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Aboriginal Land Rights (Northern Territory) Act - Reports for - Central Land Council - 1992-93


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Central Land Council Annual Report L ___ 1992-93___

A U S T R A L I A ,.^

Central Land Council 33 Stuart Highway Alice Springs Northern Territory

Telephone (089) 51 6211 PO Box 3321

Facsimile (089) 53 4343 Alice Springs

N.T. 0871

1 December, 1993

The Honourable Robert Tickner, M.P. Minister for Aboriginal Affairs, Parliament House, Canberra,

A.C.T. 2600

Dear Minister,

In accordance with Section 37A of the Aboriginal Land Rights (Northern Territory) Act 1976,1 have pleasure in presenting the Annual Report for the Central Land Council together with the audited financial statements for the year ended 30 June 1993.

Yours sincerely,

B. Breaden Chairman

Contents C hairm an’s R e p o rt............................................................................................................... 1

Introduction............................................................................................................................6

D irector’s R e p o rt.......................................................... 8

Land Acquisition Land Granted After Claim ........................................................................................11

Land Claim Reports and Recommendations..........................................................15

Land Claims — Still to be resolved........................................................................15

Land Claim Hearings................................................................................................ 18

Land Claim Preparation............................................................................................ 19

Land Purchases......................................................................................................... 20

Stock Routes and Stock Reserves — Last of the “Red Areas” ............................21

Community Living Areas (Excisions) on Pastoral Properties..............................25 C ulture and Heritage Sacred S ite s...............................................................................................................31

The Northern Territory Aboriginal Sacred Sites Act 1989 .................................. 31

Sacred Site Protection on Non-Aboriginal L and................................................... 32

Sacred Site Protection on Aboriginal L and............................................................34

Control of Cultural M aterial.................................................................................... 35

Women’s Law and Culture...................................................................................... 37

Land Use and M anagem ent Looking after Country — Aboriginal Land Management.................................... 39

Community Development....................................................................................... 39

Aboriginal Pastoralism............................................................................................ 41

Environmental M anagem ent...................................................................................43

T ourism ..................................................................................................................... 46

National Parks and R eserves...................................................................................47

Aboriginal Road P rojects........................................................................................ 50

Land Management Agency L iaison....................................................................... 50

Land Use Clearances....................................................... 50

Exploration and Mining on Aboriginal L and.........................................................51

R epresentation and Policy The High Court's “Mabo” D ecision....................................................................... 58

Policy and Representation....................................................................................... 62

Public Relations, Information and Media...............................................................70

A dm inistration and Finance Funding and Budget Process...................................................................................72

Receipts in Respect of Aboriginal Land.................................................................72

Office Development.................................................................................................74

Information Services................................................................................................75

Staff Development....................................................................................................76

A uditor’s R e p o rt.................................................................................................................77

Financial S ta tem en ts.................. 78

(iv) Central Land Council Annual Report 1992-

Maps Central Land Council Regions and Com munities....................................................3

Warumungu A greem ent................................................... 14

Aboriginal Land Granted or Under C la im ............................................................ 16

Aboriginal Land — Scheduled Stock Routes and R eserves............................... 22

Tables and Charts CLC Members 1992-93............................................................................................... 4

CLC Executive Members 1992-93.............................................................................5

Aboriginal Land Granted or Under C la im ............................................................ 17

Aboriginal Land — Scheduled Stock Routes and R eserves............................... 23

Excision Application Progress T a b le ...................................................................... 27

Organisation Structure............................................................................................... 73

Explanatory Boxes The Land Claim Process............................................................................................ 12

Central Land Council Policy on Sacred O bjects................................................... 35

Non-Aboriginal Acquisition of Sacred Objects — The Horn E xpedition.........36 The Mining Provisions of the Land Rights A c t .....................................................53

The Aboriginal Peace P la n ....................................................................................... 59

♦Map Information Sources: Location of communities — the Northern Territory Department of Lands and Housing Aboriginal Communities (1991) State and Territory border data — AUSLIG TOPO-IOOK database

Cadastral data — Northern Territory Department of Lands and Housing

Central l.and Council Annual Report 1992-93

Note: Kunmanara and Kumantjay are substitute names used when the name o f the person is the same as, or sounds like, the name o f someone recently deceased.

M r B. Breaden, Central Land Council Chairman

Kunmanara Breaden was elected Chairman of the Central Land Council at a Council meeting at

Atnwengerrpe on 29 May 1992.

Mr Breaden is a Luritja man who was bom on Tempe Downs station, south west of Alice Springs. Like many of his generation he stayed near his country by working and raising his family on cattle stations throughout Central Australia. He now lives at Wanmarra (Bagot Spring), a small “living area” excised from the Watarrka/Kings Canyon National Park, which was originally part of Tempe Downs station.

He is a respected leader who has fought hard over many years for the rights of Aboriginal people.

A founding member of the Luritja Land Association in the early 1970s, he has been active in the land rights struggle for more than 20 years. He is a senior traditional landowner and claimant in the still unresolved Lake Amadeus land claim. Despite continual setbacks, he has struggled for many years to win back land for his people.

Reporting his findings on the claim, Mr Justice Michael Maurice said of Mr Breaden, "... one cannot but admire his tenacity in trying to preserve the separate culture o f the people he regards as Luritja.

Mr Breaden was a founding member of the Central Land Council and has been a delegate since its inception. He has served on the Council Executive many times, has held the post of Deputy Chairman for six and a half years and was also serving as Acting Chairman of the Council at the time of the Uluru- Katajula handback in 1985.

(vi) Central Land Council Annual Report 1992-93

Chairman’s Report This Annual Report of the Central Land Council tells about the work the delegates and the staff have done over the last year. This report shows the facts and figures that the Central Land Council must provide under the Land Rights Act so that everyone can see that we are doing our job properly.

This report tells a lot about the work of the CLC, but it can only tell a small part of the story. It is very

hard to tell about our struggle to people who don’t know what our life is and what our land means to us. Our struggle is for our land, for the right to control what happens on it and for our culture — to run our own lives.

This year was the year that the Warumungu people finally got back the title to the land they won back under the Land Rights Act. When the Land Rights Act came in 1977, the Warumungu had no land of their own left. They had been pushed from one place to another, to make way for pastoralists and for mining, until all the reserve land that was put aside for them was gone. But the Warumungu still kept their language

strong and their culture strong. Like the Gurindji, the Warumungu had to walk off one of the cattle stations on their land because the conditions were so bad.

In 1978 the Warumungu lodged their land claim, but winning back their land was a very hard struggle. First the Northern Territory Government tried to expand the town boundaries of Tennant Creek to 270 square kilometres, the size of a big city, to prevent the area around the town being claimed. Later the Northern Territory Government secretly alienated nine out of 12 areas under claim just before the claim

was due to be heard in 1982. The Warumungu had to go to court many times, including the High Court, before they were able to go ahead with their claim in 1985. Even after that, the Warumungu people had to go back to the Federal Court and the High Court, before the Land Commissioner, Justice Maurice, was able to make his report. Justice Maurice made no bones about what a bad deal the Warumungu had had

when he recommended the return of a lot of the land they had claimed.

There were two title ceremonies this year to return land to the Warumungu. The Minister for Aboriginal and Torres Strait Islander Affairs, Robert Tickner, said that the Warumungu’s struggle was one of the greatest struggles in the history of land rights. It took 15 years for the Warumungu to win back

the land which they had the right to claim under the Land Rights Act, and I’m sorry to say they are still waiting for the NT Government to return some of the special places which they have promised in return for the Warumungu giving up their claim on some of the land they are entitled to.

Many people in the CLC region can’t claim their land back under the Land Rights Act because it is under pastoral lease. Some of us have been able to get a small area — called an excision — to live on. I call it a matchbox. Many people can’t even get that. This Annual Report tells how hard it is to get a living

area under the Northern Territory Government’s law.

The Northern Territory Government criticises Aboriginal people when they buy a cattle station. All together, Aboriginal people have been able to buy back 13 cattle stations in the CLC region. That’s less than one for every year of land rights. Often it is the only way the traditional landowners can get a place to live. Buying the land gives us the chance to look after our country properly and because many

Aboriginal people have worked hard, long years in the cattle industry they have the experience to run the

Central Land Council Annual Report 1992-93 1

Central Land Council Regions and Communities

Central Land Council Annual Report 1992-93

Central Land Council Members 1992-93 at 30 June 1993 (Executive members in bold)

