves subject to The CLC made unsuccessful representations to tenure change and joint management in accor- the ILC for assistance to take up a ‘first option’ dance with the NT Parks and Reserves (Frame- offered on the purchase of a pastoral lease in work for the Future) Act 2004. the Sandover River region with a strong history of positive relations between the lessee family The registration of applicable Indigenous Land and traditional owners. The property has signifi- Use Agreements with the National Native Title cant pastoral and other established commercial Tribunal in 2006/2007 for four parks and re- opportunities. serves subject to joint management arrange- ments without title transfer did result in joint The CLC continued to provide advice on ILC management at the Rainbow Valley Conserva- land acquisition processes for other traditional tion Reserve, Alice Springs Telegraph Station owners seeking assistance to purchase pastoral Central Land Council - Annual Report 07 - 08 37 Central Land Council - Annual Report 07 - 08 central Land council annual report continued... Historic Reserve, Mac Clark (Acacia Peuce) Conservation Reserve and Ruby Gap Nature Park. The CLC met with various NT Government representatives in early 2008 to identify and address all outstanding matters to allow title transfer for Schedule 1 and 2 parks to proceed. The passage of the Indigenous Affairs Legisla- tion Amendment Bill 2008 through the Federal Parliament on 26 June 2008 scheduling Sched- ule 1 parks under the Land Rights Act has given significant hope to traditional owners that the granting of titles underpinning joint manage- ment will occur before the end of 2008. The CLC continued to represent the interests of Eastern Arrernte traditional owners in various meetings and negotiations with the NT Govern- ment to specifically resolve the process of title transfer for the Dulcie Ranges National Park Community Living Area. The CLC also consulted traditional owners at Ellery Creek to discuss a land-swap proposal put forward by the NT Parks and Wildlife Service. The proposal would rationalise the southern boundary of the West MacDonnell National Park with adjoining Aboriginal land along Namatjira Drive. The inclusion of the eastern Alice Valley portion of Owen Springs station was agreed to but negotiations are continuing on other areas. Central Land Council - Annual Report 07 - 08 38 Central Land Council Annual Report Output Group 3 Economic Development and Commercial Services Central Land Council Annual Report Output Group 3 Economic Development and Commercial Services The CLC has a statutory responsibility to assist Aboriginal people in its region to carry out commercial activities on their land and to consult with Aboriginal landowners about any proposal relating to the use of that land. OUTCOmE OUTPUT GROUP 3 Enhanced social, polit- Economic Development and ical and economic par- Commercial Services ticipation and equity for Aboriginal people in the Land Council’s OUTPUTS area as a result of the 3.1 Land Use Agreements promotion, protection and advancement of 3.2 Employment, Education and Training their land rights, other 3.3 Mining rights and interests 3.4 Commercial Assistance Below: Traditional owners visit the Ranger Mine in Kakadu national park as part of a uranium education strategy run by the CLC Central Land Council - Annual Report 07 - 08 40 Output 3.1 Land Use Agreements DescriptiOn Of Output The CLC also deals with any issues arising from grazing licenses that are already in place. A statutory responsibility of the Land Council is to help Aboriginal people use their land perfOrmance for commercial purposes and to negotiate on Grazing licenses their behalf with entrepreneurs and compa- Current 12 nies wanting to use that land. 9 Proposed Through its professional staff with expertise Rejected 1 in land management, including mining, pas- Granted 1 toral development, environmental protection, Abandoned 1 parks and tourism, as well as economic and Under negotiation 6 commercial analysts, the Land Council is a Agistment agreements 3 valuable resource to land owners. Compliance inspections, consultations or 4 other action Commercial proposals to use Aboriginal land come from both Aboriginal and non-Aboriginal in- dividuals, companies and government agencies. perfOrmance The CLC processes applications and helps make Proposals to take feral animals for commercial purposes land use agreements on Aboriginal land. Under such an agreement, the Aboriginal landown- Under negotiation 2 ers get sacred site protection, environmental Rejected 1 protection, some compensation and sometimes The CLC provides support to traditional owners employment and training. in licence negotiations and plays an ongoing In return, the lessee gets clear, reliable and en- role under the collaborative Indigenous Pastoral during agreements without confusion or uncer- Program (IPP) in the implementation and ongo- tainty. These agreements can be made for many ing monitoring of licence conditions. Key issues purposes, but are most common with pastoral- in negotiations include training and employment ists or mining companies. opportunities for traditional owners and remote It’s important to note that land use agreements communities, sustainable grazing levels compat- under the Aboriginal Land Rights Act are differ- ible with cultural and natural resource values ent to Indigenous Land Use Agreements which and the redevelopment of pastoral infrastructure are dealt with under the Native Title Act and for the future benefit of traditional owners. discussed in Output 6. Most licences are issued for five years, but range from one to eight years with right-of-re- perfOrmance summary newal conditions in most cases. Many years of drought in Central Australia have The CLC also monitors grazing agreements led local pastoralists to show increasing interest through compliance inspections. Four of these in obtaining grazing licences over ungrazed ar- were conducted during the past financial year. eas of Aboriginal land during the past 12 months. The compliance inspection allows the CLC to The CLC assists with negotiations to bring social and commercial benefits to the land owners and check that parties to the agreement are meeting to protect the country’s sacred site and environ- their obligations under the contract. mental values. The inspection can take many forms, but usually involves driving around the Land Trust. It can Central Land Council - Annual Report 07 - 08 41 Central Land Council - Annual Report 07 - 08 central Land council annual report continued... also include helicopter flights to assess the num- on the 17th of June 2008. The meeting of 44 ber of cattle grazing on the property, the condi- traditional owners instructed the CLC to enter tion of the pasture and infrastructure, animal into negotiations with the proponent. welfare, feral animal control, weeds, fire breaks Haasts BLuff aLt (unDerana LOcaLity) and if infrastructure requirements are being met. In the absence of a current camel export mar- GrazinG Licence prOpOsaLs ket, the CLC assisted traditional owners of the In 2007/2008, grazing licence proposals pro- Underana Camel Farm, west of Gosses Bluff, to gressed through assessment, traditional owner pursue other options by holding discussions in consultations and proponent negotiations for the March with a party seeking to graze cattle over following areas: the area. However, an independent assessment of the property’s carrying capacity found the atnetye aLt proposal was unrealistic. Initial discussions, a property inspection and Haasts BLuff aLt (papunya LOcaLity) evaluation have been done for a long-term graz- ing licence over the former Atula Station portion The CLC commenced evaluation of a preliminary of the Atnetye ALT in the North Simpson Desert proposal received in May 2008 from Australian area. The proposal includes an infrastructure Livestock Services Pty. Ltd. for a one-year ‘pilot’ redevelopment and land rehabilitation program. grazing project. If approved, a longer-term pro- posal to graze up to 3000 head in the Papunya anatye aLt (fOrmerLy tarLtOn DOwns area will be assessed. stOck reserve) aHakeye aLt (fOrmerLy ti-tree pL) The CLC consulted traditional owners and mem- bers of the Warlpeyangkere Cattle Aboriginal The CLC held further consultations with tra- Corporation about a seven-plus-three-year graz- ditional owners on a grazing licence proposal ing licence proposal over the whole of the ALT. over the whole of the land trust in the context Negotiations were concluded and the grazing of a history of informal and unregulated grazing licence formally issued in 2008. arrangements. The proposal from the former manager of the Aboriginal-owned Puraiya Cattle nGaLurrtju aLt (fOrmerLy centraL Company was rejected. Caretaker arrangements mOunt weDGe pL) have been put in place while a further proposal One grazing licence proposal from the Napperby is under negotiation. lessee was assessed and preliminary discus- DaGuraGu aLt sions held with key traditional owners ahead of presentation to a wider traditional owner group. The CLC consulted members of the Yuritj (Berta Werta) Aboriginal Corporation in March and April yaLpirakinu aLt (fOrmerLy mt aLLan pL) 2008 regarding an external proposal to agist One grazing licence proposal was assessed and cattle in an area subject to an infrastructure de- preliminary discussions held with key traditional velopment program under an ABA grant. Despite owners ahead of presentation to a wider tradi- approval from corporation members, the propos- tional owner group. al has since been put on hold by the proponent. pawu aLt (fOrmerLy mOunt BarkLy pL) existinG GrazinG Licences An external grazing licence proposal from mem- Compliance inspections, traditional owner con- bers of the former lessee’s family was assessed sultations and other actions were undertaken and traditional owner consultations undertaken in relation to the following grazing licences on Central Land Council - Annual Report 07 - 08 42 central Land council annual report continued... Aboriginal land: l Continued consultations with traditional executive meetinGs owners from Mutitjulu, Haasts Bluff, Papunya, munGkarta aLt (fOrmerLy mcLaren Mt. Liebig, Kintore and Yuendumu on a proposal creek) received in April 2007 from Arnhem Meats for The CLC reported on the progress of the five- agreement to take up to 8,000 camels for pet- year grazing licence issued to Orange Creek meat purposes across a wide area in the CLC’s Station over the portion of the land trust west of western and south-western regions. Traditional the Stuart Highway at an annual review meeting owners of some areas were receptive to the in March 2008 at Mungkarta. proposal but agreement is yet to be reached on a range of implementation issues and the level Haast BLuff aLt of economic return to traditional owners; The CLC consulted traditional owners to obtain l A commercial safari-hunting proposal from approval to transfer a five-year grazing licence Hunt Australia seeking access to unspecified over a portion of the ALT to another party due to Aboriginal Land Trusts for paying clients seeking financial hardship being suffered by the current feral animal culling and/or trophy hunting adven- licensee, the Hayes family of Deep Well station. tures. The proposal was rejected; HOOker creek aLt l A proposal from Kings Creek station to The CLC responded to a serious breach of graz- muster and remove all feral animals from the Ur- ing licence conditions by the adjoining Riveren rampinyi-Iltjiltjarri ALT (formerly Tempe Downs). station lessee in relation to unauthorised clear- Negotiations and consultations are ongoing. ing of 12 kilometres of fenceline without consul- tations with traditional owners and prior sacred site clearance. yaLpirakinu aLt (fOrmerLy mt aLLan) A one-year grazing licence issued to Ringwood station over a northern portion of the ALT was not renewed after its expiry in December 2007 due to outstanding rental arrears and unresolved matters in relation to the muster and sale of cattle belonging to the Land Trust. A report commissioned from Edwards Manage- ment Consultants was received in October 2007. The report assesses existing infrastructure and land condition and will be used as the basis for advice to traditional owners on carrying capaci- ties and rental values when considering any further grazing licence proposals. OtHer prOpOsaLs A number of proposals for access to Aboriginal land to take feral animals for a range of commer- cial purposes were also processed during this period including: 43 Central Land Council - Annual Report 07 - 08 Output 3.2 Employment, Education and Training DescriptiOn Of Output mininG EmpLOymEnT Aboriginal people in Central Australia No of Employment/training have suffered chronic unemployment for participants decades. Through land use agreements un- machinery operation course 7 der both the Aboriginal Land Rights Act and Tanami mine the Native Title Act, the CLC has been able to mining and related machinery operation employment with negotiate employment opportunities for Ab- 42 HWE, and ESS at Newmont’s original people in remote communities. The Granites gold mine perfOrmance 14 Warlpiri pre-vocational training program The CLC pursued employment, education and participants at The Granites Gold Mine training opportunities for Aboriginal people in (Yuendumu) eight areas of activity throughout the year: exploration at Jarra Jarra 4 (Wilora) l mining, environmental work crew at 4 l national park joint management, The Granites Gold Mine l construction and transport, uranium exploration activity - 4 l community ranger programs, Toro Exploration and Nupower (Laramba) l pastoral, Resources in Napperby area l tourism, l horticultural, COnSTRUCTiOn AnD EmpLOymEnT l Indigenous ecolological knowledge(IEK) training courses in construction 45 The CLC is pleased to report that after more and transport than 10 years of positive results, three previ- apprentices 3 ously externally-funded positions have been incorporated into the more secure funding ar- nATiOnAL pARkS jOinT mAnAGEmEnT rangements of the CLC’s 2007-2008 operational employment (FEP) 47 ABA budget. park traineeships 3 The valuable relationships and reputation established over the last decade continue to be COmmUniTy RAnGER pROGRAmS the basis for continuing demand for the CLC’s number of established groups 5 services from potential employers able to offer emerging groups 4 training and employment opportunities to tradi- number of people employed 100 tional owners and remote communities across the region. pASTORAL Collaborative land management arrange- 6-week training Rural College 3 ments and a range of enterprise development mustering contracts 5 partnerships supported by the CLC are also governance meetings for Aborigi- 5 increasingly providing sustainable employment nal cattle companies opportunities. iEk hORTiCULTURE training: multi-media 40 training: rural operations 21 Central Land Council - Annual Report 07 - 08 44 central Land council annual report continued... mininG Bore project near Aileron. Until now, most employment and training place- The CLC also participated in inter-agency ments into the mining industry have been with forums and other initiatives aimed at increasing Newmont Asia Pacific Ltd (Newmont) in the Aboriginal employment and training opportuni- Tanami region. However the increasing profile of ties in the region icluding the Tanami Regional the CLC’s Employment Unit and new opportuni- Partnership Agreement, job expos and career ties arising with exploration and mining activity information days on remote communities. elsewhere in the region saw the CLC expand its cOnstructiOn anD transpOrt level of engagement in supporting indigenous- uptake of mining-based employment. Under an agreement with Industry Service Training (IST) the CLC recruited 45 indigenous While table 2 shows the number of people people for three training programs in general and placed into employment in the mining industry, civil construction, transport and warehousing. the CLC has also supported people it placed in employment in 2006-2007. This support is The CLC also supported three trainees from the essential to improving employees long term Mt Theo Youth Diversionary Program near Yuen- employment prospects. dumu to take up mechanical apprenticeships. The CLC also met with private enterprise to ex- natiOnaL park jOint ploit employment opportunities in future opera- manaGement tions. The CLC continued to perform representative Olympia Resources - Harts Range and practical functions to secure employment and training opportunities for indigenous people The Olympia Resources proposed sand and gar- under two joint management regimes for national net mine in the Harts Range area may provide parks in the region. significant new opportunities and the CLC has been in extensive discussions with the company. In the case of the Commonwealth-managed Uluru – Kata Tjuta National Park (UKTNP) the The CLC has also facilitated related opportuni- CLC actively participated in board meetings and ties including a joint venture between Tangen- training committees. tyere Council and the Arltarlpilta CGC at the Atitjere (Harts Range) community for labour hire It also met a number of times with Parks Austra- and training activities. lia (North) to address issues directly impacting on Anangu employment within the Park includ- The Land Council met with traditional owners at ing the application of APS standards to Anangu Atitjere in February this year to talk about em- employees and the proposed devolving of ployment and business opportunities at the new park-based Anangu employment to the Mutitjulu mine and related servicing and environmental community. management requirements. A further three meetings were held in February At that meeting the Arrkarnke Awapete Aborigi- 2008 to develop Aboriginal employment opportu- nal Corporation was established to advance the nities within the Park. eastern Arrernte people’s employment and busi- ness interests in the region. For national parks managed by the NT Parks and Wildlife Service (PWSNT) the CLC collabo- Arafura Resources rated with outstation resource centres, commu- The CLC met with the company regarding em- nity councils and the Parks and Wildlife Service ployment & training opportunities at its Nolans in the implementation of Flexible Employment 45 Central Land Council - Annual Report 07 - 08 central Land council annual report continued... Programs (FEP) across many of the 20 national mote areas where few, if any, other employment parks subject to joint management arrangements opportunities exist or are able to build the same in the southern NT. degree of confidence and self-esteem, as well as valuable life skills, qualifications and experience These programs encourage involvement in joint for future employment. management activities and in developing capac- ity to take up contract-based park-management For most activities undertaken since these work. programs were developed rangers received a ‘top-up’ to their CDEP payment under grants ap- In the last financial year 47 people were placed proved by a number of sources, including NHT- into 57 on-ground projects. Participants came funded Australian Government programs. from Alice Springs, Amoonguna, Tennant Creek and remote communities in the region including ‘Top-up’ contributed toward an income for the Ntaria, Titjikala, Mpwelarre, Santa Teresa and rangers akin to a full-time wage for real work in Ulpanyali. managing threats to nationally significant values of the unique environment of Central Australia. Working in teams alongside Parks and Wildlife staff on a wide-range of park related projects, The dismantling of CDEP initiated by the Federal participants received a training wage and in most Government in August 2007 caused significant cases accredited training toward Certificates in and widespread uncertainty to existing funding Conservation and Land Management. arrangements for many ranger groups. Many discussions were held with PWSNT staff It was also a blow to their motivation and on a range of FEP issues and opportunities. capacity, most groups being temporarily ‘moth- balled’ as a result while the implications were Three ranger trainees were placed with PWSNT reassessed. this year, including a second member of the Muru-warinyi Ankkul Rangers. As CDEP programs were progressively wound up across the region CLC-employed Ranger cOmmunity ranGer prOGrams Co-ordinators helped rangers in the more In collaboration with local resource centres established programs to move off CDEP onto and community councils, the CLC continued to Centrelink where required while funding arrange- co-ordinate education, training and employment ments were renegotiated or, in a few cases, opportunities in cultural and natural resource substituted under emerging Commonwealth management (CNRM) to support the employ- programs such as Working on Country later in ment of indigenous community rangers under the period. CDEP and other arrangements. At the beginning of the year approximately 100 These programs develop the skills of rang- people were employed in a full-time, regular ers in areas such as feral animal and inva- part-time or periodic capacity in five established sive weed survey and control, flora and fauna and four emerging ranger programs. surveys, including actions related to nationally- All of the groups suffered prolonged interruption listed threatened species and biodiversity to their activity and loss of rangers into unem- hotspots, fire management and wildfire control, ployment. monitoring and protecting valuable inland wet- lands, protecting cultural sites and recording The CLC became the employer for the ABA- indigenous ecological knowledge. funded Docker River program due to cancella- tion of intended CDEP arrangements for that Ranger programs occur largely in the most re- community. Central Land Council - Annual Report 07 - 08 46 central Land council annual report continued... By the end of the year, the efforts of CLC Ranger Australia Program” Regional Investment Strat- Co-ordinators and supporting staff had main- egy application approved in late 2007. Funding tained some cohesion throughout this period of arrangements were also resolved with DEWHA, uncertainty for the six more established groups ABA and ILC sufficiently to initiate the Pastoral in the region. All had been assisted to regain Partnerships Project in the Atitjere-Mount Rid- momentum partially or fully under new funding dock area early in the next period. arrangements or to continue limited activity un- central australian indigenous community der existing funding while more secure arrange- ranger camp ments were negotiated. The 2nd Central Australian Indigenous Commu- The Tennant Creek and Ntaria-based Tjuwanpa nity Ranger camp was held at Hamilton Downs ranger programs had largely recovered from the Youth Camp in August 2007 and was attended CDEP disruptions, employing 15 rangers under by 50 rangers from six community-based Ab- Working on Country arrangements starting in original ranger groups across the CLC region. May 2008. The ranger camp provided the opportunity Ranger programs at Docker River, Yuendumu, to consolidate a shared identity and purpose Lajamanu and Ti-Tree continued to operate on through presentations on work experiences and existing or reconfigured funding arrangements future directions. It also enabled government from a range of sources while negotiations were agencies to address all ranger groups on new finalised on a jobs package under DEWHA’s initiatives and opportunities and for rangers to Working on Country (NT) program to provide be informed about the dismantling of the CDEP 3-year funding support for a Co-ordinator, Senior scheme. Ranger and 5 Rangers for each group. Each of these groups retained a core of 8 to 10 second national indigenous Land and sea interested rangers over the year depending on management conference (niLsmc) activity levels although more than 30 people, With additional funding from DEWHA and the predominantly women, had participated in the ABA, the CLC supported a representative development activities of the Anmatyerr Rangers group of 12 Aboriginal rangers from five Central in the Ti-Tree area by the end of the year; Australian Aboriginal community ranger groups The Amoonguna Ranger group withered with the to present at the 2nd National Indigenous Land loss of the Amoonguna CDEP program. Partici- and Sea Management Conference (NILSMC) in pants were helped by the CLC to move to a new Cardwell, Queensland in October 2007. ranger program being developed by the Alice funding Springs-based Ingkerreke Outstation Resource Centre with CLC assistance under an approved The CLC received funding to provide permanent Working on Country (1) program. employment for 10 full-time equivalent (FTE) positions from the Department of Environment, Two emerging ranger groups at Santa Teresa Water, Heritage and the Arts (DEWHA) over and Atitjere (Harts Range), excluded from the three years. These positions supported a mix initial response of DEWHA to the WoC(NT) pack- of 15 full-time and part-time positions, 10 in the age put forward, continued to conduct or prepare Ntaria-based Tjuwanpa Rangers and five in the for CNRM activities with development funding Muru-warinyi Ankkul Rangers of Tennant Creek. secured from the NRM Board (NT) for ‘pilot projects’ under the CLC’s “NRM Capacity Build- The CLC also submitted a three-year funding ing with Aboriginal Traditional Owners in Central application in November 2007 to support an ad- 47 Central Land Council - Annual Report 07 - 08 central Land council annual report continued... ditional 64 full-time Working on Country(NT) and Indigenous Pastoral Program (IPP) Steering Real Job opportunities for indigenous commu- Committee with other stakeholders to maximise nity rangers and pastoral workers following the indigenous employment and training opportu- scrapping of CDEP by the Federal Government. nities in the NT pastoral industry and ensure respective efforts are co-ordinated. The ranger groups supported by the CLC con- tinued to increase their skills, experience and During the year it met with the ILC and the capacity through a range of grant-funded natural NT Cattlemen’s Association to facilitate place- resource management activities on Aboriginal ments into non-Aboriginal pastoral operations land and contracts to provide environmental and in Central Australia under the future ‘Real Jobs’ other services to other land-holders, industry, program’. and land management agencies (see output 1 In December 2007 a combined funding package for more details). was submitted to ILC and DEWHA for consider- All activities undertaken built ranger confidence ation under the funding framework of the Healthy and competence in the workplace through a Country, Healthy People Schedule to support 32 level of training and mentoring by Ranger co- full-time equivalent positions across eight ranger ordinators and in many cases a transfer of skills groups under the WoC (NT) program and 32 from collaborating agency staff and specialists. full-time equivalent positions under the ILC ‘Real Jobs’ program. pastOraL Of the ILC-sponsored positions, 20 are to undertake NRM-based activity in a pastoral The CLC supports a number of Aboriginal cattle enterprise context and 12 positions assigned companies. Often the directors of these compa- to commercially-based indigenous pastoral nies need assistance with the complex gover- operations on Loves Creek, Tanami Downs and nance and management issues associated with Atula. running a large cattle company. Contributions were sought from both agencies Assistance was provided in particular to these toward additional resources required by the CLC companies: to host these positions, particularly in the area l Jayrook P/l to address governance and of job mentoring, human resources and training management issues affecting the viability of the support. company’s activities on the Aboriginal-owned While subsequent negotiations have been fruitful Loves Creek Station; in relation to the DEWHA-administered positions l support to Aboriginal directors of former there has since been little direct engagement by Tanami Downs Station (Mangkururrpa ALT); the ILC with the CLC on the ‘Real Jobs’ ele- ments of the package and a successful outcome l Wirliyajarrayi Cattle Aboriginal Corporation on these positions appears less likely. with governance issues on the former Willowra station. OtHer pastOraL empLOyment The CLC supported the employment of five The CLC monitored indigenous employment on men from Willowra in May 2008 for a muster at Aboriginal-owned cattle stations and grazing Tanami Downs Station, providing valuable work licences negotiated on Aboriginal land. Critical experience and achieving successful outcomes focus was given to indigenous employment ben- for all parties. efits in evaluating all grazing licence proposals The CLC continued to work as a member of the received during the year. Central Land Council - Annual Report 07 - 08 48 central Land council annual report continued... tOurism participants in a 140 km walk from Bonney Well to Barrow Creek with senior traditional owners in The CLC successfully submitted an application June 2008. to the NT Department of Employment, Educa- tion and Training (DEET) for $25,000 to develop a Tourism Training Package for the Thakeperte community. See Output 3.4 for more reporting on tourism activities. HOrticuLturaL The CLC continued to work with Centrefarm Horticultural Limited, Tangentyere Job Shop and Central Desert Training to establish a training program to prepare Aboriginal people for place- ment into emerging commercial horticultural employment opportunities on the Ahakeye ALT in the Ti-Tree region. As a result 21 Anmatyerre people commenced a Rural Operations training course at Ti-Tree research farm in February 2008 and there will be a second intake of 19 people before the end of the year. The CLC is on a steering committee for the pro- posed Adelaide Bore horticultural training facility on the Ahakeye ALT. It is also helping the Ali Curung community to set up a horticultural training program to enable the community to meet the labour requirements of Centrefarm and a southern partner for their joint venture horticultural development on the Warrabri ALT. The CLC liaised with trainers on behalf of the West Waterhouse outstation group who wish to to establish a commercial date plantation. inDiGenOus ecOLOGicaL knOwL- eDGe (iek) – meDia traininG The CLC organised multi-media training by NT Libraries training for five young Alyawarra men from Ampilatawatja to enable them to record the IEK of senior men in the Davenport Range region. Pintupi Anmatjere Warlpiri (PAW) Media was engaged to provide three weeks of training to 35 49 Central Land Council - Annual Report 07 - 08 Output 3.3 mining DescriptiOn Of Output The CLC’s obligations include ensuring that the right of traditional owners to control access to mining on Aboriginal land contributes more Aboriginal land is maintained and that native title than a billion dollars a year to the Northern rights and interests are enhanced and protected. Territory economy and accounts for 80 per It must also ensure that Aboriginal people are cent of the Territory’s income derived from fully informed and empowered to take control of mining. The majority of the mining activity in decisions regarding exploration and mining on the CLC region occurs west of Alice Springs their land or where they hold native title. in the Tanami region where thousands of square kilometres of land are under explora- The overriding statutory obligation on the land councils is to consult traditional owners and act tion. on instructions on the basis of group consent en- The CLC has made agreements on behalf of sures absolute validity of traditional landowners’ traditional Aboriginal landowners with mining consent. Adherence to the processes under the companies for more than 20 years. Act delivers certainty to both traditional owners Under both the Land Rights Act and the Native and miners. Title Act, the CLC has forged agreements which Thanks to the Aboriginal Land Rights Act, the offer security to mining companies and ben- CLC has been able to work collaboratively with efits to Aboriginal people through jobs, training, mining companies mining on Aboriginal land to sacred site protection, environmental protection maximise the employment of Aboriginal people. and compensation payments. perfOrmance Efficient and effective processing of applications for consent to the grant of exploration licences on Aboriginal land performance measures 2008 2007 2006 2005 Number of exploration licence applications effectively 48 50 39 67 progressed to an initial traditional owner meeting Number of exploration licence applications processed 42 39 68 110 to a final decision Number of exploration licence applications under 262 209 146 149 negotiation as at 30 June Average time taken (in years) from date application is 3.5 1.8 2.3 1.5 received to either consent or refuse Central Land Council - Annual Report 07 - 08 50 central Land council annual report continued... ExpLORATiOn AnD mininG sequent mining. An agreement for mining must be made to allow mining to proceed. expLOratiOn Licence appLica- Mining generally involves substantial impacts tiOns (eLas anD epas) to the environment and can affect neighbouring communities. The decision, therefore, that tra- Exploration for minerals and petroleum is regu- ditional Aboriginal owners are required to make lated under Northern Territory legislation admin- at the exploration licence application is quite istered by the Minister for Mines and Energy. onerous. Exploration licences (ELs) are required for min- This is at the earliest point in the development eral exploration and a separate title, an explo- process when the least information is available ration permit (EPs), is required for oil and gas on the nature of any possible development. exploration. In this context the CLC is required under the With respect to exploration licence applications Land Rights Act to ensure traditional Aboriginal on Aboriginal land, the Northern Territory min- landowners are informed as far as practicable ister for Mines and Energy initiates the process when making decisions. contained in the mining provisions (Part IV) of the Land Rights Act by consenting to exploration Where an agreement is made for exploration, applicants to enter into negotiation with the CLC. the Land Council must be satisfied that tradition- al Aboriginal landowners understand the nature Applicants then have three months to lodge an and purpose of the agreement and, as a group, application for the consent to the grant of the consent to them. CLC Considerable effort and resources are directed In response to applications for consent, the Cen- at ensuring the relevant traditional Aboriginal tral Land Council organises meetings to consult owners of land affected by exploration licences the relevant traditional Aboriginal landowners are identified and that they participate in the and ascertain their views. relevant meetings. The applicant is entitled to present the explora- The table on the next page summarises the tion proposals to traditional Aboriginal owners numbers of ELAs and EPAs dealt with by the at the first meeting and a representative of the CLC during the year. minister can also attend this part of the meeting. Consent to negotiate was given to 100 ELAs and Where instructed, the CLC negotiates an agree- the CLC received applications for the consent ment over the terms and conditions of the grant. to the grant of 96 ELAs during the year. This Through this process the rights and interests of represents a continuation of a very high level of traditional Aboriginal landowners are protected interest in exploration on Aboriginal land. and once a decision is made, the applicants ob- During the year, 17 large-scale meetings were tain the certainty they need to make the substan- conducted to consult traditional Aboriginal tial investment exploration requires. landowners. Under the mining provisions (Part IV) of the Land A large number of applications (65) for Rights Act, the traditional Aboriginal landowners’ separate exploration licences and exploration consent is required to the grant of exploration permits on Aboriginal land were discussed, titles on Aboriginal land. including a significant number (48) of new Once consent is given to exploration, the tradi- applications taken to their first consultation tional Aboriginal owners cannot refuse any sub- meeting. 51 Central Land Council - Annual Report 07 - 08 central Land council annual report continued.... cOunt Of expLOratiOn appLicatiOns (eLa & epas) 2008 2007 2006 Consent to negotiate from NT Government 100 123 95 Application for consent to the grant* 96 101 65 Withdrawn during negotiating period 10 24 18 Refused 24 6 15 Consent to the grant 8 9 35 Granted by NT Government 11 33 47 Under negotiation as at 30 June 262 209 146 Note: *Count of ‘Applications for consent’ includes applications following expiry of moratorium period. Meetings were held across the CLC region in- the average processing rate as compared to last cluding Tennant Creek, Yuendumu, Willowra, Ar- year’s average (2.3 years) and previous years. eyonga, Nyrripi, Alice Springs, Alekarenge, and Of note is a particular group of five ELAs and Lajamanu. Achieving this number of meetings in one EPA, which have had very long consultation a remote situation requires significant organisa- histories. This group of applications is located tional effort and substantial resources. in an extremely remote region, not previously As a result of consultations with traditional explored which holds high biodiversity and Aboriginal owners the CLC consented to eight conservation value. In addition, consultations exploration licence applications covering some proved complex because of the large size of the 5,800 square kilometres of Aboriginal land. exploration permit, covering some 16,000 square Twenty three exploration licence applications kilometres of Aboriginal land, affecting several and one exploration permit was refused. Ten communities and different language groups. exploration licence applications were withdrawn In terms of CLC inputs, exploration permits for while within the negotiating period. The graph on oil and gas require greater resources and time the next page compares this years’ number of because they cover much larger areas than exploration licence applications, both consented mineral exploration licences - as they are gener- to and refused in previous years. ally aimed at covering significant portions of During the year, the Northern Territory Govern- geological basins. Exploration permits can be up ment granted a total of 11 exploration licences to 10 times the area of the maximum exploration and permits on Aboriginal land and as of 30 June licence application area. 2008 there are a total of 148 granted exploration Overall for the year, the number of applications licences on Aboriginal land. concluded remained less than the number of ad- The average time for processing applications, ditional applications for consent. which were either consented or refused during This has led to a further increase in the number this financial year, was three-and-a-half years of applications under negotiation at the end of - from the date the applications were received the financial year. At June 30, 2008 there were by the CLC. A major influence on this result has 262 exploration licences under negotiation been the strategy this year to finalise long stand- compared to 209 at the end of the last financial ing applications which has caused an increase in year. Central Land Council - Annual Report 07 - 08 52 central Land council annual report continued... expLOratiOn Licence 100 appLicatiOns 80 Received 60 Refused 40 Consented 20 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 OtHer cOnsuLtatiOns exploration on Aboriginal land. In addition, some holders of granted licences on Aboriginal land Strong interest in uranium exploration was have farmed out or sought to switch to uranium maintained as the uranium price eased from exploration on granted tenements. record highs but maintained historically high levels. Of the exploration applications received The Tanami region has become a focus of much by the CLC, 75 percent (72) were solely or of the renewed interest in uranium. Traditional primarily aimed at discovering uranium. These, Aboriginal owners have not been exposed to combined with previous applications for uranium uranium applications in this region since 1986, represent a vast area sought for uranium when applications at that time were refused. Below: CLC staff and traditional owners at Karlanjarri talk about exploration applications 53 Central Land Council - Annual Report 07 - 08 central Land council annual report continued.... Since then extensive exploration has occurred These include the physical properties of uranium which has been almost exclusively for gold. and radiation, the nuclear fuel cycle, uranium Several mining operations have been developed mining in Australia, potential radiation exposure from subsequent discoveries. pathways, techniques for uranium exploration, radiation safety and management, arguments Traditional Aboriginal owners’ experience in for and against using uranium. The banners the Tanami over the last 20 years has led to a were designed to focus discussions held in relatively good understanding of the impacts communities. Two large-scale community associated with gold mining and familiarity with meetings were organised, one at Lajamanu and the consultation process and agreement making. the other at Kalkaringi in September 2007. Proposals for uranium exploration, however, In addition to the CLC presenting factual raise specific issues unique to uranium mining information on uranium, representatives from and the supply chain. Traditional Aboriginal the uranium representative body, the Australian owners need to be aware of these in order to Uranium Association, and the peak Australian make fully informed decisions. conservation body, the Australian Conservation For instance, at the political level, understanding Foundation were invited to address the meeting that uranium mining in Australia remains a and present their views and positions to the contentious and contested issue is important, as meeting. is knowledge of the unique properties of uranium The Radiation Officer from the Northern Territory and the implications radiation poses at the mine site. Below: A traditional owner uses a Geiger Counter to Consultation meetings over specific exploration learn about radioactivity licence applications do not allow the breadth and complexity of issues to be sufficiently canvassed so the CLC developed a two-tiered approach to uranium consultations. The strategy aims, in the first instance, to give affected Aboriginal communities facts on uranium and information on the supply chain, to be followed-up with consultations with traditional Aboriginal owners over specific exploration licence applications. In developing the first tier community information sessions, the CLC worked in conjunction with the Uranium Industry Framework Subgroup on Indigenous Engagement and the Northern Territory Mines and Energy Division to develop an information package suitable for presentation in remote Aboriginal communities in the Tanami. A series of seven two-metre high posters were produced covering several themes related specifically to the environmental and social issues associated with uranium mining. Central Land Council - Annual Report 07 - 08 54 central Land council annual report continued.... Government’s Minerals and Energy Division tour and produced high quality DVDs of the also presented at the meetings and discussed community meeting and also of the Ranger trip. the regulatory regime and safety. The sessions As part of the on-going uranium information were intended to be purely educational with no strategy, the poster exhibition and the DVDs decisions being asked of traditional Aboriginal have been shown at other communities in the owners on the day. CLC region affected by uranium exploration. There was no discussion over specific This year sessions were held in Tennant Creek, exploration licences and no representatives from Alekarenge, and Ti Tree in April 2008, Alice the particular companies were present. Springs in May 2008 and Areyonga in June 2008. Initial feedback from Aboriginal communities indicates an increased awareness of issues surrounding uranium mining. AGREEmEnT mAkinG There was considerable interest in seeing first A total of three new exploration agreements hand an operating uranium mine and having an were finalised during the year, relating to a total opportunity to relate the information provided of five exploration licences. The details are as at the community uranium information sessions follows. with the reality of the mine. An agreement was signed in November 2007 for In October 2007 the CLC organised a visit to the the grant of three exploration licences (24541, Ranger Uranium Mine. A bus, supported by CLC 25511, 25427) to Westgold Resources Ltd, field officers and vehicles, took 22 Aboriginal south-west of Tennant Creek on the Karlantijpa people from Lajamanu and Kalkaringi to Jabiru South Aboriginal Land Trust. The licences cover in the Top End of the Northern Territory. the Rover 1 copper- gold- cobalt prospect which Two companies that have applications in the contains known mineralisation discovered in the region, Northern Uranium Ltd and Thundelarra 1970s by drilling geophysical targets. The Rover Exploration Ltd, contributed to the cost of hiring field is one of the least-explored regions of Aus- the bus. Energy Resources of Australia Ltd, tralia and is thought to be either an extension or which operates Ranger, hosted the group and mirror of the nearby Tennant Creek gold field. facilitated an inspection of the Ranger mine and Protecting sacred sites has been a significant processing facilities. matter and clearances undertaken by the CLC Meetings were held with workers from the mine have made available areas of prospective and officers from the Office of the Supervising ground. The agreement builds on good relations Scientist, which has a statutory monitoring role. established between Westgold and the CLC over The visiting traditional owners also met with the existing agreements, which are for licences con- senior Mirrar traditional owners of the Ranger tiguous to the areas agreed to this year. mine to hear their concerns relating to the mine. The other agreement signed is with Kajeena The tour was exposed to a divergent range of and joint venture partners, Tech Cominco views and opinions on uranium mining and saw Ltd and BHP Billiton Ltd for four exploration first hand how uranium is recovered and radia- licences over the Haasts Bluff Aboriginal Land tion is managed on an operating minesite. Trust. The area is a very remote region west A film crew from PAW Media and of Alice Springs and not previously explored. Communications attended the community Negotiations over the agreement have been very information sessions and accompanied the protracted as Kajeena has sought joint venture parties to manage the exploration. 55 Central Land Council - Annual Report 07 - 08 central Land council annual report continued.... summary Of expLOratiOn anD curred during the year. A major meeting of the Granites Liaison Committee was scheduled for mininG aGreements June 16, 2008 to consider significant changes Current - 30 2007 being planned at the mine site. The meeting, June 2008 however, was postponed due to the death of Exploration senior traditional Aboriginal owners prior to the Agreements (no. of 7 (32) 54 (148) meeting. ELs & EPs) Area of Aboriginal At Newmont’s Tanami Mine, 100 kilometres north 5,800 sq 52,000 sq of the Granites, rehabilitation and closure work land in exploration km km continued. A Tanami Liaison meeting was held in agreements September 2007. At this meeting traditional Ab- Mining Agreements original owners were shown rehabilitation work nil 10 (12) (no. of MLs & PLs)** that had occurred on the mineral leases. Instruc- tions were obtained on various closure matters, such as retaining the airstrip, some of the haul AGREEmEnT impLEmEnTATiOn roads, and bore field and where possible filling in Where agreements are entered into with mining pits. A site of historical heritage containing an old companies the CLC assumes a range of obliga- windmill is to be kept undisturbed. tions and responsibilities, which are required to Also discussed was a revised agreement be undertaken diligently. negotiated by the CLC with Newmont, which As at June 30, 2008 the CLC has 54 current consolidates various agreements for the Tanami exploration agreements in respect of 148 ex- mining lease and neighbouring leases, on all of ploration tenements and 10 mining agreements which production has ceased. The original deeds relating to a total of 12 mineral leases or produc- provide for ongoing payments in circumstances tion licences. where production was not occurring. Traditional Aboriginal owners agreed to vary the payments These include agreements for the Production to better reflect the fact that mining has ceased Licences (PLs) for both the Mereenie Oil and and that the term of the mining leases is continu- Gas Field and the Palm Valley Gas Field, as well ing because Newmont is spending considerable as mineral lease (ML) agreements for operating resources on properly rehabilitating the site. gold mining at The Granites – see table above. During the year, the CLC has been working to fi- The agreements generally provide for sacred nalise a Regional Partnership Agreement, which site protection; entry permits and access condi- was envisaged under the memorandum of un- tions; work program approval; environmental derstanding between the Australian Government protection and rehabilitation; Aboriginal employ- and the Minerals Council of Australia. The Re- ment, training and contracting; liaison, reporting gional Partnership Agreement (RPA) is between and inspection. the CLC, Newmont, and both the Australian and tanami mininG aGreements – newmOnt Northern Territory Governments. asia pacific Among other things, the agreement estab- Newmont’s Tanami Operations mine, the world lishes a steering committee to guide work being class Callie deposit at its Granites operation, is undertaken by the RPA Project Officer who has Australia’s fifth largest gold producer. Ongoing been employed by the CLC employment unit. monitoring of the agreements and, in particular, The focus of the role of the position is to foster environmental and rehabilitation aspects oc- the development of Aboriginal businesses and Central Land Council - Annual Report 07 - 08 56 central Land council annual report continued.... enterprises. leum that the proposed alteration is not accept- able. The first contract issued by Newmont under the RPA occurred in April 2008. The business arm In September 2007, Central Petroleum finally of Dagaragu Community Council was contracted accepted the CLC advice and requested sacred by Newmont to build a five kilometre fence either site clearance of the access route as defined in side of the Tanami Highway as it passes through the agreement. Clearance of the access route the Tanami mining leases. was given by the CLC in November 2007. A lot of effort went into setting up the work but Road construction and associated water boring once the contract was issued, it proved very suc- commenced in April 2008. As of the end of June cessful with completion of a high quality fence 2008 most of the stores and equipment for the ahead of time. drilling rig have been transported to the first drill- ing site at Blamore and drilling is anticipated to paLm vaLLey Gas fieLD – maGeLLan commence early in July 2008. petrOLeum A Liaison Committee meeting was held at Palm GOvERnmEnT LiAiSOn Valley on May 2008. Magellan provided tradi- tional Aboriginal landowners with updates on the The CLC worked collaboratively with the North- field’s operation. ern Territory Mines and Energy Division during the year to maintain productive relationships and The rehabilitation and stability of the completed ensure an effective meshing of the Department’s drill site at PV11 (a dry well) and access road and CLC’s processes with respect to granting was inspected. This site at the headwaters of a exploration and mining titles. tributary to the waterway contains ancient spe- cies of palm found in the Finke Gorge National The changes to Part IV of the mining provisions Park. Closure options for the site are under con- contained in the Aboriginal Land Rights (NT) sideration by traditional Aboriginal owners. Amendment Act 2006 commenced on 1 July 2007. Transition to the new provisions has been smooth. ep 93 centraL petrOLeum One of the significant changes is the capacity for Last year it was reported that there is disagree- the minister to delegate his role with respect to ment between the CLC and Central Petroleum attending traditional Aboriginal owner consulta- over the access route to its proposed well sites tions over exploration licences. located in remote areas of the Simpson Desert east of Alice Springs on granted Exploration Such a delegation has been made to the North- Permit 93. ern Territory Mining Minister and as such of- ficers from the Mines and Energy Division have In the previous financial year, the CLC had attended some of the first meetings of traditional conducted sacred site clearances of the well Aboriginal owners. sites and approved drilling at the locations. The access route to the drill sites was agreed to in the exploration agreement. However, Central Petroleum sought to alter the access route and proposed a route that is not acceptable to traditional Aboriginal owners. The CLC has consistently advised Central Petro- 57 Central Land Council - Annual Report 07 - 08 OUTpUT 3.4 Commercial Assistance DescriptiOn Of Output pastOraL perfOrmance Working with individual landowners, com- Larger munities and across the region, the CLC cattle supports landowners to take advantage of Number of Number stations commercial opportunities on Aboriginal land Aboriginal of other that Land Trusts pastoral received and to develop long-term sustainable Ab- that were enterprises assistance original enterprises. The CLC works directly assisted that received and with Aboriginal landowners in commercial through IPP support support activities of tourism, pastoral development, and bush foods. The CLC has sought to support Aboriginal 14 6 4 people to develop their infrastructure, busi- ness development training, business plans tOurism – reGiOnaL and capacities in these commercial activities. pLanninG, enterprise DeveLOp- ment anD capacity perfOrmance The CLC has worked across a range of areas in tourism enterprise development for Aboriginal The CLC supports Aboriginal people to develop landowners. In regards, to regional development tourism enterprises in their communities. we undertook regional planning activities and work with communities across our region (see tOurism perfOrmance Table 1). The research and consultation within this work is essential to increasing sustainability Number of project ideas. Number Number of tour- of tourism of tourism ism joint ven- work- The CLC has also supported individual enter- enterprises tures partner- shops and prise development across a number of commu- supported ships created trial tours nities in our region. This included support for a undertaken range of tours, securing funding for enterprise developments and progression of tourism pro- 13 4 10 posals. Table 2 presents those communities that the CLC worked with. The CLC also continues to support enterprise development in communities through building The CLC responds to Aboriginal landowner capacity of community residents.This is essential requests for practical ‘on-ground’ assistance and to ensure skills, capabilities and capacities of project management expertise for their pastoral residents are developed and maintained. This stations. year we have helped build capacity in tourism Staff that work on commercial activities through enterprise through supporting: tourism and pastoral programs are funded under l traditional owner participation in the WAITOC a number of programs: ILC, NHT, Tourism NT, Indigenous Tourism Conference. and the another four positions are ABA funded. l Lilla traditional owners to attend the Austra- lian Tourism Exchange in Perth (June). Central Land Council - Annual Report 07 - 08 58 central Land council annual report continued.... taBLe 1: reGiOnaL tOurism pLanninG researcH anD cOnsuLtatiOn This study evaluated strategic indigenous tourism opportunities in the Uluru-Kata Tjuta National Park area. DJ Consultants submitted a report Uluru Region Strate- outlining a number of potential enterprises for future development. Con- gic Tourism Study tinuing discussions on project support are occurring with UKTNP tradition- al owners and Tourism NT. Specific requests have been made to fund the Southwest Regional Indigenous Tourism Development Plan. Western Aranda The plan was launched in July 2007. The CLC provided significant support Tourism Develop- for the improvements to tourism infrastructure on the Red Centre Way. ment Plan CLC identified traditional owner tourism aspirations in the context of joint Chambers Pillar His- management consultations for Chambers Pillar. There are potential link- torical Reserve ages to this and the joint management work at Rainbow Valley Conserva- tion Reserve and Titjikala community. CLC undertook an investigative tour with traditional owners in Northern Northern Simpson Simpson Desert. The tour identified existing tourism operations in the Desert region and potential developments. l a 12 week DEET- funded training program Meetings were held with the following organisa- for Thakeperte traditional owners which delivered: tions and groups: Senior First Aid, media training and site visits to • Operational Working Group of CLC and Tour- other Aboriginal tourism operations; ism NT; l representation of traditional owner and indig- • Central Australian Tourism Industry Associa- enous tourism enterprise interests in a number of tion (CATIA); interagency meetings, development forums and • Destination Development; working groups. • Desert Knowledge CRC; • Red Centre – First National Landscape. 59 Central Land Council - Annual Report 07 - 08 central Land council annual report continued.... taBLe 2: tOurism enterprise DeveLOpment witH cLc cOmmunities Lajamanu Support for cultural tourism Development of campground and cultural tour proposal with ABA funds Town Bore Developed a three day trial tour with joint venture partner, Trek Larapinta Funding applications to restore and develop basic tourism infrastructure at these out- stations which are along the Red Centre Way Paddock Ipolera campground improvements completed in May 08 included: improved water Palm, Ip- supply, ablution facilities, solar power reconnection, installation of BBQs, landscaping olera and and bough shelter construction Rodna Trial tour at Ipolera with joint venture partner, Spirit of the Desert Trial tour at Palm Paddock with joint venture partners, Alice Springs Sightseeing Centre Support with registering Rainbow Valley Cultural Tours as a business Successful grant application for Rainbow Valley Cultural Tours set up costs funded by Rainbow Indigenous Development Fund Valley Accessed funding for development of Rainbow Valley Cultural Tours business plan Conser- through Indigenous Business Australia (IBA) vation Negotiations between Rainbow Valley Cultural Tours and Alice Springs Sight-Seeing Reserve Centre including one trial tour conducted with Tourism NT. Since commencing op- erations, six commercial tours and one free family tour for traditional owners from Thakeperte ALT have been conducted. Iwupataka Submitted a funding application to IBA for business planning of Iwupataka Ecotourism ALT Caravan Park and Cultural Tours Harry Facilitated discussions for a tourism enterprise with Harry Creek community members, Creek TNT and DBERD (South) Support for a proposal from the Ulpanyali community Commu- Development of proposal for a guided Kings Canyon rim walk with TNT for Wartarrka nities in traditional owners Watarrka National Establishment of a joint venture between Lilla Tours and Hinterland Tours for guided Park tour of Lilla rockhole Securing NT Tourism funding for signage at Akanta campground Thakperte Engaged a consultant to prepare a DEET funding submission for tourism training (Hamilton Upgraded existing community infrastructure with Ingkerreke Outstation Resource Downs) Centre assistance Central Land Council - Annual Report 07 - 08 60 central Land council annual report continued.... Above: Planning for tourism on the Thakeperte ALT The CLC provided presentations at workshops, support for pastoral development on Aboriginal including tourism workshops for traditional own- land. ers at Santa Teresa and Tempe Downs station, In conjunction with IPP staff and pastoral con- and an economic development in parks session sultants, the CLC provided advice to Aboriginal with NT Parks & Wildlife and Tourism NT. landowners on pastoral production including pastOraL DeveLOpment stocking rates, business and property planning and sustainability issues. To improve planning The CLC provided for pastoral development sup- confidence and certainty of support over the port to Aboriginal land owners involved in larger longterm work has commenced on a three year commercially-based projects and smaller groups funding application to the ILC. starting up enterprises. The CLC participates in the Indigenous Pastoral Program (IPP), a collab- Aboriginal Land Trusts which received sup- oration between: CLC, NLC, NT Department of port under the IPP included: Undarana Camel Primary Industry, Fisheries and Mines (DPIFM), Farm (Haast Bluff ALT), Atnetye ALT, Daguragu Department of Employment and Workplace Rela- ALT, Loves Creek Station, Haast Bluff ALT, tions and NT Cattleman’s Association. Pawu ALT, Wirliyajarrayi ALT, Mangkururrpa ALT, Mangalawurru (Karlantijpa North ALT), Kurn- The CLC works with 16 pastoral stations through turlpara (Kunturlpara and Warumunga ALTs), the IPP. Mungkarta ALT, Ahakeye ALT, Yalpirakinu ALT, The IPP’s focus is to reinvigorate and increase Yuendumu ALT, and Ngalurrtju ALT. Additional Aboriginal participation in the pastoral industry assistance was provided to other traditional through improved co-ordination and resource owners of community-based pastoral enterprises 61 Central Land Council - Annual Report 07 - 08 central Land council annual report continued.... Table 3: Community Pastoral Enterprise and Commercial Stations that received CLC support Wirliyajarrayi Meeting with Wirliyajarrayi Cattle Aboriginal Corporation regarding purchase and ALT (formerly repair of a second hand grader Willowra): Consultations with Angarapa ALT to plan infrastructure requirements Angarapa ALT (formerly Discussions with licensee of the Angarapa Grazing Licence and the owners of Utopia): the Eastern Desert Art company regarding their offer of technical, management and financial support for the project Aerial survey of stock numbers on the Anurrete ALT in preparation for traditional Anurrete ALT owners mustering Provided assistance to Walpeyangkere Cattle Aboriginal Corporation to muster Anatye ALT over the former Tarlton Downs Stock Reserve, resulting in the sale of 37 head. Karlantijpa ALT Obtained ILC funding for development of the Mangalawurru pastoral project Assessed watering points on the Underana Camel Farm Assisted traditional owners in bore repairs Haasts Bluff ALT Practical on-ground support for mustering 40 camels for sale and organised repairs and maintenance of drafting yards Provided representation of traditional owners on the restructured Board of Tanami Downs Directors of Peake Pty. Ltd. Initiated a fire management plan Initiated business and succession planning on behalf of Apiwentye Pastoral Co., Atula funded by IBA Assisted the Directors of Jayrook to manage transitional ‘caretaker’ arrange- Loves Creek ments Assisted the Aboriginal-owned Puraiya Cattle Company with a hand-over of com- pany affairs Titree Supported transition to ‘caretaker’ arrangements for stock and infrastructure by an external party Central Land Council - Annual Report 07 - 08 62 central Land council annual report continued.... across the CLC region and to larger Aboriginal- owned commercial pastoral stations (see Table 3 for details). Further, the CLC provided project management and development support for three community- based cattle enterprises in receipt of s.64(4) grants from the ABA: Urrampinyi Iltjiltjarri ALT: $290,000 for herd and infrastructure improvements; Alatyeye block (Alcoota locality): $300,000 for herd and infrastructure improvements; Daguragu ALT: $225,000 for herd development, infrastructure improvements and ongoing project management. BUSH FOODS The CLC was involved in bush foods through networks and working groups. Staff are a part of the Indigenous Reference Group of the Desert Knowledge CRC Merne Altyerre-ipenhe Project and have had meetings with CSIRO and Charles Darwin University regarding traditional owner participation in the bush foods industry. Staff have also been documenting traditional owner enterprise aspirations in the Southern Tanami for inclusion in the Southern Tanami IPA, including bush food harvest and related tourism opportuni- ties. 63 Central Land Council - Annual Report 07 - 08 Central Land Council Annual Report Output Group 4 Advocacy Services Central Land Council Report Output Group 4 Advocacy services The CLC has a statutory responsibility to ascertain and express the wishes and opinions of Aboriginal people in its region, to protect the interests of Aboriginal people and help to protect sacred sites. OUTCOmE OUTPUT GROUP 4 Enhanced social , political and economic Advocacy Services participation and equity for Aboriginal people in the Land OUTPUTS Council’s area as a result of the promo- 4.1 Public Awareness and Education tion, protection and 4.2 Advocacy and Representation advancement of their land rights, other 4.3 Cultural and Heritage Support rights and interests 4.4 Community Development Support 65 Central Land Council - Annual Report 07 - 08 Output 4.1 Public Awareness and Education DescriptiOn Of Output the media and answered inquiries from staff, the media and Aboriginal traditional owners on the The CLC plays an important role in informing changes. its constituents and the wider public about The CLC produced other publications during the Aboriginal issues in Central Australia. Every year, including booklets explaining the Native year the CLC produces a wide range of infor- Title Act and the Aboriginal Land Rights Act and mative and educational materials on issues three editions of Land Rights News. of importance to Aboriginal people. It is also often the first point of contact for journalists The CLC also published a 16-page magazine included in the local newspaper which outlined and the general public wishing to know more positive developments in remote communities about Aboriginal people in Central Australia. perfOrmance mEdIA 2006-07 2007-08 Land Right News 3 3 Press releases 14 18 Information booklets 1 6 Promotional Magazine 1 1 Newsletters, articles and 8 11 posters Website visits 69034 81856 DVD 4 6 Presentations to 9 15 stakeholders Land Management 4 5 publications In this financial year, there has been a very high demand for information from people living in remote areas wanting to know about how the Federal Government’s intervention into Northern as a result of the CLC’s work and served to Territory Aboriginal communities would affect raise awareness of the organisation by the wider them. public. It was well received by both Aboriginal people and non-Aboriginal people. In response to the high level of uncertainty, the CLC produced a series of newsletters detailing The CLC also contributed to a range of main- facts and policy under the intervention. stream natural resource management publica- tions providing examples of the successes of It also prepared articles and features for Land central Australian Aboriginal ranger programs. Rights News, a newspaper co-produced by the CLC and Northern Land Council that has a print In response to the high level of exploration run of 13,000 copies, press releases to inform applications to look for uranium, the organisa- tion is undertaking a major educational initiative Central Land Council - Annual Report 07 - 08 66 central Land council annual report continued... to inform key communities about the issues National Park. surrounding potential uranium exploration and A DVD produced from the roadshow forms part mining. This strategy was supported by nine of the information package being delivered to all government, industry and NGO agencies in the communities under phase 2 of the strategy. The interests of presenting a balanced perspective strategy separates information provision from on a controversial issue. decision making meetings. To date the CLC has Phase 1 of the strategy involved community conducted seven information meetings and 10 meetings in the northern Tanami with speakers decision making meetings. from all sides of the uranium debate as well as The requirement for educational material and a visit by a group of traditional owners to the general media also increased with the growth of Ranger uranium mine near Jabiru in Kakadu the CLC’s community development initiatives. The CLC was proud to open its digital photo archive in the Alice Springs Town Library and provide an archive kiosk in its reception area this year. This facility is used constantly by Aboriginal visitors and will be expanded regionally. Left: the Uranium information session held at Lajamanu in 2007. Below: the banners produced for the uranium information roadshow 67 Central Land Council - Annual Report 07 - 08 Output 4.2 Advocacy and Representation DescriptiOn Of Output executive meetinGs executive meetinGs The CLC has a statutory responsibility to date No of Resolutions ascertain, express and represent the wishes 18 July 2007 24 and the opinions of Aboriginal people living in the CLC area, and to protect the interests 20 September 2007 18 of Aboriginal people living in the area. 30 October 2007 20 To fulfil this responsibility the CLC identifies 5 December 2007 20 significant legislative and policy matters, 28 February 2008 25 consults with traditional owners and Aborigi- 29 May 2008 40 nal people to ascertain their views, brings Total Executive significant policy matters to the attention of 147 Resolutions the Council and Executive, and engages with all levels of government and other stakehold- ers to ensure Aboriginal views and aspira- In the last financial year, a round of governance tions