Mbantarinja Council Region 1 Max Stuart

Tang entyere Council Geoff Shaw

Ntaria

Joseph Mantjakura Lesley Brokus Raelene Silverton

Wallace Rockhole

Elva Cook Amy Pareroultja Ralf Marlbunka Gus Williams

Barry Abbott

Iwupataka Ian Liddle

Ltyentye Apurte Louie Ryder

Amoonguna Wen ten Rubuntja

Kaltukatjara

Region 2 Ronnie Allen

Kaltukatjara Outstation Mick Miama Mutitjulu MalyaTeamay

Apatula Robert Housten

Titjikala Phillip Wilyuka

Upunu B Breaden

Areyonga Geoffrey Wheeler

Imanpa J George Smith

Tarrawarra

Geoffery Momoo Ben Clyne

Walytjatjata Alison Hunt

Mistake Creek

Region 3 Don Cameron

Waterloo Mick Inverway

Daguragu Jack Cook

Daguragu Outstation Ray Duncan Lajamanu Lindsay Herbert

Lajamanu Outstation Doug Johnson Paddy Patrick

Wirliyajarrayi

Region 4 Elwin Jurra

Y umtumu

Johnny Kitson Rex Granites

Yumtumu Outstations Dennis Williams S Tilmouth

Nyirrpi

Sampson Japaltjari Martin Harley Nelson

Yuelamu Frankie Japanangka

Nturiya

Don Morton Billy Jampijinpa

Pmara Jutunta J Dixon

Awele Patch Price

Pawu Benny Nelson

Laramba Willy Dixon

Region 5

Walungurru Ronnie Jampijinpa

Riley Major

Papunya Sid Anderson

Dalton Abbott

Mt Liebig Leo Menzie Peterson

Terry Jampijinpa

Ikuntji Morris Jugadai

Ikuntji Outstations Joe Multa

Mbunghara Mick Wagu

Region 6

Kumndi Michael Jones Jampijinpa

Tennant Creek Topsy Nelson Napurrurla

J Stokes Jangala J Charles

Ngurrutiji Pat Murphy

Epenarra Benjamin Beasley

Tara Jacky Jugadai

Alekarenge Alan Haywood

Dean Camphoo J Holmes

Ipmangkere Fred Camphoo

Wilora Clem Pulthara

Kunayungku George Brown Jungarrayi

Purrukwarra Tony Willy

Mangalawurru Toby Brodie

Region 7

Amperlatwatye Peter Morton

Payntatyerreme Dudley Petrick

Alpurrurulam Smart Rusty

Ankerrapwe George Gluff

J Skinner

Ngkwarlerlaneme Kenny Pitjarra Atnwengerrpe Quartpot Corbett

Region 8

Apintetyarre N Bloomfied

Arrwekete Steven Bob

Bony a Archie Cleary

Atula Michael Rief

Atitjere Tony Petrick

4 Central Land Council Annual Report 1992-93

Central Land Council Executive Members 1992-93

Raelene Silverton

Kunmanara Breaden

Ben d y n e Lindsay Herbert

Paddy Patrick

Kumantjay Charles

Rex Granites

Kumantjay Skinner

Sid Anderson

Tony Pet rick

Centra! Land Council Annual Report 1992-93 5

(ii) until those estates or interests have been so acquired, to negotiate with those persons with a view to the use by Aboriginals of the land in such manner as may be agreed between the Land Council and those persons;

(e) to negotiate with persons desiring to obtain an estate or interest in land in the area of the Land Council —

(i) where the land is held by a Land Trust - on behalf of traditional Aboriginal owners (if any) of that land and of any other Aboriginals interested in the land; and

(ii) where the land is the subject of an application referred to in paragraph 50 (1) (a) — on behalf of the traditional Aboriginal owners of that land or on behalf of any other Aboriginals interested in the land;

(0 to assist Aboriginals claiming to have a traditional land claim to an area of land within the area of the Land Council in pursuing the claim, in particular, by arranging for legal assistance for them at the expense of the Land Council;

(fa) to negotiate and enter into agreements, as necessary, for the purposes of subsection 70 (4);

(g) to compile and keep -(i) a register recording the names of the members of the Land Council; and

(ii) a register recording the names of the members of the Land Trusts holding, or established to hold, Aboriginal land in its area and descriptions of each area of such Aboriginal land; and

(h) to supervise, and provide administrative or other assistance for, Land Trusts holding, or established to hold, Aboriginal land in its area.”

The Council The Council is the supreme policy making body. It meets at least four times a year in different locations. Although meetings are generally open to all Aboriginal people in the Central Land Council area, the right to hold office and vote is vested in the Council members.

Communities within the Central Land Council area nominate a member (or members) to be on the Council. The allocation of membership numbers to communities and the list of communities represented are subject to review by the Council and to approval by the Minister. In 1992-93 the Central Land Council was comprised of 81 members representing 61 communities.

In 1992-93 four Council meetings were held:

25-27 August 1992 (Mistake Creek) 27-28 October 1992 (Alula)

2-3 March 1993 (Loves Creek/Limbla) 11-12 May 1993 (Alpurruralum)

The Executive The Council members elect and delegate powers to the Executive which meets between Council meetings. The Executive was elected at the Arraculara meeting on 29 October 1991.

The Executive is comprised of 10 members: the Chairman, the Deputy Chairman and an extra member (elected by the full membership); and eight others (elected by the delegates from each of the eight regions). New elections for Executive positions will be held in October 1994. The Chairman works full-time for the Land Council.

In 1992-1993 Executive meetings were held at Alice Springs on 8 July 1992; 25 November 1992; 16 February 1993.

The Director The Council employs a Director to oversee the day-to-day activities of the Land Council and the implementation of policy as determined by the Council and the Executive.

An Assistant Director and a small support staff assist the Director. Divisional managers oversee the daily operations of the four divisions and are responsible to the Director.

Central Land Council Annual Report 1992-93 7

The Northern Territory Government has indulged in unashamed “bashing” of land councils and

Aboriginal people. They have made no secret of their aim to try to use the Federal Government’s

1 legislation on Mabo as a lever to undermine the strength of Aboriginal freehold title under the Land

Rights Act and to continue to use Aboriginal people and their rights as a political football. The

announcement of the creation of a new ministry for Aboriginal “Development” was accompanied by

a promise of $600,000 in funding — not for improved services or new projects — but to attempt to

divide Aboriginal people by funding “breakaway” land councils and duplicating services already provided by existing councils operating under the Aboriginal Land Rights Act.

While the Commonwealth Government has this year fulfilled all its obligations under the

Memorandum of Agreement on the provision of living areas for Aboriginal people dispossessed by the

pastoral industry, the excisions process established by the Northern Territory Government under that

agreement has remained virtually at a standstill, with only one title — a consent agreement — granted

in nearly four years since the signing of the Memorandum. This means that thousands of Aboriginal

people are caught in a frustrating and apparently endless bureaucratic maze which will never give them

secure title or the opportunity to establish a home on their own land.

The Northern Territory Government has escalated its campaign against the right of Aboriginal

people to control access to their land.

The Northern Territory Government now has a policy of vetting the terms and conditions of any

agreement before it will issue exploration licences, and will even litigate against companies and

traditional Aboriginal landowners, as the Stockdale case demonstrated. It is ironic that a Government

which champions free enterprise chooses to interfere in commercial agreements between Aboriginal

people and mining companies.

Despite the ongoing campaign by the Northern Territory Government and the mining industry to

further undermine the rights Aboriginal people have won under the Aboriginal Land Rights Act, I am

pleased to report that the CLC has successfully concluded negotiations with several mining companies

for the grant of exploration licences over large areas of Aboriginal land in the CLC region.

It is clear that some mining companies are willing and able to work with Aboriginal people, and

provided their concerns on the protection of sacred sites and the environment arc met, Aboriginal people

are willing to negotiate with mining companies about development on their land. Agreements covering

these exploration licences have received the consent of the Council and will be signed at formal

ceremonies in the near future.

The success of these negotiations is proof that the Land Rights Act provides a clear process which

works for both miners and Aboriginal people — a process which respects Aboriginal people’s concern

for their country and commitment to protect sacred sites, avoids disputes and leads to development for

the benefit of all parties.

The Northern Territory Government’s campaign against Aboriginal rights has largely been directed

against the right to consent to development on their land, but it appears the Northern Territory

Government does not believe Aboriginal people should have any rights over their land.

Central Land Council Annual Report 1992-93 9

Land Acquisition The claiming and securing of land on behalf of traditional landowners is one of the most important of the statutory functions of the Central Land Council. Under section 50 of the Act, the Central Land Council may lodge land claims over unalienated Crown land and land in which all estates and interests

are owned by or on behalf of Aboriginal people.

The land claim process is outlined in the explanatory box on page 12.

The Central Land Council also represents some thousands of Aboriginal people whose traditional land has been alienated, for example by a pastoral lease, and is therefore beyond claim.

For these people, the only possibility of gaining secure title to land was to get a “living area” excised from alienated land, or through slow and costly claims over small sections of disused government-owned stock routes and reserves which traverse pastoral leases.

A Memorandum of Agreement between the Commonwealth and Northern Territory Governments in September 1989 appeared to offer some hope of a solution for these dispossessed people. However the Central Land Council’s strong reservations about the resulting Northern Territory legislation have unfortunately been confirmed. After more than three years, only one new title has been granted under the new legislation in the Central Land Council region.

Land Granted after Claim Wakaya-Alyawarre Land Claim The Wakaya-Alyawarre Land Claim was lodged on the 20 March 1980 and was a claim to an area known as the Wakaya Desert to the south-east of Tennant Creek. The claim was subsequently amended

to include the Animbra Commonage and a Quarantine and Stock Holding Reserve which were contiguous to land the subject of the original application.

The hearing of the claim commenced in April 1989. The hearing was only for the western region of the claim area — the central area became the subject of settlement negotiations resulting in the return of the land under Northern Territory freehold title, and the claim to the eastern portion of the area was adjourned to a later date.

On 8 May 1990 the Commissioner presented his Report on Part A of the Claim to the Minister for Aboriginal Affairs. He recommended that the northern and southern portions of the claim area should be returned to traditional landowners.

On 22 October 1992 at a handback ceremony held at Purrukwarra outstation the Governor-General, [ Hon Mr Bill Hayden, presented members of the Wakaya Aboriginal Land Trust and the Anurrctc Aboriginal Land Trust with the title deeds to their country. It was the first time since the handback of the Uluru - Kata Tjula title deeds that a Governor-General of Australia had attended a hand back ceremony.

Tanami Downs Land Claim At a ceremony held on 21 December 1992, the title to Tanami Downs Pastoral Lease was handed back to traditional landowners. The pastoral station lease had been purchased by the Aboriginal Development Commission in early 1989 and the land claim for the 4200 square kilometres comprised in the lease was

lodged soon thereafter.

The hearing of the claim commenced in September 1989 and the Commissioner handed down his findings, which recommended all the land subject to claim should be granted to traditional landowners, in March 1992.

The traditional landowners have established a community on the station and continue to run a successful enterprise on the land.

L

Central Land Council Annual Report 1992-93 11

Senior traditional landowner Tony Witty accepts title on behalf of the Wakaya Aboriginal Land Trust from the Governor-General, Hon Bill Hayden, at Purrukwarra outstation

The Land Claim Process

T he first step in claiming land under the Land Rights Act is the lodgem ent of a land claim with the Aboriginal Land Com m issioner. This contains a description of the land claimed and the n a m e s of claimants.

Anthropological resea rc h is then undertaken and may take m any m onths of field work and research to com plete.

Docum entation in support of the land claim is then lodged with the Com missioner pursuant to the practice directions.

T he docum ents the Com m issioner requires are:

• A claim book which usually runs to hundreds of p a g es and contains, am ongst other things, a description of the land, a history of its u se, and an anthropological model of the traditional land tenure system of the Aboriginal claim ants;

• T he genealogies of all claim ants and their families;

• Claim ant profiles which include their date and place of birth, gender, residence and the basis for their inclusion in the claim;

• M aps of sa c re d sites; and,

• A register of sa c re d sites.

All docum ents a re confidential and the Com missioner requires them to be lodged at lea st two m onths prior to the hearing date.

T he Land Com m issioner h ears m ost of the evidence from the claimants on the land under claim. He may be a ssisted by legal counsel and a n anthropologist. Traditional landowners are assisted a t the hearing by legal, anthropological a n d field staff and consultants of the Land Council. The Northern Territory Governm ent h a s continued its practice of employing anthropologists and law yers to represent it at hearings, including cross examining traditional landow ners

or claim ants.

Expert anthropological evidence may b e heard by the Land Commissioner. He also receives subm issions a n d h ears evidence from parties w ho believe they will suffer detrim ent should the land be granted.

The Land Commissioner subsequently reports to the Minister for Aboriginal & Torre Strait Islander Affairs recommending which parts, if any, of the claim should be granted. Acopy of the report is also provided to the Northern T erritory Administrator.

T he Minister then m akes a decision whether to recom m end to the Governor-General that the land be granted.

12 Central Land Council Annual Report 1992-93

Warumungu Land Claim The Warumungu Land claim was first lodged on 9 November 1978. The year 1992-93 saw the return , of title at two major ceremonies to most of the areas recommended by Mr Justice Michael Maurice for grant to the traditional landowners in his report of 8 July 1988.

At the dedication of the Warumungu Mural in Tennant Creek on the morning of the first title ceremony on 21 December the Minister for Aboriginal and Torres Strait Islander Affairs, Robert Tickner, acclaimed the Warumungu Land Claim as "... one o f the greatest Aboriginal land rights struggles in recent Australian history”.

At the title handover ceremony at Kurraya outstation east of Tennant Creek, Mr Tickner returned four title deeds covering an area of 3090 square kilometres to the traditional owners of 10 of the 16 areas of the claim. The Mungkarta Aboriginal Land Trust, which had received title to McLaren Creek Pastoral Lease on 12 May 1992, received title to areas of the Warumungu Land Claim within or adjoining its boundaries. These were the Bonney Well Water Conservation Reserve, Wauchope Commonage and an area of the North-South Stock Route across McLaren Creek.

Aboriginal freehold title to a further seven areas of the claim was handed back in three title deeds to the Warumungu Aboriginal Land Trust. These areas were the Phillip Creek Stock Reserve (including the former Aboriginal mission at Mangkamamta), Whistleduck Water Reserve and 10-mile Bore Water Reserve in the Kurundi area, two small areas of the North-South Stock Route north of Tennant Creek, Ooradidgee (Ngurrutiji) Rockhole Water Reserve on the Gosse River, and a large adjoining portion of

vacant Crown land between the former McLaren Creek Pastoral Lease and the southern boundary of Tennant Creek PastoralLlease.

The Minister paid a special tribute to a recipient of two of the title deeds, Dick Riley Jappanangka, who had led the “Ngurrutiji mob” in the Kurundi walkoff, for his tenacity in leading the Warumungu in a number of High Court actions to preserve the integrity of their claim.

On 1 March 1993 the Minister made a further grant to the Warumungu Aboriginal Land Trust o f290.5 square kilometres at a ceremony at the Tennant Creek racecourse. The area returned excluded areas affected by the town boundary settlement agreement which was achieved after three years of negotiations between the Central Land Council, Northern T erritory Government and the Tennant Creek Town Council.

Under the agreement an area of approximately 40 square kilometres of land recommended for grant is to be withdrawn and made available for future town expansion based on the Draft Tennant Creek Structure Plan. In return the Northern Territory Government will grant freehold title to the Partta Aboriginal Land Corporation for an area of approximately 75 square kilometres north of Tennant Creek in the Tennant Creek Telegraph station vicinity, incorporating three areas of great cultural significance to Warumungu people which were not available for claim under the Aboriginal Land Rights (NT) Act

1976. These areas are Kunjarra (the Devil’s Pebbles), the focus of a major sacred site battle in 1989; Jumkurakurr, a focal site for Warumungu traditions and beliefs, given the status of “the dearest place”; and a traditional Warumungu tree burial ground where the skeletal remains held by the South Australian museum of a Warumungu man, Dick Cubadgee, who died in Adelaide hospital in 1889 were returned for burial in 1991.

Included in the area granted are large areas of uncontained mining waste associated with the abandoned and unrehabilitated Peko and Nobles Nob mine sites to the east of Tennant Creek now owned by Poseidon Gold Ltd.

The titles delivered by the Minister this year brought the total area of the Warumungu Land Claim granted to approximately 6232.5 square kilometres. Three areas totalling approximately 340 square kilometres which have been recommended for grant remain outstanding. These are the Brunchilly Stock Reserve (Area 13), the South Barkly Stock Route across Brunchilly and Rockhampton Downs Pastoral

Leases (Area 14) and Rockhampton Downs Stock Reserve (Area 15). In late June 1993, with detriment issues resolved to the Minister’s satisfaction by undertakings from traditional landowners, the Minister announced his intention to proceed with the grant of Areas 13 and 15 on 6 July 1993.

L

Central Land Council Annual Report 1992-93 13

Progress toward the resolution of detriment issues and the grant of Area 14 remains retarded by a perception that a grant of the South Barkly Stock Route will create a physical barrier to the continuation of effective management practices across Brunchilly and Rockhampton Downs. This is despite specific rights of access provided for in section 70(4) of th e Aboriginal Land Rights (Northern Territory) Act 1976 for such circumstances. A land-swap proposal received from the lessee of Rockhampton Downs remains

under consideration by traditional landowners. Further unsuccessful attempts were made by the CLC during the year to have surveyors recommence the survey of the stock route across Brunchilly in preparation for grant and to assist in detriment negotiations. The survey was postponed following threats of prosecution from the lessee of Brunchilly, Mr Peter Sherwin, in October 1991.

Warumungu traditional landowners holding title deeds. On 1 March Aboriginal and Torres Strait Islander Affairs M inister Robert Tickner delivered several Warumungu titles and dedicated the Warumungu m ural in Tennant Creek

Land Claim Reports and Recommendations North Simpson Desert Land Claim The North Simpson Desert Land Claim covered the northern portion of the Simpson Desert and included Apiwentye Pastoral Lease (formerly Alula) which was purchased on behalf of traditional

landowners in early 1989. The claim area was bounded on the west by the area subject to claim in the North West Simpson Desert Claim and on the east by Tobermorey station and represented one of the largest, in terms of area, single claims the Central Land Council has made on behalf of traditional landowners.

The Aboriginal Land Commissioner convened the hearing in September and October 1991. In September 1992 the Commissioner presented his report to the Minister. He recommended the majority of the land claimed should be returned to traditional owners. Since the report the CLC has continued to negotiate with the holders of a grazing licence over a small portion of the land claim. Resolution of this

issue will pave the way for a grant of the area recommended for grant.

Land Claims — Still to be resolved Lake Amadeus Land Claim During the first part of the year no progress was made in attempts to achieve a negotiated result for this long running land claim. The appearance of surveyors on the areas recommended for grant in January 1993

prompted the Northern Territory Government to fund an application to the Federal Court by a group of claimants and non-claimants. The application was for an injunction to restrain the Minister for Aboriginal & Torres Strait Islander Affairs from establishing a land trust and recommending the grant of the land.

Central Land Council Annual Report 1992-93 L

15

Aboriginal Land Granted or under Claim Central Land Council Area 30-6-93

fl?il G r a n t e d 1 I U n d e r cl a i m

i Land

Boundary

J V.18

I

- i

16 Central Land Council Annual Report 1992-93

Aboriginal Land Granted or under Claim Central Land Council Area 30-6-93 Schedule 1 Land (former Aboriginal reserves and missions)1

1 Hooker Creek A.L.T. (Lajamanu) 2 Lake Mackay A.L.T. 3 Haasts Bluff A.L.T. 4 Petermann A.L.T. 5 Yuendumu A.L.T. 6 Ltalaltuma A.L.T.

7 Rodna A.L.T.

8 Ntaria A.L.T. (Hermannsburg) 9 Roulpmaulpma A.L.T. 10 Uruna A.L.T. 11 Amoonguna A.L.T.

12 Santa Teresa A.L.T. 13 Iwupataka A.L.T. (Jay Creek) 14 Warrabri A.L.T. (Alekarange)

Schedule 1 Land (former Commonwealth Park) 15 Uluru Katatjuta A.L.T.

Schedule 1 Land (land claim settled by negotiation) 16 Kanturrpa-Kanttaji

Land Granted After Hearing 17 Central Desert A.L.T. 18 Yunkanjini A.L.T. 19 Alyawarra A.L.T. 20 Angarapa A.L.T. (Utopia) 21 Wirliyajarrayi A.L.T. (Willowra) 22 Karlantijpa South A.L.T. 23 Karlantijpa North A.L.T. 24 Katiti A.L.T. 25 Daguragu A.L.T. 26 Yiningara A.L.T. 27 Pawu A.L.T. (Mount Barkly)

28 Yalpirakinu A.L.T. (Mount Allan) 29 Mala A.L.T. (Chilla Well) 30 Karlantijpa South A.L.T. (TCWCD) 31 Karlantijpa North A.L.T. (TCWCD)

32 Warumungu A.L.T. 33 Yingualyalya A.L.T. 34 Mt. Frederick A.L.T. 35 P m er-U lperre-Ingw em irne-A rletherre

A.L.T.

36 Ahakeye A.L.T. (Ti-Tree) 37 Mungkarta A.L.T. (McLaren Creek) 38 Mungkarta 2 A.L.T. 39 Mangkururrpa A.L.T. 40 Wakaya A.L.T. 41 Anurrete A.L.T.