are taken into account. training involving a one day workshop in each of the CLC’s nine regions was completed. perfOrmance The governance manual resulting from that train- cOunciL meetinGs ing was finalised and printed (to be provided to date Place No of all 90 members of Council at their next meeting). resolutions The CLC made seven submissions to the Austra- 31 July & 1 lian Government on general policy: Werre Therre 8 August 2007 submission to the Senate Inquiry into the 13-14 NT Emergency Response Bill 2007 and related November Urlampe 8 legislation; 2007 new government policy briefing on NT Emer- 29-30 Kintore 17 gency Response and ‘From the Grassroots’ April 2008 briefing report on community views; submission to FaHCSIA regarding changes Below: CLC Field staff serve meals to members at a to the permit system relating to access for CLC meeting at Kintore in 2008 journalists; submission to the Senate Community Af- fairs Committee Inquiry into the Emergency Response Consolidation Bill 2008; submission to the Department of Communica- tions, Information Technology and the Arts on the Telecommunications Universal Services Obliga- tion review; submission to Australian Government discus- sion paper on the Community Development Employment Program; Central Land Council - Annual Report 07 - 08 68 central Land council annual report continued... proposal paper to FaHCSIA on remote a detailed policy document forwarded to the new housing. Government in December 2007. The CLC also made three submissions to the NT nt emerGency respOnse Government regarding the new Local Govern- Announced on 21 June 2007, the NTER, with its ment Act. suite of measures, has been the most significant cOmment On perfOrmance indigenous policy issue this financial year. The CLC has worked hard to help our constituents feDeraL eLectiOn understand the issues, to influence government The federal election was held in November 2007 policy and implementation, and to prepare for resulting in a change of government. the expected 12 month review. The CLC has worked to establish relationships The CLC provided a written submission to the with the new government and senior departmen- Senate Inquiry into the NT Emergency Response tal officials, and identify opportunities for policy Bill 2007 and related Bills, and appeared before and advocacy input. the Committee in August 2007. The CLC took a delegation of traditional owners to Canberra to In particular, the CLC has sought to influence the coincide with the introduction of the legislation. future direction of the NT Emergency Response (NTER), detailed further below, through meet- To assist our constituents and others to under- ings with both the Prime Minister and Minister for stand the implications of the NTER the CLC Indigenous Affairs, and through the production of produced a community newsletter outlining the Below: The Minister for Families, Housing, Community Services and Indigenous Affairs, Jenny Macklin talks with CLC Chair Lindsay Bookie and NLC Chair Wali Wunungmurra in Darwin soon after the Government’s election in 2007 69 Central Land Council - Annual Report 07 - 08 central Land council annual report continued... measures, and also a series of fact sheets. communities. The CLC also made submissions These were circulated widely and are available to both FaHCSIA, regarding access for journal- on the CLC website. ists and to the Senate Community Affairs Com- mittee Inquiry into the FaHCSIA (Emergency Community meetings were held in Lajamanu, Response Consolidation) Bill more generally. Ampilatwatja, Titjikala, Laramba, Tangentyere and several meetings at Yuendumu. Members The CLC will continue to monitor the progress of of the taskforce, including General Chalmers and the Bill and any subsequent changes. Sue Gordon, attended the CLC Council meeting LeasinG arranGements held 1 August 2007. During this reporting period the CLC continued The CLC developed a proposal for a research to negotiate with both the NT Government and project designed to obtain detailed community the Australian Government in order to reach views about the impact of the NTER. Expert ad- agreement on standard form leases for govern- vice was sought through a series of workshops ment infrastructure and a housing head lease to determine how best to obtain these views and template for community residential housing. structure the project. Research was undertaken in Hermannsburg, Yuendumu, Titjikala, Papu- The parties are close to reaching agreement on nya, Kintore and Ali Curung, with researchers both forms of s.19 leases and there have been conducting individual and small group interviews regular meetings throughout the year. with Aboriginal men and women. Anticipating a vastly increased workload associ- In addition, the CLC spoke to the Government ated with the Australian Government policy that Business Managers of those communities, inter- all new infrastructure on Aboriginal land must viewed staff working in other agencies on those have a lease, the CLC successfully sought addi- communities, and interviewed other agencies tional resources from the Minister to allow for the based in Alice Springs. employment of a senior lawyer to coordinate this work. A new senior lawyer will start shortly. Detailed data has been requested of both Cen- trelink and the Operations centre. The report As part of considering the risks and advantages will be finalised by the end of July 2008 and will for traditional owners in issuing housing head- be provided to the Australian Government’s 12 leases to Territory Housing, the CLC has done month review of the NTER. a substantial amount of work regarding the NT Government’s proposed changes to remote permits housing management arrangements. The NTER legislation amended the system so The CLC has consulted with external housing permits were not required for public areas in experts, undertaken research and produced a main communities. These changes came into proposal paper outlining our preferred option for effect on 17 February 2008. The new Australian the housing leaseholding entity. Officials from Government has, in the FaHCSIA (Emergency the NT Government attended the April 2008 Response Consolidation) Bill 2008, sought to CLC Council meeting, giving Council members reintroduce permits to communities, with excep- an opportunity to explore these issues in detail. tions for government workers and journalists. The CLC proposal paper was forwarded to both This Bill has not been passed by the Parliament governments in June 2008. and the position of the new Senate is unclear. As at the end of the financial year, discussions The CLC advised communities of the changes in with both levels of government were continuing. a community newsletter and correspondence to Central Land Council - Annual Report 07 - 08 70 central Land council annual report continued... aBa issues The CLC attended Local Government Advisory Board meetings on 17-18 July 2007, 30-31 Octo- The CLC continues to seek to influence the fund- ber 2007 and 4-5 December 2007. ing guidelines and processes for assessing and approving community grants, including by draft- A total of three separate submissions were pro- ing suggested guidelines for adoption by OIPC. vided to the NT Government on various aspects The CLC Director and policy staff attended the of the proposed new legislation, and important ABA Advisory Committee meetings to provide changes were achieved due to the CLC’s work. advice as needed. During this financial year, the The CLC also progressed the development of a ABA Advisory Committee met on 4-6 September memorandum of understanding between shires 2007 and 9-10 April 2008. and land councils, and expect these will be teLecOmmunicatiOns drafted and signed in the next financial year. The newly appointed Shire CEOs attended the April The CLC continues to sit on the Telstra Con- 2008 CLC Council meeting, providing an exten- sumer Consultative Committee (TCCC) as the sive briefing on the new arrangements. Indigenous organisation representative. The TCCC meets three times a year. Through these forums, and other avenues, the CLC continues to be actively engaged with key regulatory, industry, government and consumer organisations. In addition to the continued promotion of the CLC report into mobile phone usage (completed in the previous reporting period), the CLC also produced a submission on the Telecommunica- tions Universal Services Obligation review to the Department of Communications, Information Technology and the Arts. LOcaL GOvernment refOrm The NT Government’s reform of local govern- ment arrangements continues to be implement- ed, with full implementation scheduled for 1 July 2008. During this financial year the NT Government tabled legislation providing for the new scheme, created the legal entities for the shires and com- menced recruitment and administrative opera- tions, resolved boundary issues and produced business plans for each shire. The CLC continued to work hard to protect the rights and interests of traditional owners in the process and ensure that the Land Rights Act and the new Local Government Act are compatible. 71 Central Land Council - Annual Report 07 - 08 OUTPUT 4.3 Cultural and Heritage support perfOrmance DescriptiOn Of Output Aboriginal people in Central Australia consis- cuLturaL anD HeritaGe activity tently proclaim their desire to keep Aborigi- Activity Quantity nal law and culture strong. Traditional ownership Today, for most Aboriginal people in the Identifications (TOID) 37 ALRA CLC’s region, land and culture remain inex- Traditional ownership tricably bound and the protection of sacred Identifications (TOID) 25 sites and objects is still a critical issue. NTA A significant role of the CLC is to assist and Cultural values support Aboriginal people to do this. 2 reports Every year the CLC recieves numerous requests Country visit for IPAs 30 by government agencies, mining and other com- Other land man- mercial interests seeking to carry out activities 22 agemnt country visits on Aboriginal land. Other IEK projects 17 The CLC carries out Work Area Clearances to supported ensure that sacred sites are not damaged during Work Area 49 this work. Clearances The correct identification of traditional owners is Sacred site clearance 38 fundamental to ensuring the smooth operation certificates of the Land Rights Act and the CLC frequently Responses to gene- does anthropological research to determine alogy requests from 12 traditional ownership of land. While it can be a Aboriginal people major exercise, this procedure enables develop- ment to proceed with certainty. cOmment On perfOrmance The combination of poverty and the high mortal- ity rate of Central Australian Aboriginal people sacreD site prOtectiOn anD WOrk area means that assistance often has to be given for funerals to enable people to be buried on their cLearances country with the appropriate ceremonies. The Sacred sites are places of deep spiritual sig- CLC is responsible for administering funds to nificance and are an integral part of Aboriginal assist its constituents to do this. culture. In addition there is also funding available to Their protection is vital for the continuation of assist Aboriginal people in its region to maintain religious and cultural traditions and as a source their cultural affiliations by carrying out ceremo- of identity for Aboriginal people. nial activities. The CLC assists Aboriginal people to protect their sacred sites by ensuring that every devel- opment proposal (including exploration and min- ing activity, the Alice Springs to Darwin Railway and road works) goes through a site clearance (work area clearance process). Central Land Council - Annual Report 07 - 08 72 central Land council annual report continued... Where sites are damaged, either because site clearances were not obtained, or because condi- tHe cLc sacreD site tions imposed by traditional owners were not cLearance certificate adhered to, the CLC assists traditional owners A CLC Sacred Site Clearance either to negotiate compensation or prosecute Certificate serves a two-fold purpose. the offender. Firstly, it serves to prevent damage to and Each year the CLC receives numerous interference with, Aboriginal sacred sites. requests from government agencies, public sec- The certificate achieves this by setting tor corporations and mining and other commer- out conditions in relation to entering and cial interests seeking permission from Aboriginal working on the subject land. An applicant, landowners to undertake a diverse range of when applying for a certificate, agrees activities on their lands. to be bound by the conditions of the A work area clearance is completed prior to the certificate. commencement date of the proposed work. Secondly, the certificate serves to pro- Through the clearance process, traditional own- tect the Applicant against prosecution for ers gain a sound understanding of the request, entering, damaging or interfering with and hence the ability to make informed decisions sacred sites under the Northern Terri- about it. tory Aboriginal Sacred Sites Act and the They may advise the CLC that some areas are Aboriginal Land Rights (Northern Territory) not available for the proposed work because Act 1976 . It achieves this by providing the of sacred sites in the area or instruct the CLC applicant with documentary evidence that on protection measures and conditions to be the custodians and traditional Aboriginal imposed on the proponent so that work can pro- owners of the subject land have been ceed in a way that does not damage the sites or consulted and consent to the Applicant’s in any way affect their integrity. proposed works. cOmment On perfOrmance ingi, Willowra, Papunya, Kintore, Harts Bluff, aBOriGinaL ceremOniaL activities anD Mt Liebig, Epenara, Tennant Creek, Ali-Curing, funeraLs Mungkarta, Soapy Bore, Anterrengye, Alparra, Amplatwatja, Irreilee (# 5), Mulga Bore, Mt Allen, The CLC was successful in obtaining a grant of Laramba, Twerrep and Willowra. $500,000 from the ABA to continue the ceremo- ny and funeral support program which has been This year the CLC also processed 171 funeral operating for many years. assistance applications. The CLC has a clear process for the allocation inDiGenOus ecOLOGicaL of ceremony funds to each of the CLC’s nine re- knOWLeDGe (iek) gions. The following regions were assisted with The CLC was appointed by the NRM Board (NT) ceremony support, largely for men’s business in November 2007 to host a $1 million program which takes place annually over the summer to support intergenerational transfer of Indig- months: enous Ecological Knowledge (IEK) across the Ntaria, Santa Teresa, Amoonguna, Williams CLC region. Well, Imanpa, Lajamanu, Dagaragu, Kalkar- With an equivalent program hosted by NAILSMA 73 Central Land Council - Annual Report 07 - 08 central Land council annual report continued... in the north, the program forms a significant ing program for IEK project participants to record component of $2.7 million of Natural Heritage material for ongoing community access, C&NRM Trust (NHT) funding under the NT Regional activities and curriculum development; Investment Strategy to support the recording, Significant in-kind support was also provided to recovery, maintenance and application of IEK. a number of other projects focussed on intergen- After years of delay in gaining approval of erational IEK transfer and incorporation of IEK Commonwealth Ministers, the program faced a into ‘mainstream’ natural resource management. further hurdle in early 2008 when the original two For example, four senior Alyawarre men in the -year funding period was reduced to one year to Davenport Ranges region were recorded talking meet departmental deadlines for completion of about their country and practices by young Alya- all NHT (II) projects ahead of the incoming Car- warre men. A large number of people attended ing for Our Country arrangements. a showing of the footage from the project at Successful representations made by CLC in Ampilatawatja. March 2008, including a direct appeal to the BOnney WeLL tO BarrOW creek WaLk Minister for the Environment, Water, Heritage and the Arts, contributed to an extension until The 140 kilometre walk from Bonney Creek to December 2009 . Barrow Creek by traditional owners focussed on traditional knowledge and management of a The CLC appointed an IEK Support Officer in series of soakages along a traditional walking February 2008 to co-ordinate the program and a route. seven-member IEK Technical Assessment Panel (TAP) with the expertise and representation The project was funded by DEWHA, ILC and required to guide the roll-out of the program. ABA through the Healthy Country, Healthy People Schedule as a component of the CLC’s By the end of the year the program had re- Womens Land Management Development proj- solved decision-making protocols and assess- ect. Significant additional funding was provided ment criteria and established administrative and by the NT Department of Education and the financial procedures. CLC’s IEK project, The CLC widely communicated the opportunity Preparation for the walk was considerable and of IEK project funding, especially for country required country visits to establish the route, visits, to individuals and groups in the region. planning meetings with traditional owners of five Three IEK projects in the Wauchope, Lander traditional ‘estates’ traversed by the walk and a River and Lake MacKay areas were approved in multi-media training workshop with 35 partici- pants. this period and two of those are completed. Sixty five people from Tennant Creek, Mung- The CLC prepared another nine applications karta, Ali Curung, Tara and Stirling completed for consideration by the IEK TAP in July 2008 the 15 day walk. including school-based and CLC-supported proj- ects in the Alice Springs, Ti-Tree, Nyirripi, Wil- sOutHern tanami ipa feasiBiLity stuDy lowra, Sandover and Eastern Arrernte regions. There was an emphasis on incorporating IEK A number of dedicated IEK recording kits with into all aspects of the Southern Tanami Indig- video, sound, camera and GPS equipment have enous Protected Area (IPA) Feasibility project. been assembled for IEK activities. There were two trips to to document traditional CLC staff worked on developing a media train- land management practices and IEK relating to Central Land Council - Annual Report 07 - 08 74 central Land council annual report continued... fire, protection of soakages and other surface Anmatyerr traditional owners of the Ahakeye waters in areas being considered for inclusion in ALT; the proposed Southern Tanami IPA. traditional owners of the Northern Tanami This IEK material will inform the delineation of IPA to locate, maintain and monitor signifi- the proposed IPA area and the future Plan of cant sites, collect seed and cultural materials, Management. conduct environmental monitoring and related traditional burning activity; IEK funding applications were prepared in consultation with key traditional owners to re- two trips in association with the Lajamanu cord, implement and transfer IEK for proposed Community Education Centre and parents to management zones, including the Lake Surpise/ support intergenerational transfer of traditional Lander River area andthe Nyirripi rockholes. knowledge; The CLC engaged with a number of potential Eastern Arrernte traditional owners to sig- IEK project collaborators including the Yuendu- nificant sites in the Entire Creek area of Mount mu-based Warlpiri Rangers, PAW Media, and Riddock PL; the Jarra-Pijirrdi (Mt Theo) Youth Program as a country visit with traditional owners of the well as supporting the country visit programs of the Alyawarr ALT; the Yuendumu Community Education Centre and Willowra school. a women’s trip to Sangsters bore on the Central Desert ALT to support intergenerational Three IEK projects initiated by the Threatened transfer of tracking knowledge and country Species Unit of the NT Department of Natural stories; Resources, Environment and the Arts (NRETA) to gather indigenous ecological and cultural the Hermannsburg-based Tjuwanpa Ranger knowledge were supported. These involved group field trips with senior traditional owners two rare wattles in Central Australia and to record their third film in an ongoing series a two-way approach to the management of Cen- on hunting and preparing bush meat foods in tral Australian waterbodies focussing on rock- relation to native fish species found in water- holes and springs on the Santa Teresa ALT. holes and gorges in the region; the Tennant Creek-based Muru-waranyi Ank- traDitiOnaL LanD manaGement suppOrt kul Rangers to protect imporatant sites on the Through co-ordination, planning, research and Warumungu ALT from fire. logistical support, the CLC facilitated ‘on-country’ trips for a range of other traditional land man- uLuru - kata tjuta natiOnaL park (uktnp) agement purposes, maintenance of sacred sites cuLturaL HeritaGe suppOrt and related cultural obligations. In the context of protecting the cultural interests A number of trips were held with traditional own- of traditional owners in joint management of ers including assistance for: Uluru - Kata Tjuta National Park (UKTNP), the CLC undertook 58 work area clearances and/ Mutitjulu and Docker River communi- or consultations in relation to 26 park manage- ties to visit areas of the Katiti and Petermann ment requirements, park infrastructure, research ALTs to establish their cultural interests in applications, interpretive signage and related the proposed IPA and to undertake tradi- cultural heritage matters. tional burning practices and gather bushfoods. Protection of a waterhole from feral camels was These included the Uluru weather station, a also undertaken by the Kaltukatjara Rangers; climb closure on 22 July 2007, a fox baiting proj- 75 Central Land Council - Annual Report 07 - 08 central Land council annual report continued... ect, installation of new park bores, infrastructure Alice Springs and Central Remote Indigenous repairs and improvements to the Uluru basewalk Coordination Centres (ICC) and the Central and Valley of the Winds walk, UKTNP Cultural Land Council again assisted with the 2008 Centre redevelopment, a number of tree remov- Women’s Law and Culture Meeting. als, stage three of the new Uluru sunrise viewing This year the meeting was hosted by the women area, gravel pit rehabilitation, the ‘Sorry Rock’ from Willowra north-west of Alice Springs. repatriation project and sacred site desecration of the Kata Tjuta (The Olgas) dome. Around 200 women from across Central Austra- lia participated in this successful event which ran The CLC’s park-based Joint Management for five days and was attended and supported by Officer also continued to provide support for 13 of the CLC’s female staff members. traditional owner interests as a member of the UKTNP Cultural Heritage & Science Consultative A staff position was assigned to women’s issues Committee. to coordinate all aspects of the event, includ- ing funding submissions and acquittals, liaising WOmen’s LaW anD cuLture with host women, publicising the event, site meetinG preparation, organising food, water and other This annual event was funded by grants from the essential items and, where possible, transport. Central Land Council - Annual Report 07 - 08 76 OUTPUT 4.4 Community Development DescriptiOn Of Output cOmment On perfOrmance Aboriginal people continue to be an ex- The CLC has a strong background in community tremely disadvantaged group in terms of key consultation and working with landowners to social, economic and health indicators. achieve sustainable changes in their communi- ties. Specifically, the CLC is addressing the use Redressing the extreme disadvantage of of rent and royalties money for long-term com- many Central Australian Aboriginal communi- munity benefits with Uluru traditional landowners ties has proven to be very challenging. and Warlpiri communities. Many programs and projects to help improve Working with communities on community-driven the well being of Aboriginal people in Central priorities has contributed to achieving more Australia are failing and gaps in socio-eco- meaningful outcomes from their own sources of nomic indicators compared with mainstream funding. Australia are increasing. The WETT project supplements and extends, but The CLC community development approach does not replace, education and training ser- provides opportunities for Aboriginal people vices that are the responsibility of governments. in Central Australia to be meaningfully in- Over time, Warlpiri community members expect volved in determining their lives and futures. that using their own money will encourage gov- ernments to match funding. Sound decision-making and governance pro- cesses are critical in achieving meaningful com- munity development outcomes. cOmmunity DeveLOpment usinG In order to take advantage of opportunities, rent anD rOyaLties mOney Aboriginal people need to be involved in making The CLC progressed two large community devel- decisions. The CLC seeks to inform and promote opment programs, the Uluru Rent Money Project understanding in communities to turn aspirations and the Warlpiri Education and Training Trust into meaningful long-term benefits for traditional (WETT) as well as developing two other proj- landowners, their families and communities. ects, the Moly Hill Mine Project and the Tanami Dialysis Support Service Feasibility Study. perfOrmance The CLC also initiated the Granites Mine cOmmunity DeveLOpment Affected Area Aboriginal Corporation (GMAAAC) prOjects community development project which supports community committees using affected areas Number of communities working on monies from mining for community benefit proj- 28 community development with CLC ects. Other community development projects and ac- Number of Uluru Rent money projects tivities included ongoing support for the Yuendu- 4 completed mu pool, now under construction, development of a proposal for a NT Parks Joint Management Number of Warlpiri students who CD Project; working towards a community de- received assistance from WETT for 64 velopment framework for the CLC; and ongoing their secondary studies meetings with CLC’s external reference group. The Community Development Unit employed Central Land Council - Annual Report 07 - 08 77 Central Land Council - Annual Report 07 - 08 central Land council annual report continued... three staff: two project officers and one co-coor- laundry at Ukaka; dinator. On 29 May, the CLC and Kurra Aborigi- equipment purchases, renovations and mar- nal Corporation signed an agreement for Kurra keting support activities at the Ernabella Aborigi- to fund 1.5 project officer positions specifically nal Art Centre; to undertake WETT project work. An overview of major projects is provided below. Mutitjulu grader project. uLuru rent mOney Several projects are also close to completion, including a multi-purpose shed housing an arts Traditional landowners of Uluru Kata Tjuta Na- workshop, church, band room and mechanical tional Park contribute half of their portion of the workshop at Kwale Kwale and a generator, arts rent money received from park visitors to com- workshop renovations and fencing at Youngs munity development projects. The CLC works Well. to support traditional Uluru landowners to make decisions on the community projects. The CLC provided planning for a healthy food cooperative at Yunyarinyi (Kenmore Park) com- CLC supported the completion of the follow- munity, including a business plan. In Imanpa, the ing initiatives using traditional owners’ rent CLC negotiated the transfer of store ownership receipts from Uluru-Kata Tjuta National Park to a new community-based store association and under the CLC’s Uluru Rent Money Community negotiated a store management agreement with Development Project: Outback Stores. A new store is intended to be sports hall at Areyonga; built utilising rent money, Commonwealth and NT Government funds. power supply upgrades and new community Below: The renovated art and craft centre at Areyonga Central Land Council - Annual Report 07 - 08 78 central Land council annual report continued... The CLC also supported the start of a regional tHe Wett prOject initiative with rent money in the roll-out of Ara WETT uses royalties from Newmont’s min- Irititja, an Anangu social history data base to four ing operations in the Tanami region to improve NT communities. education and training outcomes for Warlpiri The project money was spent on software, hard- people. This fund is administered by the CLC. ware, technical support, for training and local The project implements programs in communi- employment for the communities. ties that enable them to achieve better education The CLC and a working group of committed and training opportunities for their people. members of Mutitjulu progressed three priority This financial year the main activities and initiatives identified by the community from its outcomes in this Project, using negotiated mine annual receipt of Uluru rent money, including: royalties quarantined in the Trust for education rubbish collection, grader repairs and emer- and training, included: gency water points. The CLC also supported the implementation of four long-term education Mutitjulu community with two larger projects: and training programs prioritised by Warlpiri Swimming pool - A CLC consultant’s report communities; completed planning advice on a swimming pool a three-year partnership agreement be- initiative and the Mutitjulu working group has tween the CLC and World Vision Australia (WVA) agreed on a preferred pool location and design. to jointly design and implement a Warlpiri Early Recreation hall - Discussion held with the Childhood Program with WETT monies. Two Mutitjulu Foundation charity about project man- program staff have been recruited by WVA, one aging a concept plan of the recreation hall and of them funded by FaHCSIA for two years; undertaking the work. a Warlpiri Youth and Media Program with The CLC was involved in a high level stake- four Warlpiri communities developed by Mt Theo holder meetings on the planning, governance Yuendumu Substance Misuse Aboriginal Cor- and other issues impeding the development of a poration (MYSMAC) in partnership with Warlpiri swimming pool and an improved recreation hall. Media. It undertook diversionary activities such The CLC agreed to participate in a reference as literacy/computer literacy and pre-vocational group to progress and monitor the implementa- media training with youth at risk. Youth media tion of agreements reached at the meeting. workers have been employed, equipment pur- chased and program activities have begun; Traditional owner group meetings were held to provide feedback on the progress of initiatives The Warlpiri Learning Community Program is funded in the project’s first two rounds, explore designed to provide communities with Learning traditional owner views on the effectiveness of Centres that will provide people with access to the project, further develop the project’s guiding the internet, library services, a Warlpiri cultural principles, identify regional issues that could be history database and opportunities for training addressed and review key project governance and post-compulsory education. arrangements such as the process of traditional A Learning Community Centre staffed by local owner selection of communities. people has been fitted out in Lajamanu. These are essential to planning and ongoing In Willowra, a concept plan for a dedicated build- implementation of the Uluru Rent money project. ing has been completed with the community. The CLC is working with a community-based 79 Central Land Council - Annual Report 07 - 08 central Land council annual report continued... working group and other stakeholders on a CLC- Moly Hill funded business plan for the Willowra Learning In response to the determination of the native Centre. title holders of the Moly Hill mine site to spend 64 Warlpiri secondary students were as- their royalties from a proposed mine on projects sisted to study in their communities or to attend that develop and maintain their outstations, the boarding schools under the Warlpiri Secondary CLC negotiated with the Centre for Appropriate Student Support Program. The program funded Technology (CAT) to design a sustainable out- achievement vouchers, school excursions, fam- station development and support project. Com- ily visits to boarding schools or home visits for munity consultations and site visits have begun boarders. as part of the project planning. The CLC continud to support Warlpiri-patu- LanD manaGement anD kurlangu Jaru. The members are central in the cOmmunity DeveLOpment WETT community consultations, WETT Advisory Much of the CLC’s land management work Committee meetings and in presentations for involves working with Aboriginal people on the funding to Kurra. ground to improve their daily lives. Issues as Tanami Dialysis Support Service Feasibility diverse as water supplies for communities, em- Study ployment as rangers, siting of bores and outsta- tions, governance issues for Aboriginal pasto- Kurra Aboriginal Corporation allocated a quarter ral properties, IPAs and joint management of of a million dollars to set up a dialysis unit for national parks are all carried out as functions of renal patients in Yuendumu, following a report land management in the CLC. Details of much of about the feasibility of this service for remote this work can be found in the preceding outputs. Tanami communities commissioned by the CLC. The allocation provides for the part-time The CLC continued to provide assistance to resi- manager and patient support worker, and initial dents of affected communities and outstations to infrastructure and operational budget. plan and negotiate capital infrastructure works projects eligible for funding from the Railway The unit will have two treatment chairs and allow Community Development Fund. The Fund was renal patients from Yuendumu, Willowra, Yue- established to ameliorate impacts of the Alice lamu and Nyirrpi living in Alice Springs to visit Springs to Darwin Railway development on ap- home more often and stay longer. proximately 30 existing and developing commu- Gmaaac, yuenDumu pOOL anD nities in the rail corridor vicinity. OtHer prOjects wATER The construction of the Yuendumu pool is well Potable water is a major issue for many com- underway with the help of the CLC’s participa- munities in Central Australia and the CLC has tion on the Yuendumu Pool Steering Committee represented traditional owners in meetings and funds from the Granites Mine Affected Area with the NT Government regarding legislative Aboriginal Corporation (GMAAAC). changes and proposals for the issuing of water licences to Aboriginal communities within Water The CLC carried out a round of community Control Districts. consultations in or near the eight GMAAAC communities as the start of a new CLC The CLC also liaised with government, resource community development project to realize more centres, community councils, the Centre for sustainable community benefit from GMAAAC Appropriate Technology and other organisations monies. in an attempt to resolve a number of community Central Land Council - Annual Report 07 - 08 80 central Land council annual report continued... water supply and related bore maintenance is- At Canteen Creek, 30 donkeys posing an envi- sues including: ronmental health and safety risk were culled. Waju community living area on Mount Cave- Residents of Mulga Bore and Laramba also re- nagh station for improvements to their water quested help to exclude stock from a neighbour- supply; ing pastoral lease. Mulga Bore community in the Sandover re- At Willowra the CLC supported the Wirliyajarrayi gion to resolve the water supply issue impacting Cattle Corporation to construct a donkey exclu- on community health; sion fence around the Willowra community. research and advice on bore quality and quantity data for traditional owners of the Thakaperte ALT; Foxall’s Well outstation (Mt. Riddock locality) regarding unresolved water and power infrastructure needs. OUTSTATIONS Negotiating Community Living Areas and out- stations for people is another function of land mangement. More details can be found in Output 1.2. on Community Living Areas. This year the CLC consulted Lake Nash-based traditional owners of the Irrmarne ALT about housing requirements for a proposed outstation development on the adjoining Aboriginal-owned Ooratippra station. It also continued to liaise with the Anmatjere Community Government Council and station manager regarding support for housing and wa- ter supply works required for a new outstation on the western side of the Aboriginal-owned Alcoota station in the Plenty River region. Consultations and site visits were conducted with traditional owners of the Mpweringe-Ar- napipe ALT (Blacktank and Sandy Bore portion) to assess suitable locations for a new outstation development on the Land Trust. FERAL ANImALS The CLC responded to several requests for assistance to exclude or remove stock and feral animals impacting on the community environ- ment and community health. 