Land Recommended for Grant 42 Lake Amadeus 43 Brookes Soak

44 Harts Range

45 North-West Simpson Desert 46 N orth Sim pson D esert (incoporating

Apiwentye)

47 Warumungu

Hearing Commenced 48 Palm Valley

Hearing Sought 49 Mistake Creek 50 Wampana

Other Land Claimed 2 51 Simpson Desert No.3 52 Wycliffe Well 53 Crown Hill

54 Wakaya/Alyawarre Stage B 55 Frewcna

56 Warumungu/Wakaya 57 Frances Well 58 Wakaya Alyawarre No. 2 59 Kartangarurru, Warlpiri and Walmajcri 60 Loves Creek

61 Alcoota

62 Central Simpson Desert Repeat 63 Lake Amadeus Repeat

1 Each name given for Aboriginal Land is the legal name of the Aboriginal Land Trust (A.L.T.). Common usage names are in parentheses where appropriate. Former stock reserves and routes scheduled under th ^Aboriginal Land Rights (Northern Territory) Amendment Act 1989 are listed in a separate table and shown in greater detail in a separate map. 2 In addition to these claims, small portions of former stock routes remain under claim until Aboriginal land

needs in the areas concerned are met.

Central Land Council Annual Report 1992-93 17

On 10 June 1993 the Commissioner, Justice P Gray, held aprelim inary hearing and found that the basis on which the applicants contend that they are traditional Aboriginal owners of the land is substantially different from the original claim, as two local descent groups are now put forward as the traditional * Aboriginal owners.

The Commissioner also found that information disclosed by more recent research was not available at the time of the previous hearing. On the basis of his findings the Commissioner proposes to proceed with the hearing on the claim area on 27-31 August 1993.

Palm Valley Land Claim The original application for the Palm Valley Land Claim was lodged with the Aboriginal Land Commissioner in August 1980. Subsequently, it became necessary to lodge an amended application in May 1985 to redefine the area under claim.

Fieldwork for the land claim commenced in 1985, and was carried out by consultant anthropologists engaged by the Central Land Council. This research continued over a period of seven years, with the Palm Valley Land Claim finally being set down for hearing in December 1992.

One month before the December 1992 hearing and several weeks after the Central Land Council had lodged all the documentation relating to the land claim with the Aboriginal Land Commissioner, lawyers from Darwin notified the Central Land Council that they had been instructed by a number of Aboriginal people to act on their behalf in the land claim.

It was not clear why these people wanted to have their own lawyers, as they had been cooperating with the Central Land Council anthropologists and lawyers for several years during the preparations for die land claim, and they and their families were listed in the documents which the Central Land Council had given to the Aboriginal Land Commissioner.

Just one week before the scheduled hearing date, the Northern Territory Government sent the Central Land Council a written offer to settle the land claim. The terms of the offer were presented to claimants during the week leading up to the hearing. Claimants indicated that they wanted to negotiate with the Government, but that there was not enough time to do so before the hearing.

At the hearing, which was held at Palm Valley in December, the Aboriginal Land Commissioner adjourned the proceedings at the request of all the parties concerned, so that they could consider the details of the Northern Territory Government’s settlement offer with a view to reaching a negotiated settlement.

Negotiations commenced the next day with a meeting of claimants, their lawyers, representatives from the Conservation Commission of the Northern Territory, and the lawyers representing the Northern Territory Government. However, because of differences between the parties it was not possible to roach a settlement at the meeting. Negotiations are continuing, but if a settlement cannot be reached, the land claim is likely to be heard by the Aboriginal Land Commissioner in 1994.

Land Claim Preparation Mistake Creek Land Claim Following the purchase of this station in July 1991 by the Tjupanyin Aboriginal Corporation, traditional landowners instructed the Central Land Council to lodge a land claim over the pastoral lease.

Situated in the far north west of the Central Land Council’s region, some 125 kilometres south east of Kununurra, the lease covers the country of the Malngin and Nyinin language groups whose dispossession at the hands of the pastoral industry has been documented by researchers for the land claim.

Since the first incursion of Europeans into the area in the 1950s the traditional owners faced violent displacement by cattle duffers and police or were used as cheap labour by a succession of leaseholders. Despite reports from the 1920s which found it “universally admitted" that the pastoral industry was | “absolutely dependent upon the blacks for the labour, domestic and field", the traditional landowners were

forced to accept pitiful living conditions. Indeed, the declining Aboriginal population throughout this region prompted the largest landholder, the Vestey family, to engage researchers to seek a solution. Their primary concern was to retain their labour pool.

Central Land Council Annual Report 1992-93 19

The report was highly critical of Vestey management practices and as a result was never fully published. An edited version was made public in 1987.

For over a decade the Malngin and Nyinin had attempted to reclaim their land by purchasing the lease and gaining control of the land under the Land Rights Act. Research for the land claim is now complete and claim documents will be lodged with the Aboriginal Land Commissioner on 8 July 1993 with the hearing scheduled for 9-15 September 1993 at Mistake Creek,.

As the researchers state in the claim book, “with the acquisition o f Mistake Creek station and the reconstitution o f what was in previous years a major Malngin social and ceremonial centre, there has been a resurgence of emphasis on Malngin identity, andpride in it. Nyinin people too, are moving out o f the shadow of the station empires and town fringes and re-establishing their own identity on outstations... A hundred years after losing control o f their land, the Malngin and Nyinin may yet regain it.”

Central Simpson Desert (Repeat) Land Claim Following instructions from traditional landowners the Central Land Council lodged, in December 1992, a repeat land claim incorporating all parcels of land which were not recommended for grant in the Finke, North-West Simpson Desert and the North Simpson Desert Land Claims.

Land Purchases Despite being the original owners of the country on which the Northern Territory cattle industry is based and a source of cheap labour for pastoralists, Aboriginal people have only been able to take a controlling role in parts of the Territory pastoral industry in the last 15 years.

The CLC has been assisting traditional landowners to purchase and manage properties, many of which have been badly degraded by their non-Aboriginal owners who have often regarded the land as something to be exploited for short term gain rather than as a sustainable economic resource.

Loves Creek Central Land Council staff prepared a submission to the Aboriginal Benefits Trust Account and negotiated with the lessees for some 12 months on behalf of Eastern Arremte traditional landowners. Settlement took place on 24 November 1992 when the Inwemanthwerrere Aboriginal Corporation, an association of traditional landowners, became the registered proprietor of the lease.

Following purchase of the station the new Aboriginal management of Loves Creek, located 80 kilometres east of Alice Springs, completed the first phase of a destocking program to combat the land degradation caused by previous poor management. Although the station has a long history as a pastoral property, it was in decline and in very poor condition when purchased. Two homesteads on the station are both in a state of disrepair and plans to renovate them are now underway.

The traditional landowners requested a land claim be lodged and are now actively participating in the research. It is expected that the claim will be heard by the Aboriginal Land Commissioner early in 1994.

Alcoota In marked contrast to Loves Creek, Alcoota station has been well-managed and is regarded as one of the Northern Territory’s premier properties. The station is well-stocked and equipped with extensive plant and equipment.

After a valuation was obtained and the station and assets thoroughly inspected the Central Land Council’s legal section settled a contract between the vendor (a company operated by the Webb family) and an association of traditional owners of the area, the Alcoota Aboriginal Corporation.

The Aboriginal landowners have now assumed management of the cattle operation. The Alcoota Aboriginal Corporation holds the pastoral lease following the transfer of title in March 1993. Delicate negotiations took place with the holders of a sub-lease on the northern portion of Alcoota known as Waite River. The sub-lessees reached agreement with the Corporation to surrender their sub-lease in exchange for a licence to occupy and a further agreement under s. 11A of the Act for a lease in the event that Aboriginal freehold is granted.

20 Central Land Council Annual Report 1992-93

These lengthy negotiations were necessary to ensure that the whole of Alcoota was available for a land claim to be lodged.

The traditional landowners are hoping to generate additional income by tendering for road maintenance contracts in the area utilising the grading equipment included in the purchase. The station runs over six thousand head of cattle including a stud herd and will provide an economic and educational base for the people of Engawala community, located on the property, and the other traditional landowners.

Stock Routes and Reserves — Last of the “Red Areas” This year saw the completion of the Commonwealth Government’s obligations under the 1989 Memorandum of Agreement with the Northern Territory Government regarding Aboriginal community living areas in the pastoral districts of the Northern Territory. In stark contrast, the Northern Territory

Government’s contribution to resolving Aboriginal land needs under the terms of the Memorandum of Agreement has yielded only one new living area in the three years since enacting its pastoral excisions legislation.

The Commonwealth has now added a total of 35 portions of stock routes and stock reserves throughout the Northern Territory, claimed previously under th c Aboriginal Land Rights (NT) Act 1976, to Schedule 1 of the Act by the passing of the Aboriginal Land Rights (NT) Amendment Act 1989. Although included in Schedule 1 by the commencement of that amendment in 1990, the areas of land concerned, so-called “red areas”, did not become Aboriginal freehold land until boundary surveys were completed, detriment issues resolved, and title deeds finally delivered to members of the respective Aboriginal Land Tmsts by

the Minister for Aboriginal and Torres Strait Islander Affairs. O f the 35 areas, 26 are in the Central Land Council region and nine are in the Northern Land Council region.

At the start of the year, eight of the scheduled areas in the Central Land Council region were still to be granted. Delays in the granting of title to these areas were due largely to the unwillingness of both the Commonwealth and Northern Territory Governments to respond to further efforts made by the Central Land Council to remove discriminatory and excessive road width “standards” being applied to these areas.

By the end of the 1992 calendar year the Minister had delivered title deeds to all the remaining areas.

Wycliffe Well (North-South Stock Route) The ceremony at Purrukwarra outstation, held on 22 October 1992, for the delivery of title for the area of the Wakaya-Alyawarre Land Claim by the Governor-General, Bill Hayden, was also an opportunity for the traditional owners of a small area of the North-South Stock Route near Wycliffe Well to receive their title from the Minister for Aboriginal and Torres Strait Islander Affairs, Robert Tickner. The deed

was accepted by Nugget Jungarrayi on behalf of the Iliyame Aboriginal Land Trust.