81 Central Land Council - Annual Report 07 - 08 Central Land Council Annual Report Output Group 5 Administration and support services Central Land Council Annual Report Output Group 5 Administration and support services The CLC has a statutory responsibility to ascertain and express the wishes and opin- ions of Aboriginal people its region, to protect the interests of Aboriginal people and help to protect sacred sites. OUTCOmE OUTPUT GROUP 5 Enhanced social, polit- Administration and Support Services ical and economic par- ticipation and equity for Aboriginal people in the Land Council’s OUTPUTS area as a result of the promotion, protection 5.1 Distributions and advancement of 5.2 Administer Land Trusts their land rights, other rights and interests 5.3 Dispute Resolution Below: the CLC region covers 750,000 square kilometres of remote and often inaccessible country 83 Central Land Council - Annual Report 07 - 08 Output 5.1 Distributions DescriptiOn Of Output Strait Islander) Act 2006 rules. The CLC maintains a Land Use Trust Account Drafts of the new rules will be presented at to receive monies on behalf of associations the next Annual General Meetings of the of Aboriginal people and individuals in accor- associations. dance with section 35 of the Aboriginal Land Rights (Northern Territory) Act 1976. Associations are required to conduct meet- These associations are all incorporated under ings and make resolutions for their Aboriginal the Corporations (Aboriginal and Torres Strait traditional owner membership list to be created Islander) Act 2006 (CATSI Act) or varied. The associations provide the CLC with meet- ing resolutions which nominate the recipients of perfOrmance 2007-2008 royalty income distribution. Corporations (Aboriginal and Torres Strait The CLC has a statutory obligation to provide Islander) Act 2006 (CATSI Act) administration and monitor compliance with compliance statutory regulatory requirements and the rules Annual General Meetings and committee 78 of the corporation. meetings held and income distribution It also provides governance services, traditional instructions taken ownership identification as required and admin- Associations independently audited prior 63 istration of meetings as required by the rules of to Annual General Meetings the corporations established under the CATSI All Chairperson and Committee reports Act. forwarded to the Registrar The CLC has a staff of seven people to provide Association Annual General Meet- 63 these functions. ings held between 1st July and 31st December It also administers the Ceremonial Purposes Associations closed 8 Fund on behalf of the Aboriginal Benefits Ac- Membership lists of all associations count. The grant assists Aboriginal people with updated and forwarded to the Registrar conducting ceremonies and funerals. perfOrmance Tax and BAS returns for 63 Associations, Association membership can range from family- two companies and a Trust were completed based groups to large associations within the and lodged within Australian Taxation Office CLC area and the CLC again undertook ex- requirements. tensive research as to traditional ownership The CLC also processed 171 funeral applica- identification relative to distribution of monies. tions. It is a core requirement that monies are distrib- cOmment On perfOrmance uted in an accurate and equitable way. The CLC’s work in maintaining and This year the CLC arranged ASIC compliance for distributing statutory and negotiated payments three incorporated companies and progressed has increased as more mining and land use the process of bringing all associations into line agreemnets are forged under both the Aboriginal with new Corporations (Aboriginal and Torres Land Rights Act and the Native Title Act. Central Land Council - Annual Report 07 - 08 84 Central Land Council - Annual Report 07 - 08 central Land council report continued... The CLC Executive decides on the distribution bers maximise the economic benefit from royalty of ceremonial and funeral funds. There is a ceil- payments. ing of $1200 to assist with the cost of funerals. The CLC operates a separate trust account for Ceremonial funds are distributed on a regional the receipt and distribution of section 35(2) pay- basis. ments. At no point are those funds receipted abOriGinaL assOciatiOn into the operational accounts of the CLC. manaGement centre (aamc) The use of the AAMC to disburse funds to The CLC established the Aboriginal Association Aboriginal people on behalf of Incorporated Management Centre (AAMC) to provide adminis- Aboriginal Associations provides a high level of tration, accounting, consultation and secretarial governance in accordance with the directions of services to incorporated Aboriginal Associations each Aboriginal Association. who receive income from the CLC under sec- tion 35 of the ALRA (i.e. royalty payments from The AAMC has well-established processes for mining leases and other land use agreements). disbursing funds to Aboriginal people and has a Each of these Aboriginal Associations is incorpo- number of controls in place to mitigate risks as- rated under the CATSI Act. sociated with the process. Support is provided to Aboriginal Associations The Office of Evaluation and Audit EA perfor- on a negotiated percentage (usually 5%) of mance audit nominated “The creation of the receipts. The key activities undertaken by the Aboriginal Associations Management Centre AAMC include assisting Aboriginal Associations (AAMC) and its role in supporting Aboriginal As- to achieve legislative compliance; managing sociations on a fee for service basis” as a better core administrative activities (e.g. completion practice. of ATO and BAS returns); facilitating meetings to determine distribution payments; managing the income distribution process; facilitating the external audit of Aboriginal Associations; and identifying traditional owners eligible for distribu- tion payments (using the services of the Anthro- pology section). The AAMC structure and processes provides a model of better practice for the CLC to assist Aboriginal Associations with the administration of royalty payments. The AAMC is administra- tively and physically separated from other CLC activities (the offices are separately located from the CLC). At the same time the structure provides a level of assurance that the Aboriginal Associations are operated in accordance with legislative requirements, control processes are applied to distributions, and Aboriginal Association mem- Central Land Council - Annual Report 07 - 08 85 Central Land Council - Annual Report 07 - 08 Output 5.2 Administer Land Trusts DescriptiOn Of Output in trust and common seals; executive meetinGs Aboriginal land is formally held by Land l maintains a register of common seals and Trusts - Aboriginal people who hold the title trustees; for the benefit of all the traditional owners and people with traditional interests in the l ensures membership is up to date and land. complies with the Aboriginal Land Rights Act; These are statutory corporations and usually l registers agreements; and consist of a chairperson and not less than three l conducts consultations. members who hold office for periods not exceed- perfOrmance ing three years. Land Trust members are usually There are more than 70 Land Trusts in the CLC’s traditional Aboriginal landowners of the land held region. in trust. Thirteen new Aboriginal Land Trusts were cre- The functions of a Land Trust are to hold title to ated in 2005 to hold title for land to be handed land, exercise powers to acquire, hold and dis- back under an agreement with the Northern pose of real and personal property for the benefit Territory Government, which will return some of the traditional landowners and where land is land that has been under claim since 1997 to the granted in a deed of grant held in escrow, to ac- traditional owners in return for 99 year leases for quire the estates and interests of other persons national parks. with a view of gaining the delivery of the title to the Land Trust. Unfortunately, due to a large number of the members of these land trusts passing away this A Land Trust can only deal with the land in financial year, consultations had to be under- ways that the Land Council directs it to but Land taken to reconstitute the memberships. Councils can only direct Land Trusts to deal in land in ways that the traditional owners have Otherwise, the administrative load of maintaining determined. an up-to-date register of trustees has been sig- nificantly reduced by amendments to the Aborigi- To assist the Land Trusts the CLC : nal Land Rights Act last year which extends the l provides secure storage for Deeds of Grant term of trustees from three years to five years. Below: Traditional owners in the Northern Tanami Central Land Council - Annual Report 07 - 08 86 central Land council report continued... cattLe DuffinG A growing concern to the Central Land Council in the past 12 months has been the increasing level of unauthorised grazing, illegal mustering or cattle duffing and other unauthorised activity on Aboriginal land. The CLC took action on seven major incidents involving Aboriginal land during the financial year. They included cases of unauthorised grazing, unauthorised road construction, illegal trapping of cattle and the illegal muster and sale of cattle. CLC staff conducted traditional owner consultations and negotiations after reports of unauthor- ised grazing on the Ahakeye Aboriginal Land Trust, which was formerly Ti Tree Station. Similar action was taken on the Anatye Aboriginal land trust (formerly Tarlton Downs Stock Reserve). An assessment of cattle numbers, land condition and environmental health had to be undertak- en on the Angarapa Land Trust (formerly Utopia Pastoral Lease) to gauge the impact of unau- thorised grazing on its southern portion. Illegal trap gates were removed from an area off the Aboriginal-owned Loves Creek Pastoral Lease and an investigation was launched into the alleged unauthorised removal of cattle from the Pawu Land Trust (formerly Mount Barkley pastoral lease). A formal complaint was lodged with the Australian Crime Commission and Northern Territory Police in February this year after a case of suspected illegal mustering and sale of cattle from the Yalpirakinu land trust (formerly Mount Allen pastoral lease). Assistance is being provided to an ongoing police investigation into the case and the CLC has obtained the cancellation of several obsolete brands registered on the Yalpirakinu Land Trust. In another case, the CLC has investigated a complaint involving the unauthorised construction of 14 kilometres of road across the Central Desert Aboriginal Land Trust. The work has dis- turbed sacred sites and caused environmental damage. The illegal activity has the affect of diverting CLC resources away from proactive functions but more importantly upsets traditional owners when sacred sites are damaged or their earning potential is reduced. It also highlights the need for vigilance by residents and police in isolated regions and the need for the NT Government to re-instate a ‘stock squad’ within the ranks of the NT Police. Central Land Council - Annual Report 07 - 08 87 Central Land Council - Annual Report 07 - 08 central Land council report continued... AbORiGinAL LAnD TRusTs in The CLC ReGiOn Ahakeye ALT Ltalaltuma ALT Aherrenge ALT Mala ALT Akanta ALT Malngin 2 ALT Akekarrwenteme Urey- Malngin ALT enge ALT Mangkururrpa ALT Alatjuta ALT Melknge ALT Alyawarra ALT Mount Frederick ALT Amoonguna ALT Mpwelarre ALT Anatye ALT Mpweringe-Arnapipe (2) Angarapa ALT ALT Ankweleyelengkwe ALT Mpweringe-Arnapipe Anurrete ALT ALT Apatula ALT Mt Frederick (No.2) ALT Arnapipe ALT Mungkarta 2 ALT Athenge Lhere ALT Mungkarta ALT Atnetye ALT Ngalurrtju ALT Central Desert ALT Ntaria ALT Daguragu ALT Pantyinteme ALT Haasts Bluff ALT Pawu ALT Hooker Creek ALT Petermann ALT Thakeperte ALT Warumungu ALT Iliyarne ALT Pmer Ulperre In- Thangkenharenge ALT Watarrka ALT gwemirne Arletherre Ilparle ALT Uluru-Katatjuta ALT Wirliyajarrayi ALT ALT Inarnme ALT Uretyingke ALT Yalpirakinu ALT Pmere Nyente ALT Iwupataka ALT Urrampinyi Iltjiltjarri Yewerre ALT Purta ALT ALT Kanttaji ALT Yingualyalya ALT Pwanye ALT Uruna ALT Karlantijpa North ALT Yiningarra ALT Rodna ALT Wakaya ALT Karlantijpa South ALT Yuendumu ALT Roulpmaulpma ALT Wampana - Karlantijpa Katiti ALT Yunkanjini ALT Rrurtenge ALT ALT Lake Mackay ALT Santa Teresa ALT Warrabri ALT Central Land Council - Annual Report 07 - 08 88 Output 5.3 Dispute Resolution in relation to land DescriptiOn Of Output Each Land Council has a statutory duty to conciliate disputes. Fortunately, in the CLC area the number of disputes is modest. In some cases it is recognised that conciliation is, or will ultimately be, ineffective to resolve a dispute. In such a situation the CLC adopts strategies to manage the dispute over time, and minimise disturbance among groups associated with the area in dispute perfOrmance Efforts to address the dispute in a Tennant Creek area in the current year included commissioning an expert independent report as to competing claims. The CLC will be guided by the recommendations of that report. As in some other disputes of this nature, dis- agreement is exacerbated if a particular indi- vidual remains intransigent in the face of a group consensus. Another more public dispute between Aboriginal families is not fundamentally about land owner- ship and other agencies are mediating in the media Central Land Council - Annual Report 07 - 08 89 Central Land Council - Annual Report 07 - 08 Central Land Council Annual Report Native Title Output Group 6 Native Title Report continued... Central Land Council Annual Report Output Group 6 Native title The Central Land Council is a Native Title Representative Body for Central Australia under the Native Title Act 1993 OUTCOmE OUTPUT GROUP 6 Enhanced social, polit- ical and economic par- Native Title ticipation and equity for Aboriginal people in the Land Council’s area as a result of the promotion, protection and advancement of their land rights, other rights and interests Below: Former Northern territory MLA elliot McAdam, fiormer Chief Minister Clare Martin, CLC Chairman Lindsay Bookie and CLC Executive member Maxie Ray sign an ILUA at Tennant Creek Central Land Council - Annual Report 07 - 08 91 Central Land Council - Annual Report 07 - 08 Output 6.1 Native Title DESCRIPTION OF OUTPUT NATIvE TITlE 2007-2008 Native title is the name used by the Austra- new Native Title Application (Aileron) 1 lian High Court to describe the rights and objection (withdrawn following agree- 1 interests Aboriginal people have over their ment) lands dating from long before European Future Act Non-Mining Agreements 3 settlement of Australia. (ILUAs) These rights and interests are called ‘com- Future Act Mining Agreements 4 mon law’ Indigenous property rights and Native title settlement ILUA 1 were recognised by the High Court in the Mining and exploration Agreements 9 mabo judgment (3 June 1992) and made into Active native title applications 22 legislation in 1993. Until then, the legal system in Australia had FUTURE ACT MINING/ExPlORA- wrongly assumed that the land of Australia had TION RElATED MEETINGS AND belonged to no one, or was terra nullius, when the British arrived in 1788. CONSUlTATIONS 2007-2008 Site surveys, work area clearances and 29 The Mabo judgment found that native title to land consultations existed in 1788 and may continue to exist. The Instructions meetings 24 High Court’s Wik judgment (December 1996) de- ILUA negotiation related 23 termined that native title could coexist with other s29 consultations 13 rights on land held under a pastoral lease. Native title holder identification field 4 Native title recognises that Indigenous people trips have traditional rights to speak for country, but Miscellaneous field trips 4 native title does not give Indigenous people own- ership of the land like the Land Rights Act does. NATIvE TITlE RESOlUTIONS PASSED The Central Land Council is the recognised by ThE ClC ExECUTIvE 2007-2008 Native Title Representative Body (NTRB) for Mining agreements 1 Central Australia under the auspices of the Na- Exploration agreements 9 tive Title Act . Deeds of Assumption 9 In that capacity the CLC helps native title hold- Distribution of compensation monies 6 ers make applications, negotiate agreements about future developments and resolve disputes AGREEMENT MAkING between groups. The CLC has adopted a clear strategy to secure beneficial outcomes for native title holders PERFORMANCE through negotiated agreements, including ILUAs NATIvE TITlE ClAIM MEETINGS AND and other agreements. CONSUlTATIONS NATIvE TITlE DETERMINATIONS National parks 28 Tennant Creek Claim research/affadavit 13 In November 2006 the CLC completed negotia- tions with the Northern Territory Government regarding native title applications over Tennant Central Land Council - Annual Report 07 - 08 92 Central land Council Annual Report continued... Creek (previously four applications, three con- COMPENSATION APPlICATIONS solidated into one application). When deemed appropriate and instructed by The terms of an ILUA were agreed to and the native title holders, the CLC seeks to secure orders required for a consent determination compensation for acts that have resulted in the of native title over areas within Tennant Creek extinguishment or impairment of their native title settled by the parties. rights and interests. On September 3, 2007, Tennant Creek became No new native title compensation applications the first town in Australia to have a native title were lodged with the National Native Title Tribu- determination by consent. Justice Mansfield of nal (NNTT) for determination during the report- the Federal Court handed down his determina- ing period. tion at a special sitting of the court in Tennant yUlARA Creek and an Indigenous Land Use Agreement (ILUA) was signed immediately afterward. Judgement in the Yulara Compensation Applica- tion (Johnny Jango v. Northern Territory (2006) The ILUA, which will benefit about 200 Waru- FCA 318) was delivered on 31 March 2006. In mungu native title holders, acknowledges his reasons for judgement, the trial judge found extinguishment over some areas and provides against the claimants. compensation for that extinguishment includ- ing seed funding for the establishment of an The judgement was appealed to the full Federal educational trust. Court and heard on November 6, 2006. On July 6, 2007 the Federal Court dismissed the applica- Native title issues have now been comprehen- tion to appeal. sively settled for the entire town. Below: Justice Mansfield congratulates native title holder Mrs Fitz on the consent determination in Tennant Creek Central Land Council - Annual Report 07 - 08 93 Central Land Council - Annual Report 07 - 08 Central land Council Annual Report continued... ClAIMANT APPlICATIONS tion of native title over these areas desirable to ensure their protection. The CLC pursues native title determinations that will achieve recognition and protection of native The CLC has good anthropological and linguistic title rights and deliver outcomes that are impor- material to support native title applications over tant to native title holders. these areas and anticipates determinations by consent. The CLC has a total of 22 active native title claimant applications registered with the NNTT. AIlERON In the reporting period, CLC staff undertook a A new application was filed and registered in the total of 41 meetings and consultations relat- reporting period relating to a portion of Aileron ing to NTAs and has made significant progress PPL and to deal with future mining acts. The in anthropological research and preparation of area in the vicinity of Nolan’s Bore, has been consent determination reports. subject to intensive exploration and mining The CLC is continuing discussions with the NT interest. Government with respect to land within the town A mineral lease has been applied for and mining boundaries of Ti Tree and the CLC and NT Gov- operations are expected to commence within the ernment are pursuing the process of determina- next 18 months. tions by consent in the following applications and hopes to have these settled in 2008-2009. Seven meetings were held with native title hold- ers during the reporting period to take instruc- OORATIPPRA PPl, NEwhAvEN, kAlkARINGI, tions and affidavits for the native title application. SINGlETON, PINE hIll Another two consultation meetings were held in This process has been assisted by the determi- relation to mining proposals. nation of the Newcastle Waters test case [King v Northern Territory of Australia (2006) FCA944] PATTA, kARlU kARlU, DUlCIE RANGES, wEST where final orders were handed down on Sep- MACDONNEll RANGES NATIONAl PARk tember 26, 2007. These four applications will be withdrawn as part This case settled many of the outstanding issues of a negotiated settlement with the NT Govern- regarding native title claims over pastoral leases ment, which includes the granting of freehold in the Northern Territory. title under the Aboriginal Land Rights (NT) Act, and leasing of the area to the NT Government One new native title application was filed with for park joint management once provisions have the NNTT in the reporting period. The new ap- been agreed to. plication covers an area of land on Aileron PPL and is in response to a mineral lease application Extensive consultations in relation to joint and mining operations are expected to com- management of the parks continued during the mence within the next 18 months. reporting period. In the reporting period, a decision was also The CLC is still waiting for the Australian and NT made to file whole-of-lease claims over Mt Do- Governments to finalise the granting of title aris- reen and Napperby PPLs respectively, as both ing from the parks settlement. PPLs have increasingly become subject to inten- PINE hIll PPl sive exploration and mining interest, with every likelihood that mining will proceed. The PPLs Consent determination are known to have many sacred sites and areas Minor re-drafting of the consent determination of great cultural significance, making recogni- report was undertaken in the reporting period Central Land Council - Annual Report 07 - 08 94 Central land Council Annual Report continued... and submitted to the NT Government along with tion to this area and compensation for the use of statements from claimants. Negotiations are the land by owners of mineral claims. ongoing and a consent determination by the Extensive anthropological field research has Federal Court is anticipated in the latter part of been undertaken for a determination and the 2008. consultant’s report is being finalised. Compensation lAkE NASh A Community Living Area application was prepared and provided to the Department of In- The application was lodged in response to frastructure, Planning and Environment and the mining future acts. A report from a consultant Northern Territory Land Corporation in April 2007 historian has been peer reviewed and finalised. and a response is yet to be received, as is the The second round of anthropological research grant of a Crown Lease over NTP 6109 (horticul- was undertaken in August 2007 and further tural development). research is scheduled for September 2008 after AlyAwARR (SANDOvER ) INCORPORATING which the consultant’s report will be finalised. DERRy DOwNS, MURRAy DOwNS, ElkEDRA OORATIPPRA PPl AND AMMAROO PPlS The application was lodged in response to A native title application was lodged in response mining future acts, but the CLC has now been to mining and horticultural future acts. Three instructed to pursue a determination of native claim research field trips were undertaken in title. the reporting period. Further field research will continue in 2008-09. The anthropology report is being reviewed and statements from members of the claimant group kAlkARINGI were taken during the reporting period. It’s anticipated that this application will be settled Legal research was also undertaken regarding through negotiation with the NT Government. s. 47A (exclusive possession). The application A revised consent determination report is being is to be amended on the instructions of native internally reviewed and affidavits will be forward- title holders. ed to the NT Government in 2008. SINGlETON PPl Three meetings were held in Kalkaringi dur- This application was lodged in response to ing the reporting period to take instructions on future acts both in respect of the future use of an ILUA concerning the grant of three freehold the pastoral property and the acquisition of land blocks as compensation for the loss of native from the pastoral property to expand a tourist title and the agreement is currently waiting for venture. registration by the NNTT The application has been substantially amended kURUNDI PPl and served upon the NT Government in the The application was lodged in response to reporting period. mining future acts. Negotiations were held in The CLC is waiting for a response. 2003-04 with the ILC to acquire the property on behalf of native title holders. NEwhAvEN PPl An ILUA was registered in 2005-06 with respect A consent determination was revised by a to an area of land known as the Kurinelli Mineral consultant in the reporting period and is being Field and deals with the issues of cultural protec- reviewed internally. Amendments to the native 95 Central Land Council - Annual Report 07 - 08 Central land Council Annual Report continued... title application will be required and instructions This is a Right To Negotiate application arising sought in 2008-09. from Future Act (non-mining). Once the report is reviewed and finalised, it will An application was filed with the NNTT on No- be submitted to the NT Government for assess- vember 8, 2005 and registered on April 13, 2006. ment. Further action on this application is dependent on site selection by the Commonwealth for the A determination of native title rights will require proposed nuclear waste dump under the Com- the current lessee, Australian Wildlife Conser- monwealth Radioactive Waste Management vancy, a party to the native title application, to Act 2005. No advice had been received in the formalise the land management arrangements. reporting period. The trigger for this work will be the acceptance MT EvERARD by the NT Government of the consent determina- tion report. This is a Right To Negotiate application arising from Future Act (non-mining). GlEN hElEN An application was filed with the NNTT on No- Two applications were filed and registered to vember 8, 2005 and registered with the Tribunal administer future act rights regarding exploration on April 20, 2006. licence applications. Further action on this application is dependent Objections to the use of the expedited proce- on site selection by the Commonwealth for the dures’ have been filed with the National Native proposed nuclear waste dump under the Com- Title Tribunal. monwealth Radioactive Waste Management Act Both future acts were settled and both applica- 2005. No advice had been received in the report- tions are to be withdrawn and one application ing period. over the whole of the property is to be consid- bOND SPRINGS ered. Anthropological field research has been completed and a report by a consultant was This application arising from Future Act (mining) peer reviewed and finalised in the reporting was filed with the NNTT 28 April 2006. An objec- period. Work on the drafting of the application is tion was filed with the NNTT and meetings held continuing. with claimants and the proponent in 2007-08. AlCOOTA (1) An agreement was made in October 2007. Further anthropological research is required. A Consultations with native title holders are land claim hearing under the provisions of the ongoing and it’s anticipated instructions will be Aboriginal Land Rights Act was completed in obtained to withdraw the native title application. 2004. MOly hIll (JINkA ) The Aboriginal Land Commissioner’s Report An application was registered with the NNTT in was delivered in May 2007 and recommended August 2004 for the specific purpose of dealing the entire Alcoota PL be granted to an Aboriginal with a number of future acts. Land Trust. A site survey was undertaken, three meetings The CLC is still awaiting the Minister’s decision were held with native title holders during the to grant land under the Land Rights Act before reporting period and a mining agreement was withdrawing the native title application. made in October 2007. AlCOOTA (2) Central Land Council - Annual Report 07 - 08 96 Central land Council Annual Report continued... Instructions will be sought to withdraw the NTA the reporting period. after construction and commencement of the NORThERN TERRITORy NATIONAl project in accordance with the Mining Agree- ment. PARkS AND RESERvES The CLC is still waiting for grants of land by MOUNT DOREEN the Commonwealth for Dulcie Ranges, West A native title application was filed and registered MacDonnell Ranges and Karlu Karlu (Devil’s for a portion of Mount Doreen PPL to deal with Marbles). mining Future Acts – three exploration licence Application of the terms and conditions regard- applications where the target mineral is uranium. ing the development of plans of management On registration, an objection was filed in the have continued in the reporting period. NNTT. In 2005-06 an application was made to In particular, the CLC and the NT Government, the NT Minister for mines to declare reservations through the Territory Parks and Wildlife Service, from occupancy under s178 of the Mining Act to have commenced negotiations with native title protect certain parts of the Mount Doreen area holders over the plans of management for Rain- from further mining/exploration activity. bow Valley, the Western MacDonnell Ranges, A total of seven meetings were held with na- Karlu Karlu (Devil’s Marbles), the Dulcie Ranges tive title holders during the reporting period. In and the Alice Springs Telegraph Station. response to concerns from native title holders, a CLC Land Management staff undertook 28 con- native title application over the whole of Mount sultation meetings and site visits with native title Doreen PPL will be pursued. Anthropological holders on matters relating to joint management, research on this commenced in the reporting operational planning and tourism development. period. FUTURE ACTS NAPPERby MINING/ExPlORATION FUTURE ACTS An application was filed in response to a future act. On registration, an objection was filed with The CLC seeks to notify and provide informa- the NNTT. tion to native title claimants and holders of future acts that may impact on their native title rights The parties conferred via a number of phone and interests. conferences and an agreement was reached on November 24, 2005, whereby the NT Govern- Administration of “future acts” as defined by the ment could grant the exploration licences. How- Native Title Act is ongoing and a high priority for ever, the native title holders instructed the CLC the CLC. that as they were not able to prevent the grant, The CLC regional office network is an important they did not want to participate in any further conduit through which native title claimants and activities regarding the exploration. holders are informed of future acts that may Ten meetings were held with native title holders impact on their native title rights and interests. during the reporting period, most of which were The Northern Territory media is monitored on to deal with future acts. a daily basis and the CLC maintains a records Following concerns from native title holders, a database of all applications, relevant timelines decision has been taken to proceed with a native and associated tasks. title application over the whole of Napperby PPL. The CLC responds to all applicants outlining the Anthropological research on this commenced in native title process and recommending agree- 97 Central Land Council - Annual Report 07 - 08 Central land Council Annual Report continued... ments as a preferred option. executed by the CLC in the reporting period. One objection was lodged which has since been In some instances, meetings of the affected na- resolved by agreement and withdrawn. tive title holders were organised, while in others, existing instructions adequately dealt with the MINING AGREEMENT - MOlyhIll application. The Molyhill Mining Agreement was signed un- In all instances, contact with the applicant was der the provisions of the Native Title Act 1993 by required at some stage of the process. the CLC in October 2007. One difficulty in the process is determining The company is proposing to operate an open whether the application is a genuine explora- cut mine and processing facility on Jinka Station tion proposal or the development of saleable at the site of the old Molyhill Mine approximately property. 250kms north-west of Alice Springs. The CLC responded to 150 notifications under The mine is to produce tungsten ore and molyb- s.29 of the Native Title Act in the reporting period denite concentrate for sale. 2007-08. The mining agreement flows from the ILUA en- A total of 97 major future act – mining meetings tered into in June 2001 following an s.29 “future requiring the combined resources of the native act” notice for Exploration Licence 22349 on title unit and other operational units within the Jinka Station covering the old Molyhill Mine and CLC - were held during 2007-08. surrounding areas. Many other meetings were held by individual The CLC entered into an ILUA with the licence officers for notification or research purposes and holder and the agreement was registered with are too numerous to list. the NNTT on 11 November 2002. The CLC’s region covers 775,963 square kilome- A native title claim was lodged in October 2003 tres, most of it remote. It is a resource intensive covering the mineral lease applications and process and the rapidly escalating cost of fuel to approximately nine square kilometres of Jinka nearly $3.00 a litre in some remote locations is pastoral lease in order to secure the right to an increasing concern for the CLC. negotiate. Despite this, the CLC’s procedures for consulta- The named applicant on behalf of the native title tion and agreement making are continuing and holders is Lindsay Bookie and he appears as a working well in protecting native title interests. signatory to the mining agreement on behalf of To date there have been very few objections to the native title holders. expedited procedures under the Native Title Act The provisions are comparable to similar condi- and a significant number of agreements fina- tions in mining agreements that the CLC has lised. negotiated on Aboriginal land. MINING AND ExPlORATION The financial compensation terms were based AGREEMENTS upon independent advice from an experienced mineral economist and the CLC staff lawyer The CLC has made 19 agreements with respect confirms that the terms are reasonable and ben- to exploration and mining, including four Indig- eficial for native title holders (Note that no native enous land use agreements that have been title determination has been made, nor will be registered with the National Native Title Tribunal. sought). The following future act agreements were Central Land Council - Annual Report 07 - 08 98 Central land Council Annual Report continued... The native title holders have also been discuss- ing with the CLC community development staff a process of utilising the benefits from the agree- ment focusing on their living needs for outsta- tions as well as health and education benefits. They have instructed the CLC to discuss with the Centre for Appropriate Technology a project management agreement to facilitate their outsta- tion development using the royalty income from the agreement and this will be developed over the next 12 months. ExPlORATION AGREEMENTS PJ Forner & K Gray Crossland Nickel Pty Ltd Central Petroleum (ILUA) Mincor Resources Above: Oil and petroleum applications in the Central Land WDR Base Metals Pty Ltd Council region Finching Pty Ltd & Mundena Holdings NL RECENT TRENDS IN ExPlORATION Deep Yellow Ltd AND MINING Spinifex Uranium Pty Ltd FUTURE ACTS Uranium Exploration Australia Pty Ltd Mining is the single largest driver of the CLC’s DEEDS OF ASSIGNMENT/ native title work program and the activity that ASSUMPTION draws most heavily on staff time and resources. Toro Resources The number of exploration tenements notified Rawson Resources under s.29 of the Native Title Act has increased Frontier Oil & Gas Pty Ltd greatly over recent years and the CLC makes Central Petroleum every effort to obtain instructions from native title Merlin Energy (EP 97) holders and respond to these notifications in a Merlin Energy (EP 93) timely manner. Uranium Oil & Gas Pty Ltd (25382, 25329) Despite this, it has not been possible to respond Uranium Oil & Gas Pty Ltd (ELs 25346, 25368, to all notifications received in 2007-2008. 25504) The increasing workload for the CLC reflects the Broken Range NL increase in global commodity prices which are stimulating exploration. Gold, iron ore, nickel, oil and a range of other commodities have increased significantly in price (uranium prices have increased seven-fold since 2004). 99 Central Land Council - Annual Report 07 - 08 Central land Council Annual Report continued... A high proportion of exploration applications are from the Antulye estate group of the Alice are from uranium explorers as several uranium Springs native title claim whose country extends deposits are known to exist in Central Australia. beyond the area of the Alice Springs native title determination. Many native title holders live in Record oil prices have similarly renewed interest Santa Teresa and communities around Alice in the potential of Central Australia. Springs. The whole of the Amadeus and Georgina Basins Company representatives briefed CLC staff on are subject to exploration permits with the num- their initial proposal and a meeting with the na- ber of permits granted having risen from two in tive title holders and the applicant companies 2003-2004 to 15 in 2007-2008. was held on site in April 2008. Seismic programs for oil and gas cover far great- The application of the Native Title Act provisions er tracts of land than a mineral drilling program. to negotiations (as the NTA does not provide for This makes the clearance process a far more ‘veto’ of exploration applications, a native title resource-intensive and time consuming exercise claim would engage the right to negotiate provi- for the CLC and increasingly, is placing consid- sions) was discussed, however, no instructions erable pressure on the available resources of were provided to lodge a claim. the organisation. When the companies attended the meeting, they ANGElA AND PAMElA URANIUM DEPOSIT provided an introduction to their operations in Australia and worldwide and presented specific In December 2006, the Northern Territory Gov- material regarding the deposits and the explora- ernment revoked a reservation from occupation tion work they intended to undertake. over the Angela and Pamela uranium deposit located 25 kilometres south of Alice Springs. A further meeting with senior traditional owners was held on site in May to confirm instructions Tenders were called to explore this deposit, and to meet again with company representatives which had been extensively drilled three de- to provide further information, particularly with cades ago, but reserved due to the Labor Party’s regard to safety issues and employment and three mines policy. training matters. More than 35 applicants applied and in March Further information has been sought from 2008 the NT Government announced that EL Cameco-Paladin on provisions for exploration 25758 over the Angela Pamela uranium deposit work, which would inform any agreed outcomes would be issued to the joint venture of Cameco considered necessary by native title holders to Australia Pty Ltd (50%) & Paladin Energy Miner- manage the process. als NL (50%). The CLC has a duty to provide balanced infor- The ELA is situated on Owen Springs PPL and mation about exploration and the issues associ- is being dealt with through the normal future act ated with uranium mining. process. The CLC held a uranium information session for The CLC engaged an anthropological consultant native title holders in May 2008, during which to prepare a ‘Native Title Holder Identification views of the applicant companies, environmen- Report’ on the Angela-Pamela area with suf- tal groups, government and the uranium mining ficient information to enable the CLC to support industry were presented. a Native Title Determination Application should it be required. The CLC is aware that the prospect of a uranium mine is a controversial issue and that there are Some of the native title holders for the area Central Land Council - Annual Report 07 - 08 100 Central land Council Annual Report continued... strong views held on all sides of the uranium with agreement negotiations. debate. This involves working closely with native title The CLC is, however, tasked with providing holders to identify individual and community information to native title holders and represent- priorities, exploring the range of options and ing their views and interests when a decision is potential opportunities that the agreement might reached and the CLC has informed native title present - i.e. potential for employment, educa- holders it will support them whatever their deci- tion, economic development, partnership ar- sion is. rangements, community projects and developing a realistic plan based on needs, opportunities, Consultations are continuing and the CLC will available capacity and resources. act on instructions from those meetings as nec- essary. It is a comprehensive process that requires time, effort and specialist expertise and draws heavily NON-MINING FUTURE ACTS on the human and operational resources of the The CLC executed three future act non-mining CLC. Indigenous Land Use Agreements in the report- The federal minister’s speech of May 21, 2008 ing period: and statements regarding sustainable use and • Kalkaringi Township ILUA application of native title benefits have been encouraging. The CLC is optimistic that the • Power and Water Corporation (Brewer Es- pro-active role it is taking in this regard will be tate) ILUAs (2) recognised and resourced accordingly. A total of four future act – non-mining meetings were held during the reporting period, two were INDIGENOUS lAND USE AGREEMENTS to negotiate and receive instructions in order to The CLC has implemented a clear strategy to finalise the compensation ILUA for the extin- secure beneficial outcomes for native title hold- guishment of native title in Kalkaringi township ers through negotiated ILUAs and other agree- and two were in relation to the Power and Water ments, including “good faith” agreement under Authority Brewer Estate ILUAs. s31 of the Native Title Act. FUTURE ACTS AND ThE EvOlvING ROlE OF The CLC has five ILUAs registered with the ThE ClC NNTT. The CLC is committed to promoting the use and POST DETERMINATION ASSISTANCE application of benefits arising from native title Lhere Artepe Aboriginal Corporation (Alice agreements in ways that maximise sustainable, Springs PBC) socio-economic outcomes for native title holders and their communities. The Prescribed Body Corporate (Lhere Artepe Aboriginal Corporation) of the Native Title own- An evolving role of the CLC therefore, is to as- ers in the Alice Springs determination (Hayes sist native title holders in making informed deci- v Northern Territory) reached agreement with sions about sustainable use and application of the CLC in 2004-05 giving effect to its indepen- compensation monies and benefits arising from dence. native title agreements. Lhere Artepe Aboriginal Corporation now has its To the extent that it is possible, the CLC fa- own coordinator and financial resources to ob- cilitates a process of community development tain legal advice on matters relating to its com- consultations with native title holders concurrent mercial activities. However, in matters relating to 101 Central Land Council - Annual Report 07 - 08 Central land Council Annual Report continued... native title it may continue to request advice and the constitution to comply with the Corporations assistance from the CLC. (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) tenure issues, town camp matters At the request of Lhere Artepe Aboriginal and a possible compensation application. Corporation (LAAC), the CLC senior lawyer at- tended the LAAC Working Executive meeting in It is anticipated that a number of these activities September 2007 and the AGM in October 2007 will require ongoing legal and logistical assis- for which the CLC also provided some logistical tance, particularly in relation to ILUA negotia- assistance. tions for the Mt John Valley development, con- sideration and negotiation of other development Throughout the reporting period, senior native proposals on native title land and revision to the title unit staff have participated in 20 consulta- LAAC constitution. tion meetings with or on behalf of the LAAC, provided advice and assistance to LAAC and Ilkewartn Ywel Aboriginal Corporation (Pine Hill the Northern Territory Government on matters PBC) relating to various future developments, ILUA ne- The CLC assisted with the corporation’s first gotiations, internal governance and changes to AGM held in November 2007. Assistance with INDIGENOUS lAND USE AGREEMENTS Patta Aboriginal Corporation, ILUA regarding township of Tennant Creek. ILUA allows for Northern Territory Government recognition of native title as well as extinguishment and com- and CLC pensation over some areas and enables native title issues to be dealt with over the entire town. ILUA registered with NNTT February 22, 2008. ILUA in respect of Petroleum Exploration Permits No.s 82, 112, Central Petroleum and its subsid- 118 & 125 across the southern portion of the CLC’s region. iaries and CLC ILUA registered with NNTT 13 June 2008. Daguragu Community Govern- ILUA dealing with compensation for extinguishment of three ment Council, NT Government, blocks in Kalkaringi township. Awaiting registration by the CLC and the native title party NNTT. Indigenous Land Use Agreement dealing with transmission lines and gas pipeline for the relocation of gas turbine power Power & Water Authority and CLC generation plant for Alice Springs. The plant is being relocated to the Brewer Estate. Awaiting registration with the NNTT. Indigenous Land Use Agreement dealing with transmission Power and Water Authority and lines and gas pipeline for the relocation of gas turbine power Envestra and CLC generation plant for Alice Springs. The plant is being relocated to the Brewer Estate. Awaiting registration with the NNTT. Central Land Council - Annual Report 07 - 08 102 Central land Council Annual Report continued... implementation of the ILUA continued during mation package, which is now in the process of the reporting period, although no business is being finalised. likely until the horticulture block lease is granted. In 2007-08, the focus was very much on devel- Once the business starts, some capacity building oping a uranium education strategy in response support from the CLC is anticipated as matters to the huge interest in uranium in CLC’s region. arise. The strategy identified the northern Tanami as a Patta Aboriginal Corp (Tennant Creek PBC) priority region and the Tanami uranium road- show was held in September and October 2007. Assistance with implementation of the ILUA has The roadshow involved community meetings at continued during the reporting period following Lajamanu and Kalkaringi communities with guest determination of native title in September 2007. presenters from the Australian Uranium Associa- An AGM is scheduled for August 2008 and the tion, the Australian Conservation Foundation and CLC has been asked to attend to provide advice Northern Territory Government. The meetings with the setting up of the education trust struc- were followed by a trip to Jabiru by 22 traditional ture and revision of the constitution. It is likely owners to visit the Ranger Uranium Mine, meet further assistance will be requested as matters with the Office of the Supervising Scientist and arise. the traditional owners of the Ranger Mine. DISPUTE RESOlUTION The events were filmed and uranium informa- tion days have been scheduled for communities The CLC’s routine processes attempt to iden- across the CLC region in the coming months. tify and minimise disputes over land from initial contact with native title holders. GOVERNANCE AND ADMINISTRATION There have been no major disputes relating to The CLC operates under the direction of the 90 overlapping native title claims in the CLC region member council with delegated responsibilities during this reporting period. In anticipation being held by the 11 member executive. that disputes may arise in the future, the CLC The CLC aims to certify applications for native provides relevant staff with the opportunity to title determination and applications for registra- develop negotiation/mediation skills. tion of ILUAs in a timely manner. Native title AlTERNATIvE PROCEDURE AGREEMENTS determinations and ILUA applications are pre- sented to the Council or Executive before going The CLC did not enter into alternative procedure to the National Native Title Tribunal. agreements during the reporting period The CLC was recognised as a Native Title Rep- bODy CORPORATE AGREEMENTS resentative Body (NTRB) in January 1994 and No body corporate agreements were entered established a dedicated Native Title Unit (NTU) into during the reporting period. to undertake NTRB functions as prescribed under the Native Title Act and to advance the EDUCATION rights and interests of native title holders within The CLC distributed and explained information its service region. contained within the CLC Native Title booklet at The NTU works to an operational plan which is native title meetings and to individuals where the foundation of the CLC’s annual native title practicable and on request throughout the re- work program and is reviewed biannually. porting period. The 2007-08 operational plan was revised The CLC has also revised its native title infor- primarily to reflect the emerging need to pursue 103 Central Land Council - Annual Report 07 - 08 Central land Council Annual Report continued... whole-of-lease native title applications over COURSE DAYS ATTENDEES Napperby and Mt Doreen PPLs in response to intensive mining exploration interest across Native Title Legal those areas. 2 3 Issues Forum The CLC’s Native Title operations are supported Foundations of 3 1 by the CLC’s corporate and regional services Native Title which provide logistical and on the ground sup- Greenhouse Emis- port for field work. The native title work program sion regulations & 1 1 relies heavily on these resources and has ben- Carbon Trading in efited from being able to leverage off the broader the NT operational infrastructure of the CLC in carrying NT Emergency out its work. Response Task 1 1 hUMAN RESOURCES Force Fist Aid 3 12 The CLC has 20 native title funded positions, Anthropology which include a manager, principal legal officer, 4 4 Conference legal officers, research officer, anthropologists, mining, administrative, land management and Supervisor Training 3 1 project officers. Some positions sit within the Corporate All CLC Native Title Unit and others are located within Governance council various other departments of the CLC and repre- 1 Training members sent key linkages these departments have with the native title work program. HR Workshop 2 2 PROFESSIONAl DEvElOPMENT Indigenous Com- munities Economic A key event in the reporting period was a 2 1 Development & Tax research workshop organised by the CLC in con- Policy junction with the University of Queensland. The 4WD Awareness 2 3 workshop, “Practice Issues in Applied Anthro- pological Research in Central Australia and the Improving Capac- Northern Territory”, was initiated primarily for the ity in Native Title benefit of CLC staff, although select organisa- Research: Anthro- 3 1 tions and research consultants were also invited. pological Issues & The workshop was a great success and attended Concepts by 35 people, including 18 CLC staff. Mediation Workshop 5 2 A summary of staff professional development Practice Issues in and training exercises undertaken in the report- Applied Anthropologi- ing period is detailed in the table opposite. cal Research in Cen- 3 18 CONSUlTANTS tral Australia & The Northern Territory The CLC engaged 19 consultants to work direct- National Native Title ly on native title activity during the 2007-2008 3 12 Conference reporting period. The consultants had the required specialist expertise required by the CLC Cross Cultural 1 3 to achieve native title outcomes Awareness Central Land Council - Annual Report 07 - 08 104 Central Land Council Annual Report Accountability and Governance Central Land Council Annual Report Accountability and Governance CORPORATE GOVERNANCE SUN enterprise-wide integrated business ap- plication and associated products. The CLC is committed to: Managers and other staff access operational l maintaining and developing appropriate ac- management financial reporting, including counting and financial management systems; budget funding versus actual expenditure vari- l providing relevant, accurate and timely per- ance analysis, in an on-line real-time password formance based management reporting; secured and controlled environment. l managing procurement of funds to sustain In collaboration with the Office of Indigenous and advance the CLC operational plan and per- Policy Coordination, the outcomes and out- formance of statutory functions; puts framework was approved by The Hon Mal Brough MP Minister for Families, Community l administering and monitoring compliance Services and Indigenous Affairs Minister Assist- with statutory regulatory requirements; ing the Prime Minister for Indigenous Affairs. l recruitment, training and development op- The framework is intended to provide the basis portunities for CLC personnel; for preparing budget estimates and reporting on l preparing, implementing and managing performance and utilisation of resources. appropriate governance and risk management Management is continuing to address the framework; challenge of applying the framework to routine l accounting, financial management and per- reporting of operational performance. formance reporting. In addition to the usual ANAO statutory audit The Central Land Council is a Commonwealth process the CLC has experienced audits by the Statutory Authority within the terms of the Com- Australian Taxation Office (GST),the Office of monwealth Authorities and Companies Act 1997 Evaluation and Audit (Performance Audit). and the Minister has determined the form of Significantly the Aboriginal Land Rights (North- financial statements to be as prescribed under ern Territory) Act 1976 was extensively amended Schedule 2 of the Commonwealth Authorities in October 2006 and considerable resources and Companies Act 1997. continue to be engaged in implementing the The Council is also a Native Title Registered consequent changes to governance and admin- Body within the terms of the Native Title Amend- istration. ment Act 1998 and various sections of that Act An extensive revision of Commonwealth legisla- proscribe financial reporting requirements. tion pertaining to Aboriginal Corporations has Elsewhere in this report the Council’s statutory been concluded. annual financial reports are published together The new Corporations (Aboriginal and Tor- with the unqualified audit opinion issued by the res Strait Islander) Act requires considerably Australian National Audit Office. expanded compliance and governance activity. The Council maintains and develops financial Implementation continues to be a challenge. accounting and reporting systems utilising the Central Land Council - Annual Report 07 - 08 100 Central Land Council Organisational Structure CENTRAL LAND COUNCIL 94 MEMBERS FROM 75 COMMUNITIES AND OUTSTATIONS EXECUTIVE Chair, Deputy Chair and nine regional members Chairman Deputy Chairman Director Regional Services Directorate Native Title Legal Community liaison & de- Policy Native Title applications Land claims velopment Media Land use agreements Agreements Regional office support Council and Executive Legal advice liaison Women’s issues Regional Offices Regional offices Mining Anthropology Corporate Services Lajamanu Traditional Ownership Financial management Exploration Alparra Human Resources Identification (TOID) Papunya Applications Land claims Records & Library Yuendumu Mining Agreements Work area clearances Kalkaringi Information Technology Tennant Creek & Employment Community AAMC - Royalty Anmatyere development Associations Mutitjulu Atitjere Property Land Management Alice Springs Regional land management Community ranger programs Joint management Enterprise development Employment Central Land Council - Annual Report 07 - 08 101 Central Land Council - Annual Report 07 - 08 Central land Council Annual Report continued... ExTERNAl REViEw Of CENTRAl lANd l the strategic planning process and resultant COuNCil CLC Strategic Plan 2002 – 2007; PERfORmANCE AudiT l induction process that requires new employ- ees to read and sign all CLC policies and the The Office of Evaluation and Audit (Indigenous promotion of CLC policies on their intranet. Programs), Department of Finance and Deregu- lation was requested (November 2006) by the The CLC welcomes the frequent comments in Parliamentary Secretary to audit the four North- the Discussion Paper that confirm that the CLC ern Territory Land Councils. has a clear and well-established process for consulting with Aboriginal people and is “…com- The objective of the audit was to “…assess the mitted to obtaining informed consent on the use efficiency, effectiveness and economy of the of Aboriginal land” (pg 6). management and administration of the Land Councils, including mechanisms for measuring After examination of the full range of activities the achievement of outcomes and benchmarking undertaken by the CLC, the Discussion Paper performance”. concludes that ‘the activities of the CLC are con- sistent with the objectives of the ALRA and the On the 17th March 2008 the CLC received the fi- function prescribed to the Land Councils (pg 32). nalised copy of the Central Land Council Discus- sion Paper which formed part of the performance These positive findings confirm that the CLC audit of the Northern Territory Land Councils strives to achieve the best possible outcomes report recently completed by the Office of Evalu- across a broad range of functions for traditional ation and Audit (Indigenous Programs) [OEA]. owners and other Aboriginal people in this region. The OEA provided CLC with the opportunity to comment on various aspects of the Discussion The Central Land Council through it’s Council, Paper and subsequently included those com- Executive and administrative arm endorses and ments in the final document. actively works toward positive and continuous improvement processes and programs. The audit determined 11 recommendations for consideration and identified six better practices. A series of independent performance audits has demonstrated a commitment to excellence Better Practices identified within the CLC in administration and governance and the CLC include: continues to achieve that outcome in an evolving l use of the Australian Electoral Commission and dynamic legislative, political and community to oversee the election of Full Council members, environment. Chairman and Deputy Chairman positions. The Central Land Council looks forward to the l development of the governance induction opportunity to engage in discussion to identify and training programme. funding and resources appropriate to the timely implementation of the recommendations in this l the CLC Regional Office structure, with re- report. porting and accountability lines to Alice-Springs based staff. Implementation of the recommendations is a continuing process. l the creation of the Aboriginal Associations Management Centre (AAMC) and its role in EsTimATEs REViEw supporting Aboriginal Associations on a fee for The CLC is required to submit Estimates of service basis. Administrative Expenditure to the Minister on an Central Land Council - Annual Report 07 - 08 102 Central land Council Annual Report continued... annual basis. The Minister engages KPMG Dar- The office accommodation will be constructed win to conduct an independent forensic review on Lot 7409 (27) Stuart Highway, Alice Springs, and assessment of the Estimates to facilitate the Northern Territory. approval process. The gross project estimate is $10,980,000, Once approved the Estimates provide the CLC including land acquisition, building design and funding for operational expenses, salaries and construction and furniture, fittings and equipment wages and capital expenditure for the financial fit-out. year. The funding sources are the Aboriginal Benefits During the financial year, at four monthly inter- Account, litigation cost recoveries, incorrectly vals, the CLC is required to submit a report to levied payroll tax recovery from the Northern the Minister in the Outcome/Outputs framework. Territory Government and disposal of currently owned property which will be surplus to opera- sTATuTORy REPORTiNG tional requirements when the new premises are The CLC is a Commonwealth Statutory Authority occupied. in accordance with the Commonwealth Authori- At this time it is anticipated that the move to the ties and Companies Act 1997 (CAC Act) and new premises will occur in April/May 2009. responds to the Financial Management and Financial Accountability Act 1997 (FMA Act). Risk mANAGEmENT ANd fRAud The Australian National Audit Office is requested CONTROl by the Minister to perform the annual audit of The Commonwealth Fraud Control Guidelines CLC financial statements. The purpose of the apply to all agencies covered by the Financial audit is for the ANAO to express an opinion as to Management and Financial Accountability Act whether the financial statements give a true and 1997 (FMA Act) ; and bodies covered by the fair view in accordance with the Commonwealth Commonwealth Authorities and Companies Act Authorities and Companies Orders (Financial 1997 (CAC Act) that receive at least 50 per cent Statements for reporting periods ending on or of funding for their operating costs from the after 1 July 2006) made by the Finance Minister Commonwealth or a Commonwealth agency. (FMOs) and Australian Accounting Standards The Commonwealth Fraud Control Guidelines do (including the Australian Accounting Interpreta- not apply to a CAC Act agency that does not re- tions). ceive the above level of funding. Such agencies The financial statements for the year ended 30th are, however, strongly encouraged to comply June 2008 have been audited and an unqualified with the best practice standards set out in these audit opinion has been issued by the ANAO. guidelines. NEw OffiCE COmPlEx As a CAC statutory authority that is not 50 per cent budget funded the CLC is not required to The CLC currently operates from six locations implement these guidelines. in Alice Springs as staff numbers and activities have expanded beyond the capacity of its main However, the CLC acknowledges that the guide- premises. lines do provide better practice approaches for fraud control in the public sector. The CLC and the Department of Families, Com- munity Services and Indigenous Affairs agreed The CLC has developed various internal prac- on program funding for a new building on 24 July tices and procedures to ensure appropriate 2007. authorisations and financial delegations are in 103 Central Land Council - Annual Report 07 - 08 Central land Council Annual Report continued... place and for rigorous monitoring and detection Finance Circular 2008/3 provides operational of any anomalies in the following areas: detail. The CLC will be attending to a revision of the audit committee charter and recruiting appro- l use of purchase orders; priately skilled individuals for appointment to the l use of, and access to, CLC vehicles, assets new committee to facilitate compliance before and property; 2008 year end. l use of computers, email and internet; sTAff l petty cash and handling of cash; Central Land Council staff work under the CLC l signing of cheques; Enterprise Bargaining Agreement (EBA) and the CLC/NLC Award. l approving payments; The current EBA expired on February 2007 but l approving travel movement & bookings; remains active until replaced. Negotiations of l disposal of assets. a new certified agreement have commenced. Compliance with legislative changes are recogn- Staff and management of CLC operate under ised as prerequisites. an Instrument of Authorisations which docu- ments the appropriate financial delegations and EmPlOyEE RElATiONs authorities framework. The development, implementation, administra- Presently there is one matter before the Court tion and evaluation of human resources/indus- which is set for trial on 13 October 2008, relative trial relations strategies and policies enables to an alleged fraud involving a relatively small the CLC to enhance organisational flexibility, amount. improve workplace productivity, and facilitate workplace reform to support its general objec- Overlaying this framework of Policy and Pro- tives. cedure is a Code of Conduct which proscribes personal and professional behavior and ethics in Achievements in 2007/08 included: the workplace. l ensuring that CLC was compliant with We are proud of the absence of substantive changes to the Workplace Relations Act (1996) negatives in our track record and some of our and all ensuing changes; procedures have been referred to as best prac- l ensuring that the provisions in the Enterprise tice in peer organizations and the wider commu- Agreement were utilised to enhance organisa- nity. While the existing CLC practices have the tional flexibility and to facilitate organisational elements of a fraud strategy, a risk management change and workplace reform. framework and plan was established during 2006/7 which is subject to continuing develop- l provision of advice and counsel to line man- ment and improvement. agers, on a case management basis, to assist with the management of employees under the AudiT COmmiTTEE Unsatisfactory Performance Procedures; and New Regulations 6A & 6B of the Commonwealth l provision of strategic and operational IR Authorities and Companies Regulations pre- advice scribe base requirements for the composition of audit committees of Commonwealth authorities effective 1 January 2009. Department of Finance and Deregulation Central Land Council - Annual Report 07 - 08 104 Central land Council Annual Report continued... sTAff dEVElOPmENT ANd TRAiNiNG. The CLC is committed to ongoing professional career with the AAMC section;. Development of its workforce and supports ac- l two Indigenous female employees attended cess to appropriate training. the Indigenous Women’s Leadership Program; The CLC is especially committed to developing l four indigenous students from Centralian strategies that facilitate employment and career College will be doing work experience with the development for Aboriginal staff who make up CLC. 52 per cent of the 159 staff employed, and have formally stated this commitment in Part 3 of the sTATisTiCAl iNfORmATiON CLC EBA. Staff are able to access training and further Trends in the Representation of EEO Groups education as part of the CLC Career Develop- 30 June 2008 ment program and also receive Cross Cultural female 67 Training, First Aid, OH&S related topics and male 93 4WD Skills. Aboriginal 84 The CLC Career development program enables non Aboriginal 76 staff to receive support and assistance with a range of study and learning options. Table B: A comparison of staff numbers in All new staff are required to complete a two day 2006/07 and 2007-08 financial years induction program which provides them with a 30th June 30th June comprehensive insight into the CLC and all that 2007 2008 it offers, as well as its policies and expectations. Chairman 1 1 There were a 358 attendees at 72 needs based Director 1 1 short courses. Senior Executive 2 2 EquAl OPPORTuNiTy Service 1 The Central Land Council (CLC) is committed to NTU PLO 1 1 providing a working environment in which staff Senior Officer A 4 5 feel they are a valued member of the organisa- Senior Officer B 6 9 tion, that they are treated fairly and are given Senior Officer C 15 14 recognition in the organisation’s success. AO6 29 38 Equal Opportunity (EO) supports the develop- AO 5 29 26 ment and implementation of strategically-based AO 4 22 24 anti-discrimination, equal employment opportu- AO 3 7 9 nity (EEO) and affirmative action policies and AO 2 4 17 programs as well as Aboriginal Employment AO 1 2 13 and Career Development. Additionally, the CLC Total 123 160 respects and values diversity in the workplace. Achievements in 2007-08 under the Indigenous Employment Strategy: l creation of a new trainee position in the Table C: Designation of Aboriginal staff in Land Management department, 2006/07 and 2007-08 financial years l an Aboriginal staff member took up a new 105 Central Land Council - Annual Report 07 - 08 Central land Council Annual Report continued... 30th June 30th June iNfORmATiON sysTEms 2007 2008 Enhanced productivity is a permanent goal of the Chairman 1 1 CLC management and staff. Director 1 1 Several opportunities have been identified to use Senior Executive 0 0 off-the-shelf software designed to enhance col- Service 1 laborative work practice and workflow especially Senior Officer A 0 0 through the expanded use of electronic forms and workflow. Senior Officer B 0 0 A significant upgrade to the software utilised to Senior Officer C 4 5 manage royalty distributions and the registers of NTU PLO 0 0 traditional owners was completed. AO 6 6 5 This has improved functionality and maintenance AO 5 11 11 of traditional owner databases in the field which AO 4 21 23 helps to process disbursements in a timely way. The initial steps in the implementation of a em- AO 3 6 8 ployee self service interface to our payroll and AO 2 4 17 personnel databases were completed. AO 1 2 13 The object of the project is to provide on-line Total 56 84 access via a web interface and to empower OCCuPATiONAl HEAlTH ANd sAfETy personnel to manage their personal informa- tion records, manage leave applications and The following statements are provided in ac- recording, training requirements, skills recording. cordance with section 74 of the Occupational Implementation will proceed in 2008/2009. Health and safety (Commonwealth Employment) Act 1991. The CLC operates a Library and Records facility with appropriately qualified and accredited staff. l section 68 Occurrences (Notification and Reporting of Accidents and Dangerous Occur- Library services include current affairs rences): Three incidents under section 68 were information, scientific and historical reference reported to Comcare; enquiries, on-line searches and inter-library loans l there were no notices issued under sec- tions 29 (Provisional Improvement Notices), 46 (Power to Issue Prohibition Notices), and 47 (Power to Issue Improvement Notices) of the OH&S Act, and no directions were given to the Department under section 45 (Power to Direct that Workplace Not Be Disturbed); l no investigations were conducted in 2007–08 and the CLC remains committed to adhering to Comcare guidelines. Central Land Council - Annual Report 07 - 08 106 Central Land Council financial statements 30 June 2008 fig. [ number ] : output groups and outputs for 2008 Enhanced social , political and economic participation and equity for Aboriginal people in the Land Council’s area as a result of the promo- tion, protection and advancement of their land rights, other rights and interests Central Land Council - Annual Report 07 - 08 108 Central Land Council - Annual Report 07 - 08 109 Central Land Council - Annual Report 07 - 08 Central Land Council --Annual Report 07 --08 Central Land Council Annual Report 07 08 110 Central land CounCil inCome statement for the year ended 30 June 2008 2008 2007 INCOME NOTES $ $ Revenue Revenue 3(a) 19,583,591 14,224,250 Sale of goods and rendering of services 3(b) 2,008,884 1,883,702 Interest 3(c) 318,536 181,636 Total Revenue 21,911,011 16,289,588 Gains Gains from sale of assets 3(d) 252,207 266,063 Total Gains 252,207 266,063 TOTAL INCOME 22,163,218 16,555,651 EXPENSES Employees and council members benefits 4(a) 9,886,706 9,278,675 Suppliers 4(b) 6,763,892 6,008,764 Depreciation and amortisation 4(c) 1,208,397 1,277,345 TOTAL EXPENSES 17,858,995 16,564,784 Surplus / (deficit) before income tax 4,304,223 (9,132) Surplus / (deficit) 4,304,223 (9,132) The above statement should be read in conjunction with the accompanying notes 111 Central Land Council - Annual Report 07 - 08 Central land CounCil balanCe sheet for the year ended 30 June 2008 2008 2007 ASSETS NOTES $ $ Financial assets Cash and cash equivalents 10(b) 8,967,420 3,855,168 Trade and other receivables 6(a) 840,535 2,456,018 Investments 6(b) 4 4 Total financial assets 9,807,959 6,311,190 Non-financial Assets Land and buildings 7(a) 8,346,075 6,257,906 Infrastructure, plant and equipment 7(b) 2,104,728 2,199,141 Intangibles 7(d) - 4,842 Inventories 7(e) 11,110 12,576 Total non-financial assets 10,461,913 8,474,465 Total assets 20,269,872 14,785,655 LIABILITIES Payables Suppliers 8(a) 1,800,434 1,310,418 Special Purpose Grants 8(b) 1,401,947 848,837 Total payables 3,202,381 2,159,255 Provisions Employee provisions 9(a) 1,994,945 1,858,077 Total provisions 1,994,945 1,858,077 Total liabilities 5,197,326 4,017,332 NET ASSETS 15,072,546 10,768,323 EQUITY Asset revaluation reserve 538,323 538,323 Retained surplus 14,534,223 10,230,000 Total equity 15,072,546 10,768,323 Current assets 9,819,069 6,323,766 Non-current assets 10,450,803 8,461,889 Current liabilities 4,662,624 4,266,753 Non-current liabilities 534,702 524,163 The above statement should be read in conjunction with the accompanying notes Central Land Council - Annual Report 07 - 08 112 Central land CounCil Cash flow staement for the year ended 30 June 2008 2008 2007 Operating activities NOTES $ $ Cash received Revenue 20,136,701 15,073,087 Goods and services 2,008,884 1,883,702 Net GST received/(paid) to ATO 73,397 (204,006) Interest 318,536 181,636 Total cash received 22,537,518 16,934,419 Cash used Employees 9,749,838 10,005,145 Suppliers 4,730,324 4,154,633 Total cash used 14,480,162 14,159,778 Net cash from operating activities 10(a) 8,057,356 2,774,641 Investing activities Cash received Proceeds from sales of property, plant 268,794 276,895 and equipment Total cash received 268,794 276,895 Cash used Purchase of property, plant & 3,213,898 1,275,270 equipment Total cash used 3,213,898 1,275,270 Net cash from investing activities (2,945,104) (998,375) Net increase/(decrease) in cash held 5,112,252 1,776,268 Cash and cash equivalents at the 3,855,168 2,078,900 beginning of the reporting period Cash and cash equivalents at the 10(b) 8,967,420 3,855,168 end of the reporting period. The above statement should be read in conjunction with the accompanying notes 113 Central Land Council - Annual Report 07 - 08 Central land CounCil statement of ChanGes in eQuitY as at 30 June 2008 Accumulated Asset revaluation TOTAL EQUITY results reserve 2008 2007 2008 2007 2008 2007 $ $ $ $ $ $ Opening balance 9,456,416 9,248,262 538,323 55,073 9,994,739 9,303,335 Net effect of changes in accounting policy 773,584 990,870 - - 773,584 990,870 relating to revenue recognition of grant received Opening balance 10,230,000 55,073 10,768,323 10,294,205 as restated 10,239,132 538,323 Net surplus - 4,304,222 208,154 4,304,222 208,154 - Effect of changes in accounting policy relating to revenue (217,286) - (217,286) - recognition of grant received Net surplus as restated 4,304,223 (9,132) - - 4,304,223 (9,132) Income and expenses recognised directly - - - 483,250 - 483,250 in equity: - Revaluation of Land & Buildings Closing balance 14,534,223 10,230,000 538,323 538,323 15,072,546 10,768,323 as at 30 June Prior period balances have been adjusted for a change in accounting policy - refer Note 1, section 1.4. The above statement should be read in conjunction with the accompanying notes Central Land Council - Annual Report 07 - 08 114 Central land CounCil sChedule of Commitments and ContinGenCies as at 30 June 2008 2008 2007 $ $ BY TYPE Capital commitments Land & Buildings 7,367,537 - Total capital commitments 7,367,537 - Other Commitments Operating leases 222,463 157,910 Total other commitments 222,463 157,910 Commitments receivable - - Net Commitments by Type 7,590,000 157,910 BY MATURITY Capital commitments One year or less 7,367,537 - Total capital commitments 7,367,537 - Operating lease commitments One year or less 222,463 157,910 Total operating lease 222,463 157,910 commitments Commitments receivable - - Net Commitments by Maturity 7,590,000 157,910 NB: Commitments are GST inclusive where relevant. Name of lease General description of arrangements The capital committment reported arises from expected payments associated with the construction of a 2300 sq Land & Buildings m purpose built office complex at 27 Stuart Highway, Alice Springs. Total contract value is $10,980,000. Expected completion date is March 2009. Lease payments are subject to annual increase in accordance with upwards movements in the Consumer Leases for office accommodation Price Index. Current lease agreements are not greater than one year in duration. Contingent Assets and Liabilities There were no contingent assets or liabilities as at 30 June 2008 The above schedule should be read in conjunction with the accompanying notes 115 Central Land Council - Annual Report 07 - 08 ClC notes to and forminG Part of finanCial statements note 1: summarY of siGnifiCant aCCountinG PoliCies 1.1 OvERvIEw The Central Land Council (CLC or the Council) is a statutory authority formed within the provision of Section 21 of the ALR (NT) Act. The Land Council receives appropriations from the ABA pursuant to ministerially approved estimates prepared in accordance with Section 34 of the Act and made available under Section 64 of the Act. The Land Council in its present form with its present programs is dependent on Government policy and on continuing appropriations by Parliament. The funding conditions of the Land Council are laid down by the ALR (NT) Act, and any special purpose agreement guidelines. Accounting for monies received from the ABA is subject to conditions approved by the Minister for Fami- lies, Communities and Multicultural and Indigenous Affairs. 1.2 BASIS OF PREPARATION OF ThE FINANCIAL REPORT The financial statements are required by clause 1(b) of Schedule 1 to the Commonwealth Authorities and Companies Act 1997 and are a general purpose financial report. The statements have been prepared in accordance with: Finance Minister’s Orders (FMO’s) being the Commonwealth Authorities and Companies Orders (Financial Statements for reporting periods ending on or after 1 July 2007); Australian Accounting Standards and Interpretations issued by the Australian Accounting Standards Board (AASB) that apply for the reporting period. The financial report has been prepared on an accrual basis and is in accordance with historical cost convention, except for certain assets at fair value. Except where stated, no allowance is made for the effect of changing prices on the results or the financial position. The financial report is prepared in Australian dollars. Unless specifically required by an Accounting Standard or directed by an FMO, assets and liabilities are recognised in the CLC’s Balance Sheet when and only when it is probable that future economic benefits will flow and the amounts of the assets or liabilities can be reliably measured. Assets and liabilities arising under agreements equally propor- tionately unperformed are however not recognised unless required by an accounting standard. Liabilities and assets that are unrealised are reported in the schedule of commitments and the schedule of contingencies. Unless alternative treatment is specifically required by an accounting standard, revenues and expenses are rec- ognised in the Land Council’s Income Statement when and only when the flow or consumption or loss of economic benefits has occurred and can be reliably measured. 1.3 SIGNIFICANT ACCOUNTING JUdGEMENTS ANd ESTIMATES In the process of applying the accounting policies listed in this note, the CLC has made the following judgements that have the most significant impact on the amounts recorded in the financial statements: The fair value of land and buildings has been taken to be the market value of similar properties as determined by an independent valuer. No accounting assumptions or estimates have been identified that have a significant risk of causing a material adjust- ment to carrying amounts of assets and liabilities within the next accounting period. 1.4 ChANGE IN ACCOUNTING POLICY The CLC changed its accounting policy for the financial year ended 30 June 2008 relating to its revenue recognition of monies received from various funding bodies. Revenue was previously recognised only to the extent that the services required have been performed or the eligibility criteria had been satisfied for the grantee. When monies received have been paid in advance of performance or eligibility, a liability is recognised. As required, the contribu- tion definition interpretation under AASB1004, Contribution, in conjunction with the Framework for the Preparation and Presentation of Financial Statements (cited as Framework) (July 2004), the CLC has now analysed the Grants received. Under the interpretation of this standard, restrictions over how the moneys should be spent do not result in obligations (and therefore no liability is able to be recognised), while a stand-ready obligation to return unspent funds results in an obligation (and therefore a liability is recognised). This change has been implemented in the financial Central Land Council - Annual Report 07 - 08 116 ClC notes to and forminG Part of finanCial statements year ended 30 June 2008 and prior year balances have been restated. The aggregate effect of the change in accounting policy on the CLC’s financial report for the year ended 30 June 2008 is as follows (no taxation effect results from these changes) 2008 2007 Previously Previously stated Adjustments Restated stated Adjustments Restated $ $ $ $ $ $ Income Statement Adjustment to opening retained surplus 9,456,416 773,584 10,230,000 9,248,262 990,870 10,239,132 Revenue 21,911,010 - 21,911,010 6,506,874 (217,286) 6,289,588 Surplus (deficit) before income tax 4,304,222 - 4,304,222 (217,286) (9,133) 208,153 Balance Sheet Special Purpose Grant Liability 1,401,948 1,401,948 1,622,421 (773,584) 848,837 1.5 STATEMENT OF COMPLIANCE Australian Accounting Standards require a statement of compliance with International Financial Reporting Standards (IFRSs) to be made where the financial report complies with these standards. Some Australian equivalents to IFRSs and other Australian Accounting Standards contain requirements specific to not-for-profit entities that are inconsis- tent with IFRS requirements. CLC is a not for profit entity and has applied these requirements, so while this financial report complies with Australian Accounting Standards including Australian Equivalents to International Financial Re- porting Standards (AEIFRSs) it cannot make this statement. AdOpTION OF NEW AUSTRALIAN ACCOUNTINg STANdARdS No accounting standard has been adopted earlier than the application date as stated in the standard. The following new standards are applicable to the current reporting period. Financial instrument disclosure AASB 7 Financial Instruments: Disclosures is effective for reporting periods beginning on or after 1 January 2007 (the 2007-08 financial year) and amends the disclosure requirements for financial instruments. In general AASB 7 requires greater disclosure than that previously required. Associated with the introduction of AASB 7 a number of accounting standards were amended to reference the new standard or remove the present disclosure requirements through 2005-10 Amendments to Australian Accounting Standards [AASB 132, AASB 101, AASB 114, AASB 117, AASB 133, AASB 139, AASB 1, AASB 4, AASB 1023 & AASB 1038]. These changes have no financial impact but will effect the disclosure presented in future financial reports. The following new standards, amendments or interpretations have become effective for the Central Land Council in the period. There is no material impact on the financial report of adoption of these standards based on Central Land Council’s assessment. Amendments: • 2007-4 Amendments to Australian Accounting Standards arising from ED 151 and Other Amendments and Erratum: Proportionate Consolidation • 2007-7 Amendments to Australian Accounting Standards Central Land Council - Annual Report 07 - 08 117 Central Land Council - Annual Report 07 - 08 ClC notes to and forminG Part of finanCial statements • UIG Interpretation 11: AASB 2 – Group and Treasury Share Transactions and 2007-1 Amendments to Austra- lian Accounting Standards arising from AASB Interpretation 11 Future Australian Accounting Standard Requirements: The following new standards, amendments to standards or interpretations have been issued by the Australian Accounting Standards Board effective for future reporting periods. It is estimated that the impact of adopting these pronouncements when effective will have no material financial impact on future reporting periods. AASB Interpretation 12 Service Concession Arrangements and 2007-2 Amendments to Australian Accounting Standards arising from AASB Interpretation 12 AASB 8 Operating Segments and 2007-3 Amendments to Australian Accounting Standards arising from AASB 8 2007-6 Amendments to Australian Accounting Standards arising from AASB 123 AASB Interpretation 13 Customer Loyalty Programmes AASB Interpretation 14 AASB 119 – The Limit on a Defined Benefit Asset, Minimum Funding Requirements and their Interaction Other: The issued standard AASB 1049 Financial Reporting of general government Sectors specifies the reporting requirements of the Australian Government for the General Government Sector, and is not applicable to the operations of CLC. 1.6 REvENUE Types of revenue The revenues described in this Note are revenues relating to the core operating activities of the Central Land Council: Revenues from Government are recognised at the time the Land Council becomes entitled to the funding, or as con- tributions on receipt as per AASB 1004 Interest revenue is recognised using the effective interest rate method as set out in AASB 139 – Financial Instru- ments, Recognition and Measurement. Revenue from disposal of non-current assets is recognised when control of the asset has passed to the buyer. Revenue from the rendering of a service is recognised by reference to the stage of completion of the contract to pro- vide the service. The stage of completion is determined according to the proportion that costs incurred to date bear to the estimated total costs of the transaction. Resources received free of charge Services received free of charge are recognised as revenue when and only when a fair value can be reliably de- termined and the services would have been purchased if they had not been donated. Use of those resources is recognised as an expense. Contributions of assets at no cost of acquisition or for nominal consideration are recognised at their fair value when the asset qualifies for recognition. Resources received free of charge are recorded as either revenue or gains de- pending on their nature. Program Funding Agreements Most agreements require the grantee to perform services or provide facilities, or to meet eligibility criteria. Receipts from agreements are recognised as income when received. Where agreement funds have been paid in advance had a stand-ready obligation to return unspent funds, a liability is recognised. Revenues from Government Amounts appropriated for Departmental outputs appropriations for the year (adjusted for any formal additions and re- ductions) are recognised as revenue, except for certain amounts that relate to activities that are reciprocal in nature, in which case revenue is recognised only when it has been earned. 1.7 GAINS Other Resources Received Free of Charge Resources received free of charge are recognised as gains when and only when a fair value can be reliably de- Central Land Council - Annual Report 07 - 08 118 ClC notes to and forminG Part of finanCial statements termined and the services would have been purchased if they had not been donated. Use of those resources is recognised as an expense. Contributions of assets at no cost of acquisition or for nominal consideration are recognised as gains at their fair value when the asset qualifies for recognition, unless received from another government Agency or Authority as a consequence of a restructuring of administrative arrangements. Resources received free of charge are recorded as either revenue or gains depending on their nature. Sale of Assets Gains from disposal of non-current assets is recognised when control of the asset has passed to the buyer. 1.8 EMPLOYEE BENEFITS Employee Benefits Liabilities for services rendered by employees are recognised at the reporting date to the extent that have not been settled. Liabilities for ‘short-term employee benefits’ (as defined in AASB 119) and termination benefits due within twelve months are measured at their nominal amounts The nominal amount is calculated with regard to the rates expected to be paid on settlement of the liability. All other employee benefit liabilities are measured as the present value of the estimated future cash outflows to be made in respect of services provided by employees up to the reporting date. Leave The liability for employee benefits includes provisions for annual leave and long service leave. No provision has been made for sick leave as all sick leave is non-vesting and the average sick leave taken in future years by em- ployees of the Land Council is estimated to be less then the annual entitlement for sick leave. The leave liabilities are calculated on the basis of employees’ remuneration, including the Central Land Council’s employer superannuation contribution rates to the extent that the leave is likely to be taken during service rather than paid out on termination. The estimate of the present value of the liability takes into account attrition rates and pay increases through promo- tion and inflation. Separation and Redundancy provision is made for separation and redundancy benefit payments. CLC recognises a provision for termination when it has developed a detailed formal plan for the terminations and has informed those employees affected that it will carry out the terminations. Superannuation The majority of employees of Central Land Council are members of Acumen Superannuation Fund. Central Land Council makes employer contributions to the Acumen at the rate of 9% paid on monthly basis. The Central Land Council complies with the requirements of the superannuation choice legislation. The liability for superannuation recognised as at 30 June represents outstanding contributions for the final fortnight of the year. 1.9 LEASES A distinction is made between finance leases and operating leases. Finance leases effectively transfer from the lessor to the lessee substantially all the risks and benefits incidental to ownership of leased non-current assets. In operating leases, the lessor effectively retains substantially all such risks and benefits. Where a non-current assets is acquired by means of a finance lease, the asset is capitalised at either the fair value of the lease property or, if lower, the present value of minimum lease payments at the inception of the contract and a liability is recognised at the same time and for the same amount. The discount rate used is the interest rate implicit in the lease. Leased asset are amortised over the period of the lease. Lease payments are allocated between the principal component and the interest expense. Operating lease payments are expensed on a basis which is representative of the pattern of benefits derived from the leased assets. The net present value of future net outlays in respect of surplus space under non-cancellable lease agreements is expensed in the period in which the space becomes surplus. 1.10 BORROwING COSTS All borrowing costs are expensed as incurred. Central Land Council - Annual Report 07 - 08 119 Central Land Council - Annual Report 07 - 08 ClC notes to and forminG Part of finanCial statements 1.11 CASh ANd CASh EQUIvALENTS Cash and cash equivalents includes notes and coins held and any deposits in bank accounts with an original ma- turity of 3 months or less that are readily convertible to known amounts of cash and subject to insignificant risk of changes in value. Cash is recognised at its nominal amount. 1.12 FINANCIAL ASSETS CLC classifies its financial assets in the following categories: • financial assets as ‘at fair value through profit or loss’ • ‘held-to-maturity investments’, • ‘available-for-sale’ financial assets, and • ‘loans and receivables’. The classification depends on the nature and purpose of the financial assets and is determined at the time of initial recognition. Financial assets are recognised and derecognised upon ‘trade date’. Effective interest method The effective interest method is a method of calculating the amortised cost of a financial asset and of allocating in- terest income over the relevant period. The effective interest rate is the rate that exactly discounts estimated future cash receipts through the expected life of the financial asset, or, where appropriate, a shorter period. Income is recognised on an effective interest rate basis except for financial assets ‘at fair value through profit or loss’. Financial assets at fair value through profit or loss Financial assets are classified as financial assets at fair value through profit or loss where the financial assets: • has been acquired principally for the purpose of selling in the near future; • is a part of an identified portfolio of financial instruments that the Authority manages together and has a recent actual pattern of short-term profit-taking; or • is a derivative that is not designated and effective as a hedging instrument. Assets in this category are classified as current assets. Financial assets at fair value through profit or loss are stated at fair value, with any resultant gain or loss recog- nised in profit or loss. The net gain or loss recognised in profit or loss incorporates any interest earned on the financial asset. Available-for-sale financial assets Available-for-sale financial assets are non-derivatives that are either designated in this category or not classified in any of the other categories. They are included in non-current assets unless management intends to dispose of the asset within 12 months of the balance sheet date. Available-for-sale financial assets are recorded at fair value. gains and losses arising from changes in fair value are recognised directly in the reserves (equity) with the exception of impairment losses. Interest is calculated using the effective interest method and foreign exchange gains and losses on monetary assets are recognised directly in profit or loss. Where the asset is disposed of or is determined to be impaired, part or all of the cumulative gain or loss previously recognised in the reserve is included in profit for the period. Where a reliable fair value can not be established for unlisted investments in equity instruments cost is used. The CLC has no such instruments as at balance date. Held-to-maturity investments Non-derivative financial assets with fixed or determinable payments and fixed maturity dates that the group has the positive intent and ability to hold to maturity are classified as held-to-maturity investments. Held-to-maturity invest- ments are recorded at amortised cost using the effective interest method less impairment, with revenue recognised on an effective yield basis. Loans and receivables Trade receivables, loans and other receivables that have fixed or determinable payments that are not quoted in an active market are classified as ‘loans and receivables’. They are included in current assets, except for maturities Central Land Council - Annual Report 07 - 08 Central Land Council - Annual Report 07 - 08 120 ClC notes to and forminG Part of finanCial statements greater than 12 months after the balance sheet date. These are classified as non current assets. Loans and re- ceivables are measured at amortised cost using the effective interest method less impairment. Interest is recogn- ised by applying the effective interest rate. Impairment of financial assets Financial assets are assessed for impairment at each balance date. • Financial assets held at amortised cost - If there is objective evidence that an impairment loss has been incurred for loans and receivables or held to maturity investments held at amortised cost, the amount of the loss is measured as the difference between the asset’s carrying amount and the present value of estimated future cash flows discount- ed at the asset’s original effective interest rate. The carrying amount is reduced by way of an allowance account. The loss is recognised in the Income Statement. • Available for sale financial assets - If there is objective evidence that an impairment loss on an available for sale financial asset has been incurred, the amount of the difference between its cost, less principal repayments and am- ortisation, and its current fair value, less any impairment loss previously recognised in expenses, is transferred from equity to the Income Statement. • Available for sale financial assets (held at cost) - If there is objective evidence that an impairment loss has been incurred the amount of the impairment loss is the difference between the carrying amount of the asset and the present value of the estimated future cash flows discounted at the current market rate for similar assets. 1.13 FINANCIAL LIABILITIES Financial liabilities are classified as either financial liabilities ‘at fair value through profit or loss’ or other financial liabilities. Financial liabilities are recognised and derecognised upon ‘trade date’. Financial liabilities at fair value through profit or loss Financial liabilities at fair value through profit or loss are initially measured at fair value. Subsequent fair value ad- justments are recognised in profit or loss. The net gain or loss recognised in profit or loss incorporates any interest paid on the financial liability. Other financial liabilities Other financial liabilities, including borrowings, are initially measured at fair value, net of transaction costs. Other financial liabilities are subsequently measured at amortised cost using the effective interest method, with interest expense recognised on an effective yield basis. The effective interest method is a method of calculating the amortised cost of a financial liability and of allocating interest expense over the relevant period. The effective interest rate is the rate that exactly discounts estimated future cash payments through the expected life of the financial liability, or, where appropriate, a shorter period. Supplier and other payables Supplier and other payables are recognised at amortised cost. Liabilities are recognised to the extent that the goods or services have been received (and irrespective of having been invoiced). 1.14 APPROPRIATIONS RECEIvABLE These receivables are recognised at the nominal amounts due. 1.15 CONTINGENT LIABILITIES ANd CONTINGENT ASSETS Contingent Liabilities and Contingent Assets are not recognised in the Balance Sheet but are reported in the relevant schedules and notes. They may arise from uncertainty as to the existence of a liability or asset or represent an as- set or liability in respect of which the amount cannot be reliably measured. Contingent assets are disclosed when settlement is probable but not virtually certain and contingent liabilities are disclosed when settlement is greater than remote. 1.16 FINANCIAL GUARANTEE CONTRACTS Financial guarantee contracts are accounted for in accordance with AASB139. They are not treated as a contingent liability, as they are regarded as financial instruments outside the scope of AASB137. 1.17 ACQUISITION OF ASSETS Assets are recorded at cost on acquisition except as stated below. The cost of acquisition includes the fair value of assets transferred in exchange and liabilities undertaken. Financial assets are initially measured at their fair value 121 Central Land Council - Annual Report 07 - 08 ClC notes to and forminG Part of finanCial statements plus transaction costs where appropriate. Assets acquired at no cost, or for nominal consideration, are initially recognised as assets and revenues at their fair value at the date of acquisition, unless acquired as a consequence of restructuring of administra- tive arrangements. In the latter case, assets are initially recognised as contributions by owners at the amounts at which they were recognised in the transferor’s accounts immediately prior to the restructuring. 1.18 ProPerTy (LANd, BuiLdiNgS ANd iNfrASTrucTure), PLANT ANd equiPmeNT Asset Recognition Threshold Purchases of property, plant and equipment are recognised initially at cost in the Balance Sheet, except for pur- chases costing less than $2,000, which are expensed in the year of acquisition (other than where they form part of a group of similar items which are significant in total). The initial cost of an asset includes an estimate of the cost of dismantling and removing the item and restoring the site on which it is located. Revaluations Basis Fair values for each class of asset are determined as shown below: Asset Class Fair value Measured at: Land Market selling price Building Market selling price Leasehold Improvements Depreciated replacement cost Plant & Equipment Market selling price Heritage and cultural assets Market selling price Assets that are surplus to requirement are measured at their net realisable value. At 30 June 2008 Central Land Council Authority held no surplus assets (30 June 2007: $0). Following initial recognition at cost, Land, buildings, infrastructure, plant and equipment are carried at fair value less accumulated depreciation and accumulated impairment losses. Formal revaluations undertaken up to 30 June 2002 were done on a deprival basis; revaluations since that date are at fair value, being re-valued with sufficient frequency such that the carrying amount of each asset class is not materially different, as at reporting date, from its fair value. Valuations undertaken in any year are as at 30 June. Revaluation adjustments are made on a class basis. Any revaluation increment is credited to equity under the heading of asset revaluation reserve except to the extent that it reverses a previous revaluation decrement of the same asset class that was previously recognised through operating results. Revaluation decrements for a class of assets are recognised directly through operating results except to the extent that they reverse a previous revaluation increment for that class. Any accumulated depreciation as at the revaluation date is eliminated against the gross carrying amounts of the assets restated to the revalued amount. Frequency Freehold land, buildings and plant and equipments are subject to a formal valuation every five years. Central Land Council policy is for formal valuations to be carried out by an independent qualified valuer. Between formal valua- tions assets are assessed for movements in fair value. Depreciation Depreciable property, plant and equipment assets are written-off to their estimated residual values over their esti- mated useful lives to the Land Council using, in all cases, the straight-line method of depreciation. Leasehold im- provements are depreciated on a straight-line basis over the lesser of the estimated useful life of the improvements or the unexpired period of the lease. Depreciation rates (useful lives) and methods are reviewed at each balance date and necessary adjustments are recognised in the current, or current and future reporting periods, as appropriate. Residual values are re-estimated for a change in prices only when assets are revalued. Depreciation rates applying to each class of depreciable asset are based on the following useful lives: Central Land Council - Annual Report 07 - 08 122 ClC notes to and forminG Part of finanCial statements 2008 2007 Buildings on freehold land 40 years 40 years Leasehold improvements Lease term Lease term Motor vehicles and IT equipment 3 to 4 years 3 to 4 years Office equipment and furniture 7 to 10 years 7 to 10 years The aggregate amount of depreciation allocated for each class of asset during the reporting period is disclosed in Note 7c. 1.19 INTANGIBLES CLC intangibles comprise internally developed software for internal use. These assets are carried at cost less ac- cumulated amortisation and accumulated impairment losses. Software is amortised on a straight-line basis over its anticipated useful life. The useful lives of CLC software are 7 to 10 years (2006-07: 7 to 10 years). All software assets were assessed for indications of impairment as at 30 June 2008. 1.20 IMPAIRMENT OF ASSETS Assets carried at up-to-date fair value at the reporting date are not subject to impairment testing. Assets carried at cost, which are not held to generate net cash inflows, have been assessed for indications of impairment. Where indications of impairment exist the asset is written down to the higher of its net selling price and if the entity would replace the asset’s service potential, its depreciated replacement cost. All assets were assessed for impairment at 30 June 2008. Where indications of impairment exist, the asset’s recov- erable amount is estimated and an impairment adjustment made if the asset’s recoverable amount is less than its carrying amount. 1.21 INvENTORIES Inventories not held for resale are valued at cost, unless they are no longer required, in which case they are valued at net realisable value. 1.22 TAXATION / COMPETITIvE NEUTRALITY The Central Land Council is exempt from all forms of taxation except fringe benefits tax and the goods and services tax (GST). Revenues, expenses and assets are recognised net of GST: except where the amount of gST incurred is not recoverable from the Australian Taxation Office; and except for receivables and payables. Competitive Neutrality The Central Land Council does not provide any services on a for-profit basis. Under Competitive Neutrality ar- rangements, CLC is not required to pay Australian Income Tax Equivalent payments to the Government. 1.23 INSURANCE The Central Land Council has insured for risks through the Government’s insurable risk managed fund ‘Comcover’. Workers compensation is insured through Comcare Australia. 1.24 COMPARATIvES Where necessary, comparatives have been reclassified and repositioned for consistencies with current year disclo- sures. note 2: events after the balanCe sheet date There were no significant events after balance date. 123 Central Land Council - Annual Report 07 - 08 ClC notes to and forminG Part of finanCial statements Note 3: REvENUE 2008 2007 $ $ Note 3(a) - revenue From Government - ABA Appropriations for outputs 7,782,813 9,227,017 From Government - ABA S64(1) rollover - - From Government - Special Purpose Contracts 6,302,755 4,114,009 From Government - Unearned revenue 5,199,995 773,584 Non-Government - Special Purpose Contracts 298,028 109,639 Total Revenues - Grants & Contracts 19,583,591 14,224,250 during the 2007/2008 financial year the Minister for Families, Housing, Community Services and Indigenous Affairs wrote to the Central Land Council varying the budget estimates, applying funds against an outstanding sec64(1) recievable of $2,130,187. This has the effect of reducing reported revenue for 2007/2008. Refer note 5 for further details. Unearned Revenue AASB 1004 requires recognition of revenue once control of assets is with the CLC. Prior year fund- ing under agreements has been recognised on a percentage of completion (entitlement) basis, with a corresponding liability at year end. This has the effect of additional revenue being recognised for the CLC in the 2007/2008 financial year. For the 2007/2008 financial year, $5,199,995 was recieved and recognised as revenue, with corresponding outflows of resources expected in the 2008/2009 financial year. Further details can be found in Note 1 - Change of Accounting policy. Note 3(b) - Sale of goods and rendering of services Provision of goods - Related entities 523 1,071 Provision of goods - External entities 3,459 3,658 Rendering of services - Related entities 92,550 30,020 Rendering of services - External entities 1,912,352 1,848,953 Total sales of goods and rendering of services 2,008,884 1,883,702 Note 3(c) - interest revenue 181,636 Interest from deposits 318,536 181,636 Total interest revenue 318,536 181,636 Note 3(d) - Net gains from Sale of Assets Motor Vehicles, Plant & Equipment Proceeds from sale 268,794 276,895 Net book value of assets sold (16,587) (10,832) Net gain from disposal 252,207 266,063 Central Land Council - Annual Report 07 - 08 124 ClC notes to and forminG Part of finanCial statements 2008 2007 NOTE 4: EXPENSES $ $ Note 4(a) - employee benefits Wages & salaries 8,097,568 6,986,840 Superannuation 746,728 1,173,457 Leave 891,945 676,128 Other employee benefits 150,465 442,250 Total employee benefits expenses 9,886,706 9,278,675 Total employee expenses 9,886,706 9,278,675 There were no expenses incurred for separation or redundancy of employees. The Land Council undertakes to make regular monthly contributions in accordance with the Superannuation Guarantee legislation at the prescribed rate of 9%. All payments are within the terms of the CLC EBA and Awards. The Land Council pays Compulsory Professional Indemnity Insurance to Law Society NT for all its practicing Lawyers. Note 4(b) - Supplier expenses Goods from related entities 164,626 169,036 Goods from external entities 3,282,761 3,034,091 Services from related entities 1,101,013 897,388 Services from external entities 1,963,586 1,593,026 Operating lease rentals 194,956 169,984 Workers Compensation & professional Indemnity 56,950 145,239 Insurance premium Total suppliers expenses 6,763,892 6,008,764 Note 4(c) - depreciation & Amortisation Depreciation: Buildings 74,486 84,235 Motor vehicles 907,275 839,608 Plant and equipment 29,046 23,823 Library 23,118 23,118 Computers 169,630 300,633 Total depreciation 1,203,555 1,271,417 Amortisation of intangibles (software) 4,842 5,928 Total depreciation and amortisation 1,208,397 1,277,345 The aggregate amounts of depreciation expensed during the reporting period for each class of depreciable asset are detailed in Note 7(c) - Analysis of Property, Plant and Equipment. 125 Central Land Council - Annual Report 07 - 08 ClC notes to and forminG Part of finanCial statements Note 5: STATEMENT OF BUdGET vs ACTUAL ABORIGINAL BENEFIT ACCOUNT APPROPRIATIONS ABA Approved ABA Actual variance Estimates $ $ $ 2007/2008 2007/2008 2007/2008 expenditure Salaries and related expenses 7,257,000 7,436,905 (179,905) Operational expenses 4,084,000 4,355,716 (271,716) Total recurrent expenditure 11,341,000 11,792,621 (451,621) Capital 967,000 807,021 159,979 Total expenditure 12,308,000 12,599,642 (291,642) Income ABA sec. 64(1) 7,782,813 7,782,813 - Sec. 64(1) Liability 2,130,187 2,130,187 - Administration fees 1,819,000 1,969,848 150,848 Interest 100,000 189,130 89,130 Sale of assets 195,000 180,794 (14,206) Recoveries 223,000 441,739 218,739 Other 58,000 158,982 100,982 Total income 12,308,000 12,853,493 545,493 ABA surplus / (deficit) at 30 June - 253,851 253,851 2008 Salaries and operating expenditures shown above are included in the Income Statement as Em- ployee and Council Members expense and Suppliers expense, respectively. On the 28th April 2008 the ABA estimates were varied to include $292,000 for expenses to develop housing and infrastructure leases pursuant to s.19 of the Aboriginal Land Rights (Northern Territo- ry) Act 1976. As at 30th June 2008, $31,514 had been spent against this project, with the balance of $260,486 to be spent in 2008/2009 financial year. There is a net deficit within the ABA of $6,635 for the financial year ended June 2008, funded from a surplus brought forward after writeback of this balance of $260,486 estimate variation. Audit fees due and payable for audit of the 2007/2008 accounts have been accrued into the current financial year ($40,800) . This represents a change in accounting policy as per FMO Section 23.1. Refer also Note 14. Central Land Council - Annual Report 07 - 08 126 ClC notes to and forminG Part of finanCial statements Note 5(a): reconciliation - ABA cash receipts to Income Statement Cash release received during the 2008 2007 reporting period: $ $ ABA Section 64(1) 7,782,813 9,227,017 Section 64(1) Receivable 2,130,187 - 9,913,000 9,227,017 Funds receivable at 30 June: ABA - Section 64(1) - 2,130,187 Consistent with Note 1.1, the Land Council maintains accounts on an accrual basis, however, this budget comparison is prepared on a cash basis, consistent with the cash estimates approved by the Minister. Amendments to the ALRA during the 2006/2007 period removed the Section 64(1) minimum alloca- tion of 40% for Council administration. In June 2007, the Aboriginals Benefit Account advised there continued to be a statuatory amount payable of $2,130,187. The outstanding Section 64 receivable amount was collected in 2007/2008 through variation to ABA estimates, reducing the recievable to $Nil as at 30 June 2008. Note 5(b): reconciliation - ABA Special Purpose grant: community outstations road and Erosion Project - 2052 2007/2008 2006/2007 Income ABA grant income 98,000 76,000 Total income 98,000 76,000 expenditure Operational expenditure (188) 105,398 Total expenditure (188) 105,398 Annual movement in grant funds 98,188 (29,398) Multi-year grant balance of funds: $98,415 Note 5(c): reconciliation - ABA Special Purpose grant: funeral & Ceremonial Activities - 2091 ABA grant income 100,000 300,000 Total income 100,000 300,000 expenditure Funeral expenses 205,756 147,839 Ceremonial expense 40,641 91,056 Total expenditure 246,397 238,895 Annual movement in grant funds (146,397) 61,105 Multi-year grant balance of funds: ($91,072) 127 Central Land Council - Annual Report 07 - 08 ClC notes to and forminG Part of finanCial statements Note 5(d): reconciliation - ABA Special Purpose grant: yuendumu community ranger Programme - 2062 2007/2008 2006/2007 Income ABA grant income - - Total income - - expenditure Operational expenditure 8,128 230 Total expenditure 8,128 230 Annual movement in grant funds (8,128) (230) Multi-year grant balance of funds: $1,469 Note 5(e): reconciliation - ABA Special Purpose grant: Arkarnta Tourist Campground - 2068 2007/2008 2006/2007 Income ABA grant income - - Total income - - expenditure Operational expenditure (20,788) 39,197 Total expenditure (20,788) 39,197 Annual movement in grant funds 20,788 (39,197) Multi-year grant balance of funds: $24,091 Note 5(f): reconciliation - ABA Special Purpose grant: indigenous Land Management Project - 2081 2007/2008 2006/2007 Income ABA grant income 5,418 22,500 Total income 5,418 22,500 expenditure Operational expenditure 21,035 30,998 Total expenditure 21,035 30,998 Annual movement in grant funds (15,617) (8,498) Multi-year grant balance of funds: ($1,615) Central Land Council - Annual Report 07 - 08 128 ClC notes to and forminG Part of finanCial statements Note 5(g): reconciliation - ABA Special Purpose grant: Small community Cattle Enterprises - 2078 2007/2008 2006/2007 Income ABA grant income - - Total income - - expenditure Operational expenditure 8,273 (2,340) Total expenditure 8,273 (2,340) Annual movement in grant funds (8,273) 2,340 Multi-year grant balance of funds: $922 Note 5(h): reconciliation - ABA Special Purpose grant: Tennant creek ranger Support Project - 2080 2007/2008 2006/2007 Income ABA grant income 28,900 36,000 Total income 28,900 36,000 expenditure Operational expenditure 12,603 34,974 Total expenditure 12,603 34,974 Annual movement in grant funds 16,297 1,026 Multi-year grant balance of funds: $26,994 Note 5(i): reconciliation - ABA Special Purpose grant: Burta Wurta community Cattle Enterprise - 2079 2007/2008 2006/2007 Income ABA grant income 50,000 73,600 Total income 50,000 73,600 expenditure Operational expenditure 122,282 31,504 Total expenditure 122,282 31,504 Annual movement in grant funds (72,282) 42,096 Multi-year grant balance of funds: $3,614 129 Central Land Council - Annual Report 07 - 08 ClC notes to and forminG Part of finanCial statements Note 5(j): reconciliation - ABA Special Purpose grant: Targetting youth in crisis to Petrol Sniffing - 2089 2007/2008 2006/2007 Income ABA grant income - - Total income - - expenditure Operational expenditure - 24,234 Total expenditure - 24,234 Annual movement in grant funds - (24,234) Multi-year grant balance of funds: $31,615 Note 5(k): reconciliation - ABA Special Purpose grant: docker river Land care Programme - 2097 2007/2008 2006/2007 Income ABA grant income 116,405 120,342 Total income 116,405 120,342 expenditure Operational expenditure 128,727 85,082 Total expenditure 128,727 85,082 Annual movement in grant funds (12,322) 35,260 Multi-year grant balance of funds: $22,939 Note 5(l): reconciliation - ABA Special Purpose grant: Ntaria ranger Support Programme - 2098 2007/2008 2006/2007 Income ABA grant income 70,400 101,600 Total income 70,400 101,600 expenditure Operational expenditure 22,557 77,288 Total expenditure 22,557 77,288 Annual movement in grant funds 47,843 24,312 Multi-year grant balance of funds: $72,155 Central Land Council - Annual Report 07 - 08 130 ClC notes to and forminG Part of finanCial statements Note 5(m): reconciliation - ABA Special Purpose grant: Alatyeye cattle enterprise - 2099 2007/2008 2006/2007 Income ABA grant income 112,940 12,840 Total income 112,940 12,840 expenditure Operational expenditure 150,822 - Total expenditure 150,822 - Annual movement in grant funds (37,882) 12,840 Multi-year grant balance of funds: ($25,042) Note 5(n): reconciliation - ABA Special Purpose grant: Akanta cattle enterprise - 2100 2007/2008 2006/2007 Income ABA grant income - 18,102 Total income - 18,102 expenditure Operational expenditure 14,245 - Total expenditure 14,245 - Annual movement in grant funds (14,245) 18,102 prior year balance of grant 2100 has been amended to $18,102 due to a mis-classification at June 2007. Multi-year grant balance of funds: $3,856 Note 5(o): reconciliation - icc Women’s Law & culture - 54838 2007/2008 2006/2007 Income ICC grant income 60,000 56,000 Sundry Other Income - 2,000 Total income 60,000 58,000 expenditure Operational expenditure 59,644 58,356 Total expenditure 59,644 58,356 Annual movement in grant funds 356 (356) Multi-year grant balance of funds: Nil 131 Central Land Council - Annual Report 07 - 08 ClC notes to and forminG Part of finanCial statements Note 5(p): reconciliation - ABA Special Purpose grant: Travel Assistance indigenous Rangers - 2804 2007/2008 2006/2007 Income ABA grant income 10,000 - Total income 10,000 - expenditure Operational expenditure 10,000 - Total expenditure 10,000 - Grant funds - - Note 5(q): reconciliation - ABA Special Purpose grant: urana Potara - Ceramics Business - 2804 2007/2008 2006/2007 Income ABA grant income 39,775 - Total income 39,775 - expenditure Operational expenditure - - Total expenditure - - Grant funds 39,775 - Note 5(r): reconciliation - ABA Special Purpose grant: urana Potara - date Palm - 2804 2007/2008 2006/2007 Income ABA grant income 21,500 - Total income 21,500 - expenditure Operational expenditure - - Total expenditure - - Grant funds 21,500 - Central Land Council - Annual Report 07 - 08 132 ClC notes to and forminG Part of finanCial statements Note 6: FINANCIAL ASSETS 2008 2007 Note 6(a): TrAde ANd oTHer receiVABLeS $ $ Trade debtors 764,869 299,410 Less: provision for doubtful debts - - 764,869 299,410 Sundry debtors 2,269 13,199 ABA - S64(1) rollover (see Note 5(a)) - 2,130,187 GST receivable 73,397 13,222 Total trade and other receivables 840,535 2,456,018 All receivables are current assets. Debtors are recognised at their nominal amounts due less provisions for impairment, if any. Provisions are made when collection of the debt is judged to be less rather than more likely. All debtors are unsecured and as such, the carrying value of the net receivables represents the amount exposed to credit risk. Trade and other receivables (gross) are aged as follows: Not overdue 729,624 130,005 Overdue by: - less than 30 days 35,157 102,085 - 30 to 60 days 35,319 10,312 - 60 to 90 days 27,550 49,688 - more than 90 days 12,885 2,163,928 110,911 2,326,013 Total receivables (gross) 840,535 2,456,018 Provision for doubtful debts is aged as follows: - more than 90 days - - Note 6(b): iNVeSTmeNTS Investment in Centrecorp Aboriginal Investment Corporation Pty Ltd (“Centrecorp”). Considered to be a non-current asset. This investment represents the Land Council’s 3 3 shareholding of three fully paid ordinary shares of $1.00 each at cost. The investment was acquired for the purposes of participating in Central Australian ventures on behalf of Aboriginal people. The investment is pursuant to Section 22(1)(c) and 23(1)(b) of ALR (NT) Act. The profits of Centrecorp will be distributed according to its charitable trust deed for the benefit of Aboriginal people in the Central Australian region and as such the Land Council has no economic interest in Centrecorp and does not account for Centrecorp as a controlled entity. Investment in Imparja Television Pty Ltd. 1 1 This investment represents the Land Council’s shareholding of one fully paid ordinary share at cost. The investment was acquired for the purpose of participating in this important Aboriginal development by way of representation on the Board of Directors of Imparja Television Pty Ltd. As this investment does not allow the Central Land Council control of Imparja Television Pty Ltd this interest is not accounted for as a controlled entity. Considered to be a non-current assets Total Investments 4 4 133 Central Land Council - Annual Report 07 - 08 ClC notes to and forminG Part of finanCial statements Note 7: NON FINANCIAL ASSETS 2008 2007 Note 7(a) – Land and Buildings Freehold land at gross carrying value (at fair value) 3,247,000 3,247,000 Buildings on freehold land: - fair value 3,073,505 3,073,505 - work in progress 2,232,463 69,808 - accumulated depreciation (206,893) (132,407) Total Land and Buildings 8,346,075 6,257,906 Prior year balance of “Buildings on freehold land - at fair value” has been reduced by $69,808 due to a mis-classification as at 30 June 2007 (reported as $3,143,313 in 2006/2007). For comparative purposes above this is reported correctly as work in progress. All work in progress relates to a purpose built office complex at 27 Stuart Highway, Alice Springs. Note 7(b) - infrastructure, Plant and equipment Motor vehicles - at cost 3,693,106 3,465,564 Accumulated depreciation (2,211,246) (1,965,480) 1,481,860 1,500,084 Plant, furniture and equipment - at cost 208,140 125,803 Plant, furniture and equipment - at fair 125,450 125,450 value Accumulated depreciation (88,405) (59,359) 245,185 191,894 Library at fair value 231,178 231,178 Accumulated depreciation (46,236) (23,118) 184,942 208,060 Computer equipment at cost 1,076,987 1,013,719 Accumulated depreciation (884,246) (714,616) 192,741 299,103 Total Infrastructure, plant and 2,104,728 2,199,141 equipment All revaluations are independent and are conducted in accordance with the revaluation policy stated at note 1. Recent independent valuations undertaken on these assets have been completed by Michael pankhurst, Senior Valuer, Rodney Hyman Asset Services (2005), and the Australian Valuation Office (selected Land & Building assets - 2007) . At 30 June 2008, the directors believe that assets are carried at the present fair market value and no indicators of impairment were found for land and buildings. Central Land Council - Annual Report 07 - 08 134 ClC notes to and forminG Part of finanCial statements Note 7(c) – Analysis of Property, Plant and Equipment Land & Motor Plant & Library Computers TOTAL Table (A): Buildings vehicles Equipment $ $ $ Reconciliation of $ $ $ the opening and closing balances of property, plant and equipment 2007/2008 As at 1 July 2007 Gross book value 6,390,313 3,465,564 251,253 231,178 1,013,719 11,352,027 Accumulated depreciation/ (132,407) (1,965,480) (59,359) (23,118) (714,616) (2,894,980) amortisation Opening net book 6,257,906 1,500,084 191,894 208,060 299,103 8,457,047 value Additions By purchase 2,162,655 905,638 82,337 - 63,268 3,213,898 Depreciation (74,486) (907,275) (29,046) (23,118) (169,630) (1,203,555) expense Revaluations during - - - - the period - - Disposal - (678,096) - - - (678,096) Gross Value Disposals - Accumulated - 661,509 - - - 661,509 Depreciation As at 30 June 2008 Gross book value 8,552,968 3,693,106 333,590 231,178 1,076,987 13,887,829 Accumulated (206,893) (2,211,246) (88,405) (46,236) (884,246) (3,437,026) depreciation 135 Central Land Council - Annual Report 07 - 08 ClC notes to and forminG Part of finanCial statements closing net book 8,346,075 1,481,860 245,185 184,942 192,741 10,450,803 value Note 7(c) – Analysis of Property, Plant and equipment continued Table (B): Land & Motor Plant & Library Computers TOTAL Reconciliation of Buildings vehicles Equipment $ $ $ the opening and $ $ $ closing balances of property, plant and equipment 2006/2007 As at 1 July 2006 Gross book value 6,016,413 3,068,211 230,472 231,178 843,071 10,389,345 Accumulated depreciation/ (157,522) (1,769,546) (35,535) (445,965) (2,408,568) - amortisation Opening net book 5,858,891 1,298,665 194,937 231,178 397,106 7,980,777 value Additions By purchase 1,041,027 20,781 213,462 1,275,270 - - Depreciation (84,235) (839,608) (23,823) (23,118) (300,633) (1,271,417) expense Revaluations during 483,250 - - - 483,250 the period - Disposals - Gross (109,350) (643,674) - (42,814) (795,838) Value - Disposals - Accumulated 109,350 643,674 - 31,982 785,006 - Depreciation As at 30 June 2007 Gross book value 6,390,313 3,465,564 251,253 231,178 1,013,719 11,352,026 Accumulated depreciation/ (132,407) (1,965,480) (59,358) (23,118) (714,616) (2,894,979) amortisation Central Land Council - Annual Report 07 - 08 136 ClC notes to and forminG Part of finanCial statements closing net book 6,257,906 1,500,084 191,895 208,060 299,103 8,457,047 value 2008 2007 Note 7(d) - intangibles $ $ Computer software - at cost 17,965 17,965 Accumulated depreciation (17,965) (13,123) Total Intangibles - 4,842 No indicators of impairment were found for intangible assets. Note 7(e): inventory inventories not held for sale(cost): Fuel 3,585 3,585 Tyres 7,525 8,991 Total Inventories 11,110 12,576 All inventories are current assets. Note 8: PAYABLES Note 8(a): SuPPLier PAyABLeS Trade creditors 1,008,277 540,443 Sundry creditors and accruals 792,157 769,975 Total supplier payables 1,800,434 1,310,418 All suppliers payable are current TRAdE CREdITORS Settlement is usually made net 30 days Note 8(b): Special Purpose contracts Liability for special purpose contracts 1,401,947 848,837 Total Special Purpose Contracts 1,401,947 848,837 Prior year balances have been restated in line with a change in accounting policy (AASB 1004). Refer Note 1 for further details. These restated liabilities are able to be carried where there is a stand ready obligation to return unspent funds. See also Note 3 and Note 16. Note 9: PROvISIONS Note 9(a): emPLoyee ProViSioNS Salaries and wages 297,233 234,872 Leave 1,697,712 1,623,205 Aggregate employee entitlement liability 1,994,945 1,858,077 Current 1,460,243 1,333,914 Non-current 534,702 524,163 137 Central Land Council - Annual Report 07 - 08 ClC notes to and forminG Part of finanCial statements Note 10 - CASh FLOw RECONCILIATION 2008 2007 $ $ Note 10(a): reconciliation of operating surplus to net cash from operating activities: Operating surplus / (deficit) 4,304,223 (9,132) Non-Cash Items Depreciation and amortisation 1,208,397 1,277,345 Gain on disposal of assets (252,207) (266,063) Changes in Assets and Liabilities Decrease /(Increase) in receivables 1,615,483 49,199 Decrease /(Increase) in inventory 1,466 (2,733) Increase /(Decrease) in employee provisions 136,868 50,320 Increase /(Decrease) in payables 1,043,126 1,675,705 Net cash from operating activities 8,057,356 2,774,641 Note 10(b): reconciliation of cash Cash balance comprises: Cash on hand - Petty cash 1,900 1,900 Cash at bank - Operations 4,798,590 3,769,898 - Building Account 4,142,087 - - OIPC Account 24,843 83,370 Balance of cash as at 30 June shown in the Statement of 8,967,420 3,855,168 Cash Flows All accounts are recognised at their nominal values. Interest, which is earned at the daily prevailing rate, is credited to revenue as it accrues and is paid semi-annually. Refer Note 17 - Financial Instruments for further details. Note 11 - EXECUTIvE REMUNERATION Total remuneration received or due and receivable by the Executive: Salaries and benefits 123,827 149,601 Superannuation contributions 11,144 11,807 134,971 161,408 The number of Executives of the Land Council included in these figures are shown below in the relevant remuneration bands: $Nil - $14,999 10 15 $120,000-$134,999 1 1 Total number of executives of the Land council 11 16 Executive members met 10 times this year. The Superannuation Guarantee Contribution is paid where appropriate. Central Land Council - Annual Report 07 - 08 138 ClC notes to and forminG Part of finanCial statements Note 12 - RELATEd PARTY dISCLOSURE The names of the Land Council Executive who have held office at some time during the year ended 30 June 2008 are shown below. L Bookie - Chairman G George M Ryan - Deputy Chairman W Brown A Petrick R Minor M Ray H Wilson R Smith G Smith R Hagan The aggregate remuneration of Executives is disclosed in Note 11. Note 13: REMUNERATION OF OFFICERS 2008 2007 $ $ The number of officers who received or were due to receive total remuneration of $130,000 or more: $160,000-$174,999 2 1 $175,000-$189,999 - 1 $220,000-$234,999 1 1 Total 3 3 The aggregate amount of total remuneration paid to officers shown above: Salaries and Benefits 546,807 550,804 Superannuation contributions 49,213 35,770 596,020 586,574 Note 14 - AUdITORS REMUNERATION Remuneration to the Auditor-General for auditing the financial statements for the reporting period. The fair value of services provided was: 50,700 56,600 Other services - grant acquittals 35,276 14,000 Amounts paid to priceWaterhouseCoopers for auditing the accounts of Associations administered by the Land 40,690 68,000 Council 126,666 138,600 The Audit Fees above report the costs associated with auditing each financial year. Consistent with FMO interpretation advice in June 2007, fees for 2006/2007 were expensed in the period in which the audit services were rendered (2007/2008). This FMO interpretation has been reversed in June 2008 (FMO 23.1), hence the total Audit expense recorded against 2007/2008 CLC accounts is $263,101. The Land Council incurs the cost of an audit on each of the Associations, subsequently these costs are covered by fees charged to the Associations. priceWaterhouseCoopers continues to perform the audits of the Associations. No other services were provided by the Auditor General during the reporting period. 139 Central Land Council - Annual Report 07 - 08 ClC notes to and forminG Part of finanCial statements Note 15: LANd USE TRUST ACCOUNT The Land Council maintains a Land Use Trust Account. Monies received on behalf of the Associations of Aboriginal people and individuals in accordance with Section 35 of the ALR (NT) Act, are held in the Land Use Trust Account and are disbursed in accordance with the terms of the trust. These monies are not available for other purposes of the Land Council, and are not recognised in the financial statements. 2008 2007 $ $ Opening Balance 4,108,115 2,531,503 Add receipts Subsection 64(3) statutory royalty equivalents 7,116,795 9,218,944 Section 42,43,44,46,48a & 48d negotiated monies 12,741,577 11,561,338 Section 15,16,19 & 20 rental and lease monies 2,915,601 3,887,220 Other monies 747,895 615,655 Total Receipts 23,521,868 25,283,156 Deduct payments Section 35(2) statutory royalty equivalents 7,116,795 9,218,944 Section 35(3) negotiated payments 14,033,706 11,186,845 Section 35(4) rental and lease monies 2,364,411 2,942,977 Other payments 421,176 357,778 Total Payments 23,936,088 23,706,544 Cash at bank and term deposits 3,693,895 4,108,115 Closing Balance 3,693,895 4,108,115 Note 15(a) - details of amounts paid - S35(2) 2007/2008 2006/2007 Details of amounts paid as required by Section 37(4) ALR $ $ (NT) Act: Granites Mines Affected Areas Aboriginal Corporation 5,320,043 7,404,195 Ngurratjuta Pmara Ntjarra Aboriginal Corporation 1,707,222 1,814,749 Tanami Mines Affected Areas Aboriginal Corporation 89,530 7,116,795 9,218,944 Note 15(b) - details of amounts paid - S35(4a) 2007/2008 Details of amounts paid as required by Section 35(4A) $ ‘Accountable Amounts’ ALR (NT) Act. Voyages Hotels & Resorts 5,386 Centre for Appropriate Technology Inc. 134,708 Areyonga Community Council 50,000 Anangu Pitjantjatjara Services 56,846 Community Enterprises Australia Ltd 30,621 Uluru Auto’s 3,591 Motor Vehicle Registry 751 Bungala Aboriginal Corporation 59,659 341,563 Central Land Council - Annual Report 07 - 08 140 ClC notes to and forminG Part of finanCial statements 2008 2007 $ $ Note 16 – SPeciAL PurPoSe coNTrAcTS Statement of completion for Special Purpose Contracts Unearned Revenue Contract contributions recognised as revenue 2,099,186 773,584 Building contract contrib. recognised as revenue 3,100,810 - Subtotal - unearned revenue 5,199,996 773,584 Liability for special purpose contracts 1,401,947 848,837 (refer Note 8 (b)) Closing balance unearned revenue and liability 6,601,943 1,622,421 Revenue was previously recognised only to the extent that the services required had been performed. Refer Note 1 for further details. The subtotal unearned revenue represents recognised revenue for which there will be outflows in the following year (services not yet performed). The closing balance unearned revenue and liability represents the net expected cash outflow in relation to these agreements in the following financial year. This is represented by Amount owing from/(to) the CLC operations account 3,501,133 1,622,421 Amount owing from/(to) the Building Account 3,100,810 - 6,601,944 1,622,421 Note 17: FINANCIAL INSTRUMENTS Note 17(a) – categories of financial instruments Financial Assets Held to maturity financial assets Investments 4 4 Loans and receivables Cash at bank 8,967,420 3,855,168 Recievables for goods and services 840,535 2,456,018 carrying amount of financial assets 9,807,959 6,311,190 Financial Liabilities Other Financial Liabilities Trade Creditors 1,008,277 540,443 Sundry creditors and accruals 792,157 769,975 carrying amount of financial liabilities 1,800,434 1,310,418 The carrying amounts are a reasonable approximation of fair value. The majority of the financial assets/ liabilites above are short term payables and recievables. The Central Land Council has not transferred financial assets whilst maintaining an involvement. 141 Central Land Council - Annual Report 07 - 08 ClC notes to and forminG Part of finanCial statements Note 17(b) – Net income and expenses from financial assets and liabilities 2008 2007 $ $ Loans and receivables Interest revenue (see note 3(c)) 318,536 181,636 Net gain/(loss) loans and 318,536 181,636 receivables Net gain/(loss) from financial assets 318,536 181,636 There was no income or expense to be recognised from financial liabilities of the Central Land Council. Note 17(c) – credit risk Recievables for goods and services ($840,535) represent the total exposure of the Central Land Council to credit risk (2007: $2,456,018). The Central Land Council is exposed to minimal credit risk as the majority of recievables are short term; are due under legislation or contract; or are recievable from the Australian Taxation Office in the form of a gST refund. An ageing analysis can be found at Note 6(a). All debtors are unsecured and as such, the carrying value of the net receivables represents the amount exposed to credit risk. The Central Land Council holds no collateral to mitigate against credit risk. Note 17(d) – Liquidity risk and market risk The Central Land Council’s financial liabilities are suppliers payables and employee liabilities. The Central Land Council in its present form with its present programs is dependent on Government policy and on continuing appropriations by Parliament. The Central Land Council manages its budget to ensure it has adequate funds to meet payments as they fall due. Financial liabilities at 30 June 2008 of $1,800,434 (2007: $1,310,418) are all current liabilities (due within 1 year). There is no market risk relating to the Central Land Councils financial assets or liabilities. Central Land Council - Annual Report 07 - 08 142 ClC notes to and forminG Part of finanCial statements Note 17(e) – interest rate risk Financial Floating Interest Non-Interest weighted Instrument Notes Rate Bearing Total Avg. Interest Rate 2008 2007 2008 2007 2008 2007 2008 2007 $ $ $ $ $ $ % % Financial As- sets Cash at bank 10(b) 8,965,520 3,853,268 8,965,520 3,853,268 5.975 4.850 - Cash on hand 10(b) - - 1,900 1,900 1,900 1,900 - - Receivables goods & 6(a) - - 840,535 2,456,018 840,535 2,456,018 - - services Total 8,965,520 3,853,268 842,435 2,457,918 - - 9,807,955 6,311,186 Total Assets 20,269,872 14,785,655 143 Central Land Council - Annual Report 07 - 08 ClC notes to and forminG Part of finanCial statements Note 18: CONSULTING PAYMENTS Consistent with s.37(8) of the Aboriginal Land Rights (Northern Territoy) Act 1976 (ALRA) “Additional Reporting Requirements” the following listing specifies each consultant engaged by the council during the reporting period to do work in relation to the Council’s performance of functions or exercise of powers under ALRA. Consultant 2007/2008 A J Dever Pty Ltd Trust A/c (Legal) $ 9,807 AKA Consulting (Anthropology - Land Claims) $ 56,304 Anthony Gatti (Anthropology) $ 6,000 Centre for Aboriginal Economic Policy Research (Policy) $ 15,000 Australian National University (Community Development) $ 7,214 Centre for Approp. Tech (Community Development) $ 15,918 Christine Godden (Community Development) $ 20,125 desert Wildlife Services (Land Management) $ 8,000 Dianne Bell (Anthropology) $ 12,000 Lemessurier Harrington Consulting (Legal) $ 1,500 Miles Holmes (Anthropology) $ 2,800 patrick Hookey (Community development / Interpretation) $ 2,147 Patterson’s List (Legal - Land Claims) $ 41,345 Peter Allsop (Tourism) $ 3,840 Petronella Vaarzon-Morel (Policy) $ 29,400 pintubi Anmatjere Walpari Media (Education - Mining) $ 36,903 Qld Comm Housing Coalition (policy) $ 7,351 R J Howells pty Ltd (Legal - Land Claims) $ 16,875 Rural Solutions (Community Development) $ 6,836 SGS Economics and Planning (Policy) $ 21,489 Siohan McDonnell (Policy) $ 15,500 Tangentyere Design (Community Development) $ 2,625 Western desert Nganampa Walytj (Community development) $ 15,000 World Vision Australia (Community development partner) $ 7,720 $ 361,698 Central Land Council - Annual Report 07 - 08 144 Central Land Council Native Title Financial Statements Central Land Council - Annual Report 07 - 08 146 147 Central Land Council - Annual Report 07 - 08 Central Land Council - Annual Report 07 - 08 148 CENTRAL LANd COUNCIL - Native Title Representative Body INCOME STATEMENT for the year ended 30 June 2008 NOTES 2008 2007 INCOME Revenue $ $ Revenue from government 3(a) 2,650,350 3,050,797 Interest 3(b) 43,762 54,888 Sale of goods and rendering of services 3(c) 3,200 - Total Revenue 2,697,312 3,105,685 Gains Gains from disposal of assets 3(d) 44,000 - Total Gains 44,000 - TOTAL INCOME 2,741,312 3,105,685 EXPENSE Employees and council members 4(a) 1,470,956 1,427,335 Suppliers 4(b) 1,235,438 1,483,905 Depreciation 4(c) 175,587 169,096 TOTAL EXPENSES 2,881,980 3,080,336 operating surplus/(deficit) before income tax (140,668) 25,349 Operating result (140,668) 25,349 The above statement should be read in conjunction with the accompanying notes 149 Central Land Council - Annual Report 07 - 08 CENTRAL LANd COUNCIL - Native Title Representative Body BALANCE ShEET as at 30 June 2008 NOTES 2008 2007 $ $ ASSETS Financial assets Cash and cash equivalents 10 24,843 83,370 Total financial assets 24,843 83,370 Non-financial Assets Infrastructure, plant and equipment 6(a) 322,826 376,269 Total non-financial assets 322,826 376,269 Total assets 347,669 459,639 LIABILITIES Provisions Employee provisions 7(a) 227,921 199,223 Total provisions 227,921 199,223 Total liabilities 227,921 199,223 NET ASSETS 119,748 260,416 EQUITY Asset revaluation reserve 14,288 14,288 Retained surplus 105,460 246,128 Total equity 119,748 260,416 Current assets 24,843 83,370 Non-current assets 322,826 376,269 Current liabilities 145,116 113,223 Non-current liabilities 82,805 86,000 The above statement should be read in conjunction with the accompanying notes Central Land Council - Annual Report 07 - 08 150 CENTRAL LANd COUNCIL - Native Title Representative Body CASh FLOw STATEMENT for the year ended 30 June 2008 Notes 2008 2007 $ $ Operating activities Cash received Revenue from government 3(a) 2,650,350 3,050,797 Interest 3(b) 43,762 54,888 Goods and services 3(c) 3,200 - Total cash received 2,697,312 3,105,685 Cash used Employees 1,442,258 1,367,096 Suppliers 1,235,438 1,468,905 Total cash used 2,677,696 2,836,001 Net cash from/(used by) operating activities 8 19,616 269,684 Investing activities Cash received Proceeds from sales of property, plant & equipment 44,000 - Total cash received 44,000 - Cash used Purchase of property, plant & equipment 122,145 245,707 Total cash used 122,145 245,707 Net cash used by investing activities (78,145) (245,707) Net increase/(decrease) in cash held (58,527) 23,977 Cash at the beginning of the reporting period 83,370 59,393 Cash at the end of the reporting period 10 24,843 83,370 STATEMENT of ChANGES in EQUITY as at 30 June 2008 Asset Accumulated revaluation results reserve TOTAL EQUITY 2008 2007 2008 2007 2008 2007 $ $ $ $ $ $ Opening balance as at 1 July 246,128 220,779 14,288 14,288 260,416 235,067 Net surplus / (deficit) (140,668) 25,349 - - (140,668) 25,349 Net revaluation increment - - - - - - Closing balance as at 30 June 105,460 246,128 14,288 14,288 119,748 260,416 The above statement should be read in conjunction with the accompanying notes 151 Central Land Council - Annual Report 07 - 08 Central land CounCil - native title rePresentative bodY notes to and forminG Part of finanCial statements note 1: summarY of siGnifiCant aCCountinG PoliCies 1.1 overview The Central Land Council (CLC) is a Native Title Representative Body (NTRB) as prescribed in the Native Title Amendment Act 1998 and a Land Council under the Aboriginal Land Rights (Northern Territory) Act 1976. Since being recognised as an NTRB, the CLC has performed the functions of the NTRB in association with other CLC functions. The CLC has reporting requirements specified in the Native Title Amendment Act 1998, Commonwealth Authorities and Companies Act 1997 (schedule 1) and Finance Minister’s Orders. The NTRB is dependent on the continued release of these funds for its continued existence and ability to carry out its normal activities. The funding conditions of the NTRB are laid down by the Native Title Act, and any special purpose grant guidelines. Accounting for monies received from FaCSIA is subject to conditions approved by the Land Rights Branch. 1.2 Basis of Preparation of the Financial Report These financial statements of the Central Land Council as a NTRB are required by Section 203dC (4) of the Native Title Amendment Act 1998 and are a general purpose financial statements. The statements have been prepared in accordance with: • Finance Minister’s Orders (FMO’s) being the Commonwealth Authorities and Companies Orders (Financial Statements for reporting periods ending on or after 1 July 2007); • Australian Accounting Standards and Interpretations issued by the Australian Accounting Standards Board (AASB) that apply for the reporting period. The CLC has prepared the Income Statement, Balance Sheet and Cash flow statement applicable to the NTRB operation and function. All NTRB account balances have been identified from within the CLC financial information and accurately extracted from the CLC accounts, representing the completeness and existence of all assets and liabilities of the NTRB. The CLC maintains an NTRB revenue and expenditure cost centre and the Statement of Financial Performance is a complete and accurate record of NTRB revenue and expenditure. The NTRB Income Statement, Balance Sheet have been prepared on an accrual basis and are in accordance with historical cost convention. Except where stated, no allowance is made for the effect of changing prices on the results or the financial position. The financial report is prepared in Australian dollars. Unless specifically required by an Accounting Standard or directed by an FMO, assets and liabilities are recog- nised in the NTRB Balance Sheet when and only when it is probable that future economic benefits will flow and the amounts of the assets or liabilities can be reliably measured. Assets and liabilities arising under agreements equally proportionately unperformed are however not recognised unless required by an accounting standard. No capital liabilities and assets that are unrecognised are reported in the Schedule of Commitments and the Schedule of Contingencies. Unless alternative treatment is specifically required by an accounting standard, revenues and expenses are recogn- ised in the NTRB Income Statement when and only when the flow or consumption or loss of economic benefits has occurred and can be reliably measured. 1.3 Significant Accounting Judgements and estimates In the process of applying the accounting policies listed in this note, NTRB has made the following judgements that have the most significant impact on the amounts recorded in the financial statements; • The value of vested employee benefits has been calculated in accordance with recognition and measurement principles in line with AASB 119. No accounting assumptions or estimates have been identified that have a significant risk of causing a material adjustment to carrying amounts of assets and liabilities within the next accounting period. 1.4 Statement of Compliance Australian Accounting Standards require a statement of compliance with International Financial Reporting Stan- dards (IFRSs) to be made where the financial report complies with these standards. Some Australian equivalents to IFRSs and other Australian Accounting Standards contain requirements specific to not-for-profit entities that are inconsistent with IFRS requirements. The NTRB is deemed a not for profit entity and has applied these require- ments, so while this financial report complies with Australian Accounting Standards including Australian Equivalents to International Financial Reporting Standards (AEIFRSs) it cannot make this statement. Central Land Council - Annual Report 07 - 08 152 Central land CounCil - native title rePresentative bodY notes to and forminG Part of finanCial statements Adoption of new Australian Accounting Standards No accounting standard has been adopted earlier than the application date as stated in the standard. The following new standards are applicable to the current reporting period. Financial instrument disclosure AASB 7 Financial Instruments: Disclosures is effective for reporting periods beginning on or after 1 January 2007 (the 2007-08 financial year) and amends the disclosure requirements for financial instruments. In general AASB 7 requires greater disclosure than that previously required. Associated with the introduction of AASB 7 a number of accounting standards were amended to reference the new standard or remove the present disclosure requirements through 2005-10 Amendments to Australian Accounting Standards [AASB 132, AASB 101, AASB 114, AASB 117, AASB 133, AASB 139, AASB 1, AASB 4, AASB 1023 & AASB 1038]. These changes have no financial impact but will effect the disclosure presented in future financial reports. The following new standards, amendments or interpretations have become effective for the NTRB in the period. There is no material impact on the financial report of adoption of these standards based on NTRB’s initial assess- ment. Amendments: • 2007-4 Amendments to Australian Accounting Standards arising from ED 151 and Other Amendments and Erratum: Proportionate Consolidation • 2007-7 Amendments to Australian Accounting Standards • UIg Interpretation 11: AASB 2 – group and Treasury Share Transactions and 2007-1 Amendments to Australian Accounting Standards arising from AASB Interpretation 11 Future Australian Accounting Standard Requirements: The following new standards, amendments to standards or interpretations have been issued by the Australian Accounting Standards Board effective for future reporting periods. It is estimated that the impact of adopting these pronouncements when effective will have no material financial impact on future reporting periods. • AASB Interpretation 12 Service Concession Arrangements and 2007-2 Amendments to Australian Accounting Standards arising from AASB Interpretation 12 • AASB 8 Operating Segments and 2007-3 Amendments to Australian Accounting Standards arising from AASB 8 • 2007-6 Amendments to Australian Accounting Standards arising from AASB 123 • AASB Interpretation 13 Customer Loyalty Programmes • AASB Interpretation 14 AASB 119 – The Limit on a Defined Benefit Asset, Minimum Funding Requirements and their Interaction Other: The issued standard AASB 1049 Financial Reporting of general government Sectors specifies the reporting requirements of the Australian Government for the General Government Sector, and is not applicable to the opera- tions of the NTRB. 1.5 Revenue Types of revenue The revenues described in this Note are revenues relating to the core operating activities of the NTRB: • Revenues from government are recognised at the time the NTRB becomes entitled to the funding. • Interest revenue is recognised using the effective interest rate method as set out in AASB 139. • Revenue from disposal of non-current assets is recognised when control of the asset has passed to the buyer. • Revenue from the rendering of a service is recognised by reference to the stage of completion of the contract to provide the service. The stage of completion is determined according to the proportion that costs incurred to date bear to the estimated total costs of the transaction. 153 Central Land Council - Annual Report 07 - 08 Central land CounCil - native title rePresentative bodY notes to and forminG Part of finanCial statements Resources received free of charge Services received free of charge are recognised as revenue when and only when a fair value can be reliably determined and the services would have been purchased if they had not been donated. Use of those resources is recognised as an expense. Contributions of assets at no cost of acquisition or for nominal consideration are recognised at their fair value when the asset qualifies for recognition, unless received from another government authority as a consequence of a restructuring of administrative arrangements. Resources received free of charge are recorded as either revenue or gains depending on their nature. Program Funding Agreements Most agreements require the grantee to perform services or provide facilities, or to meet eligibility criteria. Receipts from agreements are recognised as income when received. Where agreement funds have been paid in advance had a stand-ready obligation to return unspent funds, a liability is recognised. Revenues from Government Amounts appropriated for Departmental outputs appropriations for the year (adjusted for any formal additions and reductions) are recognised as revenue, except for certain amounts that relate to activities that are reciprocal in nature, in which case revenue is recognised only when it has been earned. Interest Interest is credited as revenue as it accrues. 1.6 Gains Other Resources Received Free of Charge Resources received free of charge are recognised as gains when and only when a fair value can be reliably determined and the services would have been purchased if they had not been donated. Use of those resources is recognised as an expense. Contributions of assets at no cost of acquisition or for nominal consideration are recognised as gains at their fair value when the asset qualifies for recognition, unless received from another government Agency or Authority as a consequence of a restructuring of administrative arrangements. Resources received free of charge are recorded as either revenue or gains depending on their nature. Sale of Assets Gains from disposal of non-current assets is recognised when control of the asset has passed to the buyer. 1.7 employee Benefits Employee Benefits Liabilities for services rendered by employees are recognised at the reporting date to the extent that have not been settled. Liabilities for ‘short-term employee benefits’ (as defined in AASB 119) and termination benefits due within twelve months are measured at their nominal amounts The nominal amount is calculated with regard to the rates expected to be paid on settlement of the liability. All other employee benefit liabilities are measured as the present value of the estimated future cash outflows to be made in respect of services provided by employees up to the reporting date. Leave The liability for employee benefits includes provisions for annual leave and long service leave. No provision has been made for sick leave as all sick leave is non-vesting and the average sick leave taken in future years by em- ployees of the NTRB is estimated to be less then the annual entitlement for sick leave. The leave liabilities are calculated on the basis of employees’ remuneration, including the NTRB employer super- annuation contribution rates to the extent that the leave is likely to be taken during service rather than paid out on termination. The estimate of the present value of the liability takes into account attrition rates and pay increases through promo- Central Land Council - Annual Report 07 - 08 154 Central land CounCil - native title rePresentative bodY notes to and forminG Part of finanCial statements tion and inflation. Separation and Redundancy provision is made for separation and redundancy benefit payments. The NTRB recognises a provision for termina- tion when it has developed a detailed formal plan for the terminations and has informed those employees affected that it will carry out the terminations. Superannuation The majority of employees of the NTRB are members of Acumen Superannuation Fund which is defined contri- bution fund for NTRB employees. NTRB makes employer contributions to the Acumen at the rate of 9% paid on monthly basis. The NTRB complies with the requirements of the superannuation choice legislation. The liability for superannuation recognised as at 30 June represents outstanding contributions for the final fortnight of the year. 1.8 Leases A distinction is made between finance leases and operating leases. Finance leases effectively transfer from the lessor to the lessee substantially all the risks and benefits incidental to ownership of leased non-current assets. In operating leases, the lessor effectively retains substantially all such risks and benefits. Where a non-current assets is acquired by means of a finance lease, the asset is capitalised at either the fair value of the lease property or, if lower, the present value of minimum lease payments at the inception of the contract and a liability is recognised at the same time and for the same amount. The discount rate used is the interest rate implicit in the lease. Leased asset are amortised over the period of the lease. Lease payments are allocated between the principal component and the interest expense. Operating lease payments are expensed on a basis which is representative of the pattern of benefits derived from the leased assets. The net present value of future net outlays in respect of surplus space under non-cancellable lease agreements is expensed in the period in which the space becomes surplus. 1.9 Borrowing costs All borrowing costs are expensed as incurred. 1.10 Cash and cash equivalents Cash means notes and coins held and any deposits held at call with a bank or financial institution. Cash is recogn- ised at its nominal amount. NTRB cash is received into the OIPC bank account. All payments are made from the CLC operating account. On a regular basis the funds are transferred from the OIPC bank account to the CLC operating account for the value of payments on behalf of the NTRB. 1.11 Financial Assets The NTRB classifies its financial assets in the following categories: • financial assets as ‘at fair value through profit or loss’ • ‘held-to-maturity investments’, • ‘available-for-sale’ financial assets, and • ‘loans and receivables’. The classification depends on the nature and purpose of the financial assets and is determined at the time of initial recognition. Financial assets are recognised and derecognised upon ‘trade date’. The NTRB’s only financial asset as at balance date is cash at bank. There are no financial assets which have been acquired for sale, are part of a portfolio or market, are investments, or are receivable as at balance date. There is no impairment to the financial assets of the NTRB. Effective interest method The effective interest method is a method of calculating the amortised cost of a financial asset and of allocating 155 Central Land Council - Annual Report 07 - 08 Central land CounCil - native title rePresentative bodY notes to and forminG Part of finanCial statements interest income over the relevant period. The effective interest rate is the rate that exactly discounts estimated future cash receipts through the expected life of the financial asset, or, where appropriate, a shorter period. Income is recognised on an effective interest rate basis except for financial assets ‘at fair value through profit or loss’. Financial assets at fair value through profit or loss Financial assets are classified as financial assets at fair value through profit or loss where the financial assets: • has been acquired principally for the purpose of selling in the near future; • is a part of an identified portfolio of financial instruments that the Authority manages together and has a recent actual pattern of short-term profit-taking; or • is a derivative that is not designated and effective as a hedging instrument. Assets in this category are classified as current assets. Financial assets at fair value through profit or loss are stated at fair value, with any resultant gain or loss recog- nised in profit or loss. The net gain or loss recognised in profit or loss incorporates any interest earned on the financial asset. 1.12 Financial Liabilities Financial liabilities are classified as either financial liabilities ‘at fair value through profit or loss’ or other financial liabilities. Financial liabilities are recognised and derecognised upon ‘trade date’. 1.13 Appropriations Receivable Where applicable, these receivables are recognised at the nominal amounts due. 1.14 Other Liabilities Trade creditors and accruals are recognised at their nominal amounts, to the extent at which the liabilities will be settled. Liabilities are recognised to the extent that the goods or services have been received (and irrespective of having been invoiced). Trade creditors are settled on the transfer of funds from the OIPC bank account to the CLC operating account. 1.15 Contingent Liabilities and Contingent Assets Contingent Liabilities and Contingent Assets are not recognised in the Balance Sheet but are reported in the rel- evant schedules and notes. They may arise from uncertainty as to the existence of a liability or asset or represent an asset or liability in respect of which the amount cannot be reliably measured. Contingent assets are disclosed when settlement is probable but not virtually certain and contingent liabilities are disclosed when settlement is greater than remote. 1.16 Financial Guarantee Contracts Financial guarantee contracts are accounted for in accordance with AASB139. They are not treated as a contingent liability, as they are regarded as financial instruments outside the scope of AASB137. 1.17 Acquisition of Assets Assets are recorded at cost on acquisition except as stated below. The cost of acquisition includes the fair value of assets transferred in exchange and liabilities undertaken. Financial assets are initially measured at their fair value plus transaction costs where appropriate. Assets acquired at no cost, or for nominal consideration, are initially recognised as assets and revenues at their fair value at the date of acquisition, unless acquired as a consequence of restructuring of administrative arrangements. In the latter case, assets are initially recognised as contributions by owners at the amounts at which they were recognised in the transferor’s accounts immediately prior to the restructuring. 1.18 Property (Land, Buildings and infrastructure), Plant and equipment Asset Recognition Threshold Purchases of property, plant and equipment are recognised initially at cost in the Statement of Financial Position, Central Land Council - Annual Report 07 - 08 156 Central land CounCil - native title rePresentative bodY notes to and forminG Part of finanCial statements except for purchases costing less than $2,000, which are expensed in the year of acquisition (other than where they form part of a group of similar items which are significant in total). This threshold was increased to $2,000 (2007: $1,000) effective from 1st July 2007. The initial cost of an asset includes an estimate of the cost of dismantling and removing the item and restoring the site on which it is located. Depreciation Depreciable property, plant and equipment assets are written-off to their estimated residual values over their estimated useful lives to the NTRB using, in all cases, the straight-line method of depreciation. Depreciation rates (useful lives) and methods are reviewed at each balance date and necessary adjustments are recognised in the current, or current and future reporting periods, as appropriate. Residual values are re-estimated for a change in prices only when assets are revalued. Depreciation rates applying to each class of depreciable asset are based on the following useful lives: 2007 2006 Motor vehicles and IT equipment 3 to 4 years 3 to 4 years Office equipment and furniture 7 to 10 years 7 to 10 years The aggregate amount of depreciation allocated for each class of asset during the reporting period is disclosed in Note 4(c). 1.19 Impairment of Assets Assets carried at cost, which are not held to generate net cash inflows, have been assessed for indications of impairment. Where indications of impairment exist the asset is written down to the higher of its net selling price and if the entity would replace the asset’s service potential, its depreciated replacement cost. All assets were assessed for impairment at 30 June 2008. Where indications of impairment exist, the asset’s recoverable amount is estimated and an impairment adjustment made if the asset’s recoverable amount is less than its carrying amount. 1.20 Taxation / competitive Neutrality The NTRB is exempt from all forms of taxation except fringe benefits tax and the goods and services tax (gST). Revenues, expenses and assets are recognised net of GST: • except where the amount of gST incurred is not recoverable from the Australian Taxation Office; and • except for receivables and payables. Competitive Neutrality The NTRB does not provide any services on a for-profit basis. Under Competitive Neutrality arrangements, the NTRB is not required to pay Australian Income Tax Equivalent payments to the Government. 1.21 Insurance The NTRB has insured for risks through the government’s insurable risk managed fund, called ‘Comcover’. Work- ers compensation is insured through Comcare Australia. 1.22 Comparatives Where necessary, comparatives have been reclassified and repositioned for consistencies with current year disclo- sures. note 2: events after the balanCe sheet date There were no material events after balance day to be reported. 157 Central Land Council - Annual Report 07 - 08 Central land CounCil - native title rePresentative bodY notes to and forminG Part of finanCial statements 2008 2007 $ $ Note 3: REvENUE Note 3(a) - revenues from government FaCSIA Grant - Operational 2,650,350 3,050,797 Total revenues from government 2,650,350 3,050,797 Note 3(b) - interest revenue Interest from deposits 43,762 54,888 Total interest revenue 43,762 54,888 Note 3(c) - Sale of goods and rendering of services Rendering of services - External entities 3,200 - Total sales of goods and rendering of services 3,200 - Note 3(d) - Net gains from Sale of Assets Motor Vehicles, Plant & Equipment Proceeds from disposal 44,000 - Net book value of assets disposed - - Net gain from disposal 44,000 - Note 4: EXPENSES Note 4(a) - employee expenses Wages & salaries 1,273,879 1,172,346 Superannuation 110,433 97,465 Leave 60,748 75,239 Other employee benefits 25,896 82,285 Total employee benefits expenses 1,470,956 1,427,335 Total employee expenses 1,470,956 1,427,335 There were no expenses incurred for separation or redundancy of employees. The NTRB undertakes to make regular monthly contributions in accordance with the Superannuation Guarantee legislation at the prescribed rate of 9%. Note 4(b) - Supplier expenses Goods from related entities 46,309 - Goods from external entities 254,446 302,528 Services from related entities 449,000 522,275 Services from external entities 470,682 644,102 Workers Compensation premium 15,000 15,000 Total Suppliers expenses 1,235,438 1,483,905 Central Land Council - Annual Report 07 - 08 158 Central land CounCil - native title rePresentative bodY notes to and forminG Part of finanCial statements Note 4(c) - depreciation and Amortisation Depreciation of property, plant and equipment 175,587 169,096 Total depreciation and amortisation 175,587 169,096 The aggregate amount of depreciation or amortisation expensed during the reporting period for each class of depreciable assets are as follows: Motor vehicles 141,647 117,811 Plant and Equipment 33,940 51,285 Total depreciation and amortisation 175,587 169,096 Note 5 - FaCSIA GRANT: Native Title - Operational 2007/2008 2007/2008 Approved Budget Actual $ $ INCOME Other Project Income Bank Interest 32,000 43,762 Other Income - 3,200 FaCSIA Funding 06/07 Unexpended Funds C/Fwd for expend in 07/08 83,370 83,370 Vehicle Disposal 46,000 44,000 Operational 2,650,350 2,650,350 TOTAL INCOME 2,811,720 2,824,682 EXPENdITURE Capital Vehicles 136,000 122,144 Total Capital 136,000 122,144 Operational Salaries CEO/GM or equivalents 140,000 137,500 Corporate staff (eg Accounting admin.) 300,000 292,000 project staff(legal, anthro, field) Attributable 1,101,000 1,093,578 Services Accommodation 150,500 153,323 Motor Vehicles Corporate 25,000 28,000 Motor Vehicles Attritbutable 40,500 46,745 Repair and Maintenance Equipment 13,000 32,024 Repair and Maintenance Buildings 3,000 11,960 Bank Charges 1,000 909 Audit Fees 12,000 20,900 Consultants Corporate 6,000 3,671 Consultants Attributable 190,000 208,631 Communications Telephones, Fax and IT 87,700 90,081 Insurance - Other 15,000 15,000 Insurance - Assets 17,000 20,205 Insurance Professional Indemnity 23,000 16,621 Corporate HR / Finance / propertyServ / Library 140,650 128,676 159 Central Land Council - Annual Report 07 - 08 Central land CounCil - native title rePresentative bodY notes to and forminG Part of finanCial statements Note 5 - FaCSIA GRANT: Native Title - Operational continued 2007/2008 2007/2008 EXPENdITURE cont Approved Budget Actual $ Training & development Governing Committee 3,500 5,104 Staff 50,000 47,232 Meetings Governing Committee 12,000 9,915 Members (Meetings) 18,000 9,500 Claimants (Meetings) 35,000 32,582 Attributable Other meetings expenses 12,000 17,650 Travel & Allowances Chairperson 9,000 4,264 Other Governing Committee members 20,000 9,475 Members (Travel) 20,000 20,795 Claimants (Travel) 50,000 43,090 Staff (Travel) Corporate 28,000 20,463 Staff (Travel) Attributable 50,500 45,088 Supplies & Consumables Corporate Ext.Copying / Office Sup 15,000 27,571 Attributable Other Expenses 4,000 1,773 Other 06/07 C/Fwd Office Fit-Out - Corporate Corporate 83,370 83,370 2,675,720 2,677,695 BALANCE AS AT 30 JUNE 2008 - 24,843 Consistent with Note 1.1, the NTRB maintains accounts on an accrual basis, however, this statement is prepared on a cash basis consistent with the terms and conditions of the Native Title Grant. This includes approved expenditure utilising prior year funds carried forward ($83,370). The balance of $24,843 represents funds approved and committed but unexpended during the period Note 6: NON FINANCIAL ASSETS 2008 2007 $ $ Note 6(a) - infrastructure, Plant and equipment Motor vehicles - at cost 551,171 578,876 Accumulated depreciation (261,811) (270,014) 289,360 308,862 Plant, furniture and equipment - at cost 96,426 188,537 Plant, furniture and equipment - at valuation 92,111 Accumulated depreciation (155,071) (121,130) 33,466 67,407 Total Infrastructure, plant and equipment 322,826 376,269 At 30 June 2004 an independent valuation on plant, furniture and equipment was completed by Michael pankhurst, Senior Valuer, Rodney Hyman Asset Services. Central Land Council - Annual Report 07 - 08 160 Central land CounCil - native title rePresentative bodY notes to and forminG Part of finanCial statements Note 6(b) – Analysis of Property, Plant and equipment Table (A): Motor Plant & TOTAL Reconciliation of the opening and closing balances of property, plant and equipment 2007/2008 vehicles Equipment $ $ $ As at 1 July 2007 Gross book value 578,876 188,537 767,413 Accumulated depreciation/amortisation (270,014) (121,130) (391,144) Opening net book value 308,862 67,407 376,269 Additions By purchase 122,145 - 122,145 Net revaluation increment - - Depreciation/amortisation expense (141,647) (33,940) (175,587) Recoverable Amount write-downs - - - Disposals Disposals gross value (149,850) - (149,850) Disposals accumulated depreciation 149,850 - 149,850 As at 30 June 2008 Gross book value 551,171 188,536 739,707 Accumulated depreciation (261,811) (155,070) (416,881) Net book value 289,360 33,466 322,826 Motor Plant & TOTAL Table (B): Reconciliation of the opening and closing balances of vehicles Equipment property, plant and equipment 2006/2007 $ $ $ As at 1 July 2006 Gross book value 358,394 163,312 521,706 Accumulated depreciation/amortisation (152,203) (69,845) (222,048) Opening net book value 206,191 93,467 299,658 Additions By purchase 25,790 250,712 224,922 Adjustments Expense (4,441) (564) (5,005) Net revaluation increment - - - Depreciation/amortisation expense (117,811) (51,285) (169,096) Disposals Disposals gross value 161 Central Land Council - Annual Report 07 - 08 Central land CounCil - native title rePresentative bodY notes to and forminG Part of finanCial statements TOTAL Table (B): cont Motor Plant & Reconciliation of the opening and closing balances of vehicles Equipment property, plant and equipment 2006/2007 $ $ $ As at 30 June 2007 Gross book value 578,876 188,537 767,414 Accumulated depreciation (270,014) (121,130) (391,144) Net book value 308,862 67,407 376,269 Note 7: PROvISIONS 2008 2007 Note 7(a): employee Provisions $ $ Leave Provisions 227,921 199,223 Aggregate employee entitlement liability 227,921 199,223 Employee provisions are categorised as follows: Current 145,116 113,223 Non-current 82,805 86,000 227,921 199,223 Note 8 - CASh FLOw RECONCILIATION reconciliation of operating deficit to net cash from operating activities Operating surplus/(deficit) before extraordinary items (140,668) 25,349 Non-Cash Items Depreciation of plant & equipment 175,587 169,096 Gain on disposal of assets (44,000) - Changes in Assets and Liabilities Increase /(Decrease) in employee liabilities 28,698 75,239 Net cash from/(used by) operating activities 19,616 269,684 Note 9 - dIRECTOR REMUNERATION There were no director remuneration payments made during the period with NTRB monies. Note 10: CASh Cash at bank and on hand - NTU account 24,843 83,370 Balance of cash as at 30 June shown in the Statement of Cash Flows 24,843 83,370 Cash at bank – accounts are recognised at their nominal values. Interest, which is earned at the daily prevailing rate (5.975%), is credited to revenue as it accrues and is paid semi-annually. Central Land Council - Annual Report 07 - 08 162 Central land CounCil - native title rePresentative bodY notes to and forminG Part of finanCial statements Note 11 - AUdITORS REMUNERATION 2008 2007 $ $ Remuneration to the Australian National Audit Office for auditing the financial statements for the reporting period. The fair value of services provided was: 9,900 11,000 9,900 11,000 The Audit Fees disclosed above were treated as expenses in the period (FMO 23.1). Only audit services were provided by the ANAO during the reporting period. Note 12 - EMPLOYEE NUMBERS The staffing levels for the NTRB as at 30 June were: 20 20 Note 13: FINANCIAL INSTRUMENTS Note 13(a) – categories of financial instruments Financial Assets Loans and receivables Cash at bank 24,843 83,370 carrying amount of financial assets 24,843 83,370 The carrying amounts are a reasonable approximation of fair value. The NTRB has not transferred financial assets whilst maintaining an involvement. Note 13(b) – Net income and expenses from financial assets and liabilities Loans and receivables Interest revenue (see note 3(c)) 43,762 54,888 Net gain/(loss) loans and receivables 43,762 54,888 Net gain/(loss) from financial assets 43,762 54,888 There was no income or expense to be recognised from financial liabilities of the NTRB. Note 13(c) – credit risk The NTRB is not exposed to credit risk as recievables are short term; are due under legislation or contract; or are recievable from the Australian Taxation Office in the form of a gST refund. As at 30 June 2008 there were no receivables for the NTRB. Where incurred, all debtors are unsecured and as such, the carrying value of the net receivables represents the amount exposed to credit risk. Note 13(d) – Liquidity risk and market risk The NTRB’s liabilities are employee liabilities. The NTRB in its present form with its present programs is dependent on Government policy and on continuing appropriations by Parliament. The NTRB manages its budget to ensure it has adequate funds to meet payments as they fall due. Financial liabitlies at 30 June 2008 are $Nil. There is no market risk relating to NTRB financial assets or liabilities. 163 Central Land Council - Annual Report 07 - 08
"here - Central Land Council"