Although divided by the Stuart Highway, the area of approximately eight square kilometres will provide the first opportunity for the traditional landowners to live on their traditional land after a lifetime of stockwork on Alroy Downs and other pastoral leases on the Barkly Tablelands, and more recent residence in Camooweal and Tennant Creek. Tragically, Nugget’s father, a northern Kaytetyc man,

passed away without seeing the result of the efforts he had initiated to regain a small foothold on Iliyame country for his family’s benefit.

Gillen Bore Reserve, Burt Creek and McGrath Dam (North-South Stock Route — Yambah) On 23 October 1992 in a ceremony held 45 kilometres north of Alice Springs, the Minister for Aboriginal and Torres Strait Islander Affairs delivered title to three portions of the North-South Slock Route across Yambah Pastoral Lease to the Mpweringe-Amapipe Aboriginal Land Trust. The total area

of approximately 53.5 square kilometres granted includes the Gillen Bore Reserve, and two areas of the North-South Stock Route. All three areas are bisected by the Stuart Highway and were significantly diminished by the Minister’s acquiescence to the Northern Territory Government’s insistence on discriminatory road width standards, which were double the width of the road reserve excluded from pastoral leases in the area.

Central Land Council Annual Report 1992-93 21

Aboriginal Land Scheduled Stock Routes and Reserves (see map opposite)

Schedule 1 Land (former stock routes 76 Rrurtcnge A.L.T. (granted 13/12/91) and reserves) 77 Pantyinterne A.L.T. (granted 13/12/91)

Areas Granted1 78 Akanta A.L.T. (granted 13/12/91)

64 Aherrenge A.L.T. (granted 30/4/91) 79 Pwanye A.L.T. (granted 13/12/91)

65 Atnwengerrpe A.L.T. (granted 30/4/91) 80 Mpweringe-Amapipe A.L.T. (granted

66 Irrmame A.L.T. (granted 23/5/91) 13/12/91)

67 Melknge A.L.T. (granted 23/5/91) 81 Uretyingke A.L.T. (granted 11/5/92)

68 Mpwelarrc A.L.T. (granted 23/5/91) 82 Mpweringe-Arnapipc (2) A.L.T. (granted

69 Apatula A.L.T. (granted 26/10/91) 23/10/92)

70 Apatula A.L.T. (granted 26/10/91) 83 Athenge Lhere A.L.T. (granted 23/10/92)

71 Apatula A.L.T. (granted 26/10/91) 84 Ilparle A.L.T. (granted 23/10/92)

72 Apatula A.L.T. (granted 26/10/91) 85 Ankweleyelengkwe A.L.T. (granted

73 Inamme A.L.T. (granted 26/10/91) 23/10/92)

74 Anatye A.L.T. (granted 25/10/91) 86. Iliyame A.L.T. (granted 22/10/92)

75 Twertentye A.L.T. (granted 13/12/91) 87. Thakepcrtc A.L.T. (granted 20/12/92)

1, These areas were added to Schedule 1 of the Aboriginal Land Rights (NorthernTerritory) Act 1976 through the Aboriginal Land Rights (NorthernTerritory) Amendment Act 1989 and subsequently handed back. They are now Aboriginal Land.

After more than 16 years of unsuccessful efforts to negotiate living areas on Yambah station, traditional landowners instructed the CLC to lodge claims on the stock routes and reserves on Yambah and Bond Springs in the early 1980s. In 1983 the five families concerned formed the Mpwcringe-Amapipc Council, and in 1984 took direct action by setting up camps on McGrath Dam Stock Reserve and further

north on the stock route. The title handover took place at the location of a protest camp established by the families in 1989 on the Stuart Highway to gain public support for “the people that land rights forgot” — Aboriginal people who had been forced off their land by the pastoral industry.

The screening of their story on ABC-TV’s national Four Corners program increased the pressure on the Federal and Northern Territory Governments to seriously address the issues, culminating in the Memorandum of Agreement of 1989. The four small portions of stock routes and reserves granted by the Minister, including the Black Tank Bore Reserve granted to the Land Tmst in December 1991, allow many of the traditional owners of Yambah to finally establish themselves on their traditional country after a long and bitter struggle.

However the land needs of two families remain unresolved as the families arc seeking excisions through the Northern Territory Government’s community living areas process. The application for one living area was referred to the Living Areas Tribunal in July 1992 without result, while the other has been the subject of protracted negotiations to gain the lessee’s written consent to a verbal undertaking that he

would agree to the living area application.

Central Land Council Annual Report 1992-93 23

16-mile Stock Reserve (North-South Stock Route - Bond Springs) Jinka Stock Reserve (Jervois Stock Route - Jinka) Forster Range (North-South Stock Route - Stirling) The ceremony for the delivery of title deeds for the three Yambah areas was also an opportunity for the

Minister to hand over title deeds for three other “red areas”. A prominent traditional landowner involved in many sacred site protection battles in Alice Springs, Thomas Stevens, accepted title for the Athenge There Aboriginal Land Trust, to an area of 38 square kilometres. The areas included 16-mile Stock Reserve and an adjoining portion of the North-South Stock Route on Bond Springs station north of Alice Springs.

Ilparle Aboriginal Land Trust received title to an area of 14 square kilometres of the former Jinka Stock Reserve. The area of the Jinka homestead, built on a sacred site of focal importance to this group was excluded from the grant. Negotiations are continuing to finalise an “in principle” agreement reached between the lessee of Jinka Pastoral Lease and the traditional landowners for a land swap proposal.

The Chairperson of the Ankweleyelengkwe Aboriginal Land Trust, Tommy Jangala, accepted title on behalf of the Kaytetye traditional landowners to an area of 37 square kilometres on the North-South Stock Route across Stirling Pastoral Lease. Provisions were made in the grant for the exclusion of a pastoral access road. The grant provides secure tenure for an established community and will enable further community developments supported by the Thangkenharenge Aboriginal Resource Centre based at Barrow Creek. Kunoth Bore and Mount Solitaire Stock Reserves (Hamilton Downs)

The title deeds to the last of the 26 so-called “red areas” in the Central Land Council region were delivered on 20 December 1992 when the Minister for Aboriginal and Torres Strait Islander Affairs granted title to an area of approximately 30 square kilometres of the Kunoth Bore and Mount Solitaire Stock Reserves to members of the Thakeperte Aboriginal Land Trust.

These areas were also affected by the issue of discriminatory road width “standards” in respect of the Tanami Highway and by negotiations in relation to CSfRO’s research interests in the Kunoth Bore area. The grant of title brought together families who had lived for substantial periods at the Old Hamilton Downs homestead.

The last o f the "Red Areas" — Members o f the Thakeperte A.L. T. and other members o f the Davis and McCormack families, with Aboriginal and Torres Strait Islander Affairs Minister, Robert Tickner, and Northern Territory MHR Warren Snowdon

24 Central Land Council Annual Report 1992-93

Community Living Areas (Excisions) on Pastoral Properties Approximately half of all Aboriginal people within the Central Land Council region do not benefit from land claimed under Section 50 of the Land Rights Act. The majority are people dispossessed from their traditional country by the pastoral industry.

Few, if any, of these people or their descendents will ever have their land needs met under the current Northern Territory legislation relating to the grant of title for community living areas on pastoral land.

The legislation is fundamentally flawed in its failure to recognise traditional land ownership among the eligibility criteria.

Traditional landowners identify the inability to sustain traditional links with their country with escalating social problems, the breakdown of family structures and continuing poor health.

The granting of an excision or living area based on traditional rights would do much to redress these problems. In general, an excision will amount to no more than a fraction of one percent of a pastoral lease. In comparison, the long term benefits to the wider community present a compelling argument for improving the current legislation.

The 1989 Memorandum of Agreement In September 1989, the Northern Territory Chief Minister, Marshall Perron, and Prime Minister, Bob Hawke, signed an historic Memorandum of Agreement between the Commonwealth and the Northern Territory concerning the granting of Aboriginal community living areas in pastoral districts.

The Memorandum stated: Reflecting their joint intention to give effect to their agreement as a matter o f urgency, the two Governments intend that passage o f legislation will be sought in the Commonwealth Parliament and the Northern Territory Legislative Assembly in October 1989. This will provide the necessary

legislative base for the early progress on the granting o f living areas.

The Chief Minister of theNorthem Territory stated that at least 50 groups could be offered community living areas by Christmas of 1989.

On 1 March 1990 the Northern Territory Government introduced the Miscellaneous Acts Amendment (Aboriginal Community Living Areas) Act. The Community living areas legislation is now Part 8 of the Pastoral Land Act 1992.

Nearly four years since the signing of the Memorandum of Agreement and more than three and a half years since the introduction of the legislation, only one new community living area in the CLC region has been granted under the legislation. In contrast, the Commonwealth Government has now kept its undertaking under the Memorandum of Agreement by granting all of the scheduled stock route and reserve areas in the CLC region. The Northern Territory legislation, on the other hand, has clearly not

delivered the titles promised by the Chief Minister.

The previous Northern Territory excisions guidelines failed to recognise Aboriginal peoples’ traditional ties to land and contained restrictive eligibility criteria. The fundamental problems of the guidelines have been built into the excisions legislation.

The Central and Northern Land Councils, which were not consulted on either the Memorandum of Agreement or the legislation, warned that the legislation would not satisfy the land needs of Aboriginal people historically dispossessed of their traditional lands by pastoralism.

However, despite their reservations, the Central and Northern Land Councils agreed to work with the legislation in the hope that it might bring at least some benefit to Aboriginal people in their regions.

Current Situation The only group in the Central Land Council region that has received Enhanced Freehold Title to a new community living area provided for under the Act is the Inelye Aboriginal Corporation on Huckitta Pastoral Lease.

Central Land Council Annual Report 1992-93 25

The Central Land Council has made genuine efforts to cooperate with the Northern Territory excisions process yet the lack of significant progress under this legislation validates the concerns which have been continuously expressed.

Consent Agreements It is evident that even where agreement has been reached between the pastoralist and the applicants, it does not automatically follow that the Minister will agree to issue title (as was anticipated by the Memorandum of Agreement). The manner in which the Department of Lands, Housing and Local Government and the

Minister have chosen to process applications does not reflect the spirit of the Memorandum of Agreement.

Agreement has been reached between the applicants and the pastoralists on five applications. The Minister has not yet approved three of the applications.

In the case of Victory Downs the consent application was lodged in October 1991 but has not been referred to the Minister by the Department of Lands, Housing and Local Government on the grounds that there is a lack of available potable groundwater. Under the Act only the Minister and Tribunal have the power to make determinations about applications and the Departmental officers are therefore acting outside of their jurisdiction. The applicants have been forced to try and re-negotiate with the lessee over an alternative area

which was not favoured by them. The Central Land Council is currently investigating alternative water treatment technologies and will submit an alternative community water strategy to the Minister.

Tribunal The Tribunal cannot itself grant title to a living area. It can only make recommendations to the Minister. The Minister however is not bound by the Tribunal’s recommendations.

The Community Living Areas Tribunal is yet to make any recommendations on the applications in the Central Land Council Region before it.

Once an application is referred to the Tribunal, an enormous amount of information is required. All of the Central Land Council’s applications so far referred to the Tribunal have been made without the agreement of the lessees. Difficulties in proving eligibility and collecting relevant information to complete Tribunal submissions reflect the inadequate and inappropriate legislative criteria. These totally

ignore Aboriginal viewpoints on housing needs and the cultural reality of the meaning of land.

The Tribunal lacks a clear time frame for its deliberations. Combined with the length of time required to prepare and lodge submissions, this means that this stage of the process is at a standstill. Once an application is referred to the Tribunal it will take a minimum of a further three months for submissions. When the Tribunal has this information there are further delays before a decision can uv reached. One completed submission was forwarded to the Tribunal by the Central Land Council more than six months ago. The Tribunal has yet to make a comment or recommendation to the Minister in regard to this application.

Given all of these factors it could take between two and three years, if not longer, before a decision is reached on any one application.

The Role of the Minister The legislation has allowed the Minister to remove himself from the responsibility for making any decisions by referring applications to the Tribunal. The Minister is not using his powers under the legislation to approve consent applications.

Role of the Department of Lands Housing and Local Government The Department of Lands Housing and Local Government’s processing of applications has been marked by inconsistent approaches and bureaucratic delays. Consent applications have been withheld from the Minister despite direct requests by the Central Land Council that matters be referred for his immediate consideration.

The Department of Lands Housing and Local Government have circulated guidelines regarding their role in the negotiation process. The CLC has never agreed to the Department having a facilitating role in

28 Central Land Council Annual Report 1992-93

negotiations. The CLC is not prepared to enter into discussions with the Department about a protocol while fundamental flaws in the legislation remain unaddressed. Progress would be achieved, however, if the Department developed its own internal procedure which is consistent with the legislation.

Water Several excision applications are being further delayed by problems associated with obtaining potable water supplies for the proposed community living areas. While the CLC recognises the importance of establishing potable water supply, it objects to the Department of Lands Housing and Local Government withholding applications from the Minister on this basis. The CLC believes that the inability to immediately

supply a proposed living area with potable water should not affect the applicants’ chances of gaining tide. In cases such as this, applicants are willing to provide undertakings such as carting and the installation of rain water tanks, until alternatives such as water purification technologies or pipelines become available.

To maximise the potential for locating good groundwater the CLC is working to obtain detailed water information prior to lodgement of applications. To assist in this process officers from the water resources section of the PAWA are cooperating with the Central Land Council by providing useful desktop water survey information and simple water quality analyses.

This family have returned to their traditional land on a pastoral lease north west of Alice Springs. Their temporary shelter was erected in 1991. The group have been trying to gain title to a community living area on the pastoral lease for over 15 years

Joint Review Group Representatives from both the Northern Territory Land Councils have attended meetings with the Joint Review Group which was set up under the Memorandum of Agreement to monitor the progress of the granting of community living areas in pastoral districts.

In September 1992 the Chairman of the Joint Review Group stated “the legislation has clearly been down since 1990 and progress has been miserable". Despite these comments the Joint Review Group has failed to recognise the fundamental flaws of the Memorandum of Agreement and the legislation and has failed to recommend any substantial changes to address these flaws. The Joint Review Group considered

submissions from both the Land Councils and the Department of Lands Housing and lx>cal Government and recommended only piecemeal and minor administrative changes to improve the progress.

L

Central Land Council Annual Report 1992-93 29

In a meeting between the Joint Review Group, the Northern Territory Cattlemen’s Association and the land councils held in Darwin on 23 September 1992, the Land Councils presented a submission outlining the fundamental problems of the legislation. The Director of the Northern Land Council, Mr Mick Dodson, pointed out that there had been important developments since the passage of the

legislation, in particular the findings of the Royal Commission into Aboriginal Deaths in Custody, the establishment of the Council for Aboriginal Reconciliation and the High Court decision on the Mabo case. The legislation needed to reflect these developments.

The Land Councils pointed out the fundamental flaws of both the Memorandum of Agreement and the legislation, arguing that the legislation does not reflect the intention and spirit of the Memorandum. The Land Councils said they were not prepared to continue with the Joint Review Group process unless genuine progress in the granting of community living areas could be demonstrated. The Land Councils requested a review of the Memorandum of Agreement but the Chairman of the Joint Review Group said

he did not have the authority to discuss this without Ministerial direction.

Resolutions Passed by the Land Councils Following the unsuccessful meeting with the Joint Review Group the Central Land Council reviewed the living areas problem. At its meeting at Alula in October, the council resolved to:

• call upon the Federal Government to amend the Land Rights Act to include an excisions process;

• instruct the Directors and Land Council staff to advise people seeking an excision on the possibility of taking legal action based upon the principles established in the High Court’s decision on the Mabo case; and

• encourage and support Aboriginal people who are seeking excisions to return to that country and occupy the land.

Prime Minister’s Promise to Review the Excisions Process The Central and Northern Land Councils wrote to the Prime Minister on 28 September 1992; 20 November 1992 and 28 January 1993. In these letters the Land Councils addressed the resolutions passed by the Land Councils and the need to amend the Aboriginal Land Rights Act to allow for excisions from pastoral leases.

The Prime Minister replied to the Land Councils on 18 November 1992 and 23 December 1992, recognising the frustrations of the Land Councils with the lack of progress on current applications, but urging the Councils to continue to work with the process. The Prime Minister wrote that he would review the process if “real and measurable progress” had not been achieved by May 1993. The Land Councils agreed to continue working with the process and attend meetings with the Joint Review Group for a further six months.

A further meeting with the Joint Review Group was scheduled to take place in May 1993. Owing to other commitments, the Chairman of the Joint Review Group postponed the meeting to June 1993, and then again to July 1993.

It is clear that at June 1993 “real and measurable progress” on the granting of community living areas has not been achieved. Only six titles have been issued by the Northern Territory Government in almost three and a half years. Only one title has been granted in the CLC region. Following the July 1993 meeting with the Joint Review Group both Land Councils will write to the Prime Minister demanding Federal action on this matter.

Meanwhile the Aboriginal people seeking the return of small areas of their land on pastoral properties have become increasingly frustrated and disenchanted with the lack of capacity and will of governments to deal with their legitimate needs and aspirations.

30 Central Land Council Annual Report 1992-93

Sacred Sites Sacred sites are an integral part of Aboriginal culture. They are places that bear the marks of the Dreaming, or creation, powers and as such they constitute a link to both the Dreaming and to other Aboriginal people. The paths which the Dreaming ancestors followed and the sacred sites which mark them link people of the various language groups into a wider community of Aboriginal people.

The protection of sacred sites is vital for the continuation of social, spiritual and cultural life, to maintain balance in the environment and as a source of cultural and social identity for Aboriginal people. Much of the development of central Australia over the past century has been at the expense of Aboriginal interests, including sacred sites.

The Central Land Council has a function under Section 23(l)(ba) of the Aboriginal Land Rights (Northern Territory) Act 1976 “to assist Aboriginals in the taking of measures likely to assist in the protection of sacred sites on land (whether or not Aboriginal land) in the area of the Land Council”. As the Act provides for traditional landowners to control access to and development on Aboriginal land, the integrity of sacred sites on Aboriginal land can be assured. However the same cannot be said for sacred

sites which are not on Aboriginal land.

The Northern Territory Aboriginal Sacred Sites Act 1989 This legislation, which was strongly opposed by Aboriginal people, replaced the Aboriginal Sacred Sites A ct1978, weakening the protection of sacred sites on non-Aboriginal land in a number of significant ways.

This law remains unacceptable to the Central Land Council for the following reasons:

• It gives power to the Northern Territory Minister for Lands Housing and Local Government to override the decisions of custodians and authorise work on sacred sites and even the destruction of sites; • The Aboriginal Areas Protection Authority is subject to ministerial direction in a number of areas

and the chief executive officer is appointed by the Government, not the Aboriginal members of the Authority; • The minister is permitted to see secret, sacred information which was provided in confidence and in good faith to the previous authority, the Aboriginal Sacred Sites Protection Authority;

• The law does not require developers to seek a sacred site avoidance work survey before proceeding with a project; • The consultation procedures in the Act isolate individual custodians and have the potential to cause division and conflict amongst Aboriginal families and groups.

These shortcomings have been consistently raised by the Central Land Council and brought to the attention of the Prime Minister and the Minister for Aboriginal and Torres Strait Islander Affairs.

Concerns that the legislation is inadequate to enforce the rights of traditional landowners to protect sacred sites have been confirmed again this year. Traditional landowners have reported several instances where exploration, pastoral, national park and township developments have proceeded without consultation or consideration for site protection. In many cases, developers are unwilling to apply for Authority Certificates under s.20 of the Northern Territory Sacred Sites Act or inform the Central Land Council of

these intended works.

The impact of this negligence on traditional landowners is considerable and yet unnecessary. The Central Land Council is willing and able to carry out consultations which would enable Aboriginal people to protect sites while giving the other party a range of development options without fear of penalty or compromising a future relationship with traditional landowners.

Central Land Council Annual Report 1992-93 31

Sacred Site Protection on Non-Aboriginal Land Proposed Alice Springs Citrus Orchard 1992-1993 may be remembered as the “year of Mabo” — the year in which the High Court’s recognition of traditional native title came to dominate the legal and political landscape of Aboriginal

affairs.

In January 1993 the Northern Territory Government gazetted a proposal to rezone 180 hectares of vacant Crown land within the town boundary in order to clear the way for the development of a citrus orchard.

The Central Land Council consulted traditional landowners and custodians of the area. They did not want to stop the development, but they were concerned to ensure that it would not desecrate sacred sites, nor extinguish their native title. They instructed the Central Land Council to raise their concerns with the Planning Authority and with the Minister for Lands Housing and Local Government and Aboriginal Development, Mr Steve Hatton. On 12 February the Central Land Council lodged a submission with the Planning Authority which raised concerns about the threat which the proposed development posed to sacred sites and the possibility that the rezoning would extinguish their native title. The Central Land Council followed this with two further submissions to the Planning Authority on 9 and 18 March, both of which argued that the rezoning should not proceed before the Aboriginal Areas Protection Authority

(AAPA) had completed its consultations regarding sacred sites protection and made its decision on whether to issue an Authority certificate.

Central Land Council officers met with Northern Territory officials for preliminary negotiations regarding the protection of sacred sites and compensatory arrangements, including the provision of a community living area and identification of employment and training opportunities which might be associated with the orchard development. These negotiations were making steady progress towards a resolution of the native title issues.

The CLC also proposed that the Northern Territory Government should develop a consultative protocol which would ensure that the traditional native title holders elsewhere would be consulted when decisions regarding their land were being made. These discussions took place although there was no formal recognition by the Northern Territory Government of the existence of native title over the proposed orchard area.

On 18 May the Minister for Primary Industry and Fisheries, Mr Mike Reed, announced that the developer had decided not to continue with the project. Unfortunately the Northern Territory Government attempted to fan the flames of anti-Aboriginal sentiment by blaming the native titleholders for this withdrawal. The real reason for the developer’s withdrawal was not made public, however the announcement

followed advice on 14 May from the Aboriginal Areas Protection Authority to Mr Hatton which is believed to have indicated that the proposed development was inconsistent with sacred site protection and that no Authority certificate would be issued. Mr Hatton had previously acknowledged that the development was contingent upon the issue of a clearance certificate from the Authority. Officers from his Department had also made it clear that a number of other procedures, such as the provision of an environmental impact assessment, had yet to be completed.

Lot 1492 (6 Gap Road), Alice Springs — Ntyarlkarle Tyaneme During the year an opportunity arose for the Arremte traditional owners of the Alice Springs (Mpamtwe) area to recover control and ownership of an important feature of a sacred site complex, known as Ntyarlkarle Tyaneme, which is central to their traditional beliefs. The case of Injalkaljanama has been one of the most controversial examples of the deficiencies of Northern Territory sacred sites protection legislation.

The traditional Aboriginal landscape of the Alice Springs area, and in particular, the prominence of the Ntyarlkarle caterpillar in the creation of this landscape, was documented as early as 1927 by the

32 Central Land Council Annual Report 1992-93

famous ethnographers, Spencer and Gillen. Recently there has been more detailed documentation by both the (former) Aboriginal Sacred Sites Protection Authority (ASSPA) and the Central Land Council. Although many of these features, including Ntyarlkarle Tyaneme, had been severely damaged or encroached upon by urban developments, they were nevertheless registered with the Authority in an effort to gain greater protection against further damage.

In late 1983 a large part of an elongated ridge east of the Todd River associated with Ntyarlkarle Tyaneme was wilfully removed by the Department of Transport and Works during the construction of Barrett Drive, a new road built to service the Sheraton Hotel and Alice Springs Casino. The destruction of this part of the site and a large tree also associated with the Ntyarlkarle dreaming went completely

against the discussions then taking place between the Department of Transport and Works, ASSPA and Aboriginal custodians of the site. The present Chief Minister of the Northern Territory, Marshall Perron, was then Minister for Lands, responsible for the, Northern Territory Sacred Sites Act 1979. Mr Perron is believed to have given permission for the work that led to the damage, overriding a written assurance from the Department of Transport and Works that it would not proceed until the sacred sites issue was resolved. Proceedings to prosecute the Minister were begun by ASSPA, but at that time the Northern Territory Sacred Sites Act did not bind the Crown and the action was withdrawn.

With experiences such as the construction of Barrett Drive and, more recently, the Todd River flood mitigation dam proposal, the Mpamtwe people are acutely aware that registration of sacred sites under Northern Territory legislation is inadequate to guarantee their protection against further damage, particularly in dealings with developments initiated by the Northern Territory Government. The Northern Territory

Government’s ownership and occupation of a property near the Todd River, which encompasses a large component of Ntyarlkarle Tyaneme, has therefore been a matter of constant anxiety for custodians.

The feature, a small round hill at 6 Gap Road (Lot 1492), has been severely damaged by roadworks, the construction of a four-bedroom house and adjacent commercial developments. The significance of the damage to Aboriginal people is indicated by the recorded refusal of many Aboriginal people at the time the house was built to attend the hospital opposite because of the desecration of the site. Ironically, the

house constructed at such cost to Aboriginal law was built as a residence for Alice Springs magistrates.

In early 1992 the Northern Territory Housing Commission advertised the property for auction and on 12 July 1992 the Central Land Council assisted the Mpamtwe Sacred Sites Aboriginal Corporation to prepare an urgent application to ATSIC for funds to participate in the auction. ATSIC’s efficient response to their request enabled the Central Land Council to represent the Corporation at the auction.

Although the CLC was unsuccessful at the auction, subsequent negotiations with the purchaser, who was sympathetic to the Aboriginal significance of the site, resulted in the Mpamtwe people buying the property, thus ensuring Aboriginal control over any further development. The Central Land Council is continuing to assist the Mpamtwe Sacred Sites Aboriginal Corporation with the management of the property.

Harts Range Gem Carnival The Central Land Council believes that the lack of public awareness and general education on the issue of sacred site protection are major obstacles to long term public cooperation on site issues. In February 1993 the CLC learned that the Northern Territory Gem Club planned a major carnival and field excursion in the mineral rich region of Harts Range for the end of April.

Alyawarr and Arremte people were not consulted on an event which would involve thousands of gem enthusiasts from around Australia converging on their traditional country. The CLC informed the Northern Territory Department of Mines and Energy and the Gem Club of the need to account for these concerns, then collaborated with the organisers to ensure that the participants were made aware of the need

to respect the Aboriginal culture of this region. By distributing easily accessible information on practical measures to avoid offending Aboriginal people in the region and the signposting of sensitive areas, the gem carnival was able to proceed to the satisfaction of Alyawarr and Arremte people and gem enthusiasts.

Central Land Council Annual Report 1992-93 33

Exploration Activity on non-Aboriginal land — Wunara Aboriginal Corporation The experience of a group granted Northern Territory Freehold title in settlement of a land claim illustrates the difficulties faced by traditional landowners when they do not have the control over access to their land provided by title granted under the Aboriginal Land Rights (NT) Act 1976.

Mr Jack Punch and his family, “the Arruwurra group”, are one of the nine claimant groups in the Wakaya- Alyawarr Land Claim and have been fighting for years to establish an outstation on their country south of the Barkly Highway.

The Arruwurra group accepted a settlement offer from the Northern Territory Government, for the return of a large area of vacant Crown land in the central W akaya Desert under Northern Territory freehold title.

The settlement included a commitment by the Government to establish a bore and shelters for an outstation and provided for the group to nominate a 20 square kilometre mining reserve to protect the outstation and a significant sacred site from mineral exploration activities. Because of difficulties in locating potable water, the outstation was established some kilometres from the sacred site, and the group therefore requested two mining reserves totalling 20 square kilometres. However, the Northern Territory Go vemment refused this request and declared a reserve around the outstation only. Even this was less than the twenty square kilometres originally agreed to.

In the meantime, CRA Exploration Pty Ltd was granted Exploration Licences over some 1340 square kilometres of the Arruwarra group’s land. Although the Aboriginal Areas Protection Authority did some work in the region, the Arruwurra group instructed the Central Land Council that they wanted a formal sacred site protection agreement with CRA. The Central Land Council made a number of approaches to CRA about an agreement with the Arruwurra group, but these were consistently ignored.

The CLC did cause CRA to observe its obligations to pay disturbance compensation pursuant to the Mining Act and, following completion of CRA’s work program in early 1993, a compensation cheque was received from CRA.

The difficulties that the Arruwurra group and the CLC had in dealing with the Northern Territory Government and the mining company highlight the legitimate concerns of Aboriginal people for control over access to their land and the difference between Northern Territory granted freehold title and title provided under the Land Rights Act.

Sacred Site Protection on Aboriginal Land Throughout this year, exploration activity in the Tanami region has been intense with companies in the area continuing to work closely with the Central Land Council on education for mine site workers, the early submission of work programs and collaboration in the protection of sacred sites.

The highly beneficial outcome of this activity, pursuant to Exploration Agreements, is that disputes are eliminated because problems are identified and resolved early in the process of exploration.

Preliminary discussions on site protection have taken place with companies such as Zapopan, Shell, Mackie, Wame and Fox, Yates, Sons of Gwalia, BHP, Poseidon, Yuendumu Mining Company, Tennant Creek Gold and Kia Pacific. Major work area clearance programs have been conducted for Zapopan, Delta Gold, and Western Mining prior to exploration.

In all cases, companies have cooperated by notifying the CLC of anticipated work programs well in advance of commencement. This early notification has allowed traditional landowners and researchers the ti me necessary to conduct fieldwork to assess the impact of exploration on sacred sites and if necessary resume discussions about country where exploration is likely to present difficulties.

Careful research, thorough fieldwork and intensive consultations allow traditional landowners a greater understanding of the purpose and process of exploration and the means to collaborate with companies in areas of mutual concern.

34 Central Land Council Annual Report 1992-93

Control of Cultural Material In April 1992 the South Australian Government exercised its powers under that state’s Aboriginal Heritage Act to require the surrender by Mr Carl Strehlow of a substantial collection of Aboriginal sacred objects and artefacts. Further items were seized from the residence of Mrs K S Strehlow in May 1992. The

maximum period for which these items could be held by the South Australian Government, without the purchase or return to the holders, is 90 days, and that period expired on 29 July 1992 in respect of the surrendered objects.

On 7 July 1992 the Central Land Council applied to the Minister for Aboriginal and Torres Strait Islander Affairs, Mr Tickner, for a declaration pursuant to s. 12 of the Federal Aboriginal andTorres Strait Islander Heritage Protection Act with respect to the sacred objects. The application was made on the basis of information provided to the South Australian Government by the Northern Territory Government and

the Strehlow Research Centre Board, but which was not made available to the CLC, suggesting the objects would be at risk if it was returned. On 23 July 1992 the Northern Territory Government, fearing that the objects would be returned to the Strehlows, also called on the Minister to use Federal powers under the Act to safeguard them.

In response to these calls, legal representatives of the Strehlows confirmed that their clients would not seek the removal of the objects from South Australian Government custody without giving notice to all other interested parties.

Central Land Council Policy on Sacred Objects* 1. That Aboriginal custodians remain the rightful owners of secret and sacred objects and they have the right to decide who shall hold these objects and how and where objects will be held according to Aboriginal law.

2. W here the custodians for sacred objects can be identified and located, and they wish to have their objects returned, these objects must be returned a s soon as possible.

3. If custodians do not wish to have theirobjects returned, their wishes as to the future care, storage and access to their objects must be respected and observed.

4. Where custodians cannot be located, sacred objects should be treated in a way which is consistent with Aboriginal law:

(i) They must not be displayed to the public or viewed by women or children

(ii) Photographs or descriptions of the objects must not be displayed or published

The objects must remain available for identification and return to custodians when and if that is possible.

5. Sacred objects must not be sold or transferred to private or overseas parties because this prevents adequate control over how such objects are stored and handled.

6. Commercial trade in sacred objects is itself offensive to Aboriginal people and culture and the Central Land Council calls on the Aboriginal and Torres Strait Islander Commision and the Commonwealth, State and Territory Governments to discourage such trade and to do all in their power to ensure that sacred objects are returned to the control of custodians.

* Passed by resolution at the Central Land Council meeting at Atnwengerrpe on 27 May

Central Land Council Annual Report 1992-93 35

Non-Aboriginal Acquisition of Sacred Objects — The Horn Scientific Expedition to Central Australia It is impossible to estimate the enormous numbers — hundreds, or possibly thousands — of sacred objects which have been stolen from traditional custodians in Central Australia.

One of the best documented examples is the Horn expedition of 1894.

The purposes of this expedition were very broad and included "the collection of information as to (Aborigines’) manners, customs, and language, and the reproduction of their mural paintings". A number of prominent persons were in the party, including Dr E C Stirling, the Director of the South Australian Museum, C Winnecke, the surveyor, and Baldwin Spencer, the noted Melbourne University biologist and anthropologist. Another member was J

Alexander Watt, a petrologist and field geologist of Sydney University.

A small number of the sacred objects offered for sale by Carl Strehlow in 1992 were collected in 1894 by m em bers of the expedition. The objects from this source which were offered for sale by Carl Strehlow cam e into the possession of TGH Strehlow in the early 1950s. He apparently acquired them from a descendant of J Alexander Watt. They were not the only objects collected by members of the expedition, but the circumstances in which they were taken are very well docu mented in Stirling’s journal of the expedition, and in the works of other

m em bers of the expedition.

These sources describe how the expedition’s members forced their local Aboriginal guide to reveal the whereabouts of the place where the objects were stored, and how they were removed in the full knowledge that they were owned by local Aboriginal people and used by them in various ceremonies. The journals record how the unfortunate guide who revealed the w hereabouts of the storeplace w as killed shortly afterwards by the enraged owners, in consequence of his breach of Aboriginal law.

In the 1970s Professor Strehlow himself, being at the time in possession of som e of the objects in question, described the removal of the objects from the storeplace as a “despicable theft" and “robbery".

This well-documented theft vividly illustrates the way in which explorers and pastoralists, as well as the early missionaries, in their eagerness to plunder the Aboriginal heritage, deliberately ignored both the property rights of the owners and the extremely serious consequences of the removal of the sacred objects.

On 25 August 1992, the day before the seized items would have to be returned to Mrs Strehlow, the Northern Territory Government and the Strehlow Research Centre Board commenced proceedings for an injunction to restrain the South Australian Government from returning any of the objects to the Strehlows. The plaintiffs claimed that they were the owners of some of the surrendered items and the seized material

pursuant to a contract between the Northern Territory and Mrs Strehlow made in 1987. At the time the proceedings commenced, the Central Land Council held instructions from a large number of Aboriginal custodians of the sacred objects to seek their return.

One of these people, a Luritja speaking elder, successfully applied to be joined as a party to the Northern Territory’s action. His claim was made on behalf of himself and others who are the custodians of the objects he claims. The objects claimed by this group included a number of objects which Professor Strehlow acquired from a descendant of a member of the 1894 Horn Expedition to Central Australia (see box above).

The injunction obtained by the Northern Territory Government and the Strehlow Research Centre Board was extended several times and remained in force throughout the year without any advance or development in the litigation. Throughout this period the CLC maintained contact with the would-be vendor’s solicitors but no progress was made towards acquisition of the sacred objects for the Aboriginal custodians.

36 Central Land Council Annual Report 1992-93

Women’s Law and Culture Women’s Law and Ceremony Meeting In late June 1992 the Central Land Council assisted approximately 60 Aboriginal women to attend an important women’s “business” meeting at Yukawala Bore near Bililuna in Western Australia. Following

the success of that meeting, central Australian Aboriginal women were eager to hold a similar meeting in their region.

In response to this request, the Central Land Council sought funding from ATSIC and assisted in the organisation of a similar women’s law and culture meeting on the Alyawarra Aboriginal Land Trust north east of Alice Springs from 15 to 19 March 1993. Despite blistering 40 degree plus temperatures, approximately 700 women from 36 communities in the Northern Territory, Western Australia and South

Australia attended the meeting. Language groups represented at it included Alyawarr, Anmatyerr, Kaytetye, Warlpiri, Warumungu, Luritja, Pintubi, Warlmanpa, Gurindji, Mudburra, Pitjantjatjara, Arremte and Yankunytjatjara.

The four day meeting was a celebration of women’s law and ceremony, with all groups participating and performing. The meeting was seen by the women as an important opportunity for performance and exchange of ceremony with other groups. It was also an occasion to teach young girls and pass ceremony on to the next generation.

The strongest themes of the meeting were the protection of women’s sacred sites and the importance of ceremony to protect the country. The Alyawarr women who hosted the meeting held ceremony relating to the important complex of women’s sacred sites just north of Alice Springs, which had been threatened by the proposed construction of a flood mitigation dam. They spoke strongly about the serious consequences for all

women had the dam construction proceeded. Although the sites are some distance from Alyawarr country, the Dreamings that form the sites connect Aboriginal groups throughout central Australia.

Following the success of this meeting, central Australian Aboriginal women are keen to see it become an annual event. The CLC is preparing submissions to seek ongoing ATSIC funding for further women’s law and culture meetings.

Alyawarr hosts of the Women's Law and Culture meeting, March 1993, ‘‘painted u p ” for Awely ceremonies

Central Land Council Annual Report 1992-93 37

Women Celebrate Dam Victory On 18 November 1992 Arremte women, together with theNgaanyatjarra, Pitjantjatjara, Yankuny tjatjara (NPY) Women’s Council, hosted a victory party to celebrate the success of their long struggle to protect women’s sacred sites threatened by a proposed flood mitigation dam.

Preliminary construction work on the dam at Junction Waterhole, north of Alice Springs, had already begun when the Commonwealth Minister for Aboriginal and Torres Strait Islander Affairs, Mr Robert Tickner, announced his decision in May 1992 to make a declaration under s.10 of the Aboriginal and Torres Strait Islander Heritage Protection Act.

The 20 year declaration staved off the imminent destruction of an extremely important complex of women’s sacred sites which connect Aboriginal groups throughout central Australia, ending a struggle which had continued over more than a decade. The Arremte women custodians of the sites received active support from many other language groups, including Ngaanyatjarra, Pitjantjatjara, Yankunytjatjara, Luritja, Warlpiri, Warumungu, Alyawarr and Anmatyerr women. NPY Women’s Council Chairwoman,

Sylvia Benson de Rose, said, "Stopping the dam has been a big victory fo r all Aboriginal people, but especially fo r Aboriginal women”.

Approximately 150 women from 15 central Australian communities attended the celebration, which was held near Junction Waterhole. It included traditional ceremony and the cutting and sharing of a giant 135 cm x 45 cm cake decorated in land rights colours.

Arrernte, Ngaanyatjarra, Pitjantjatjara and Yankunytjatjara women celebrate the decision to protect women's sacred sites at Junction Waterhole, north o f Alice Springs. Cutting the cake: (left to right) Betty Pearce, Tjunmutja Watson, Lena Turner and Sylvia Benson de Rose.

Central Land Council Annual Report 1992-93

Aboriginal land in the Central Land Council region currently covers an area of 346,199 square kilometres including former Aboriginal reserves, previously unalienated Crown land claimed and granted under the Aboriginal LandRightsAct (Northern Territory) 1976 and a small number of Aboriginal-owned pastoral leases successfully claimed under the Act.

Although this land is of great traditional importance and spiritual significance to its Aboriginal owners, most of it was unwanted by non-Aboriginal people and deemed to be of little economic value. Only 14 per cent of Aboriginal land in the CLC region is suitable for pastoralism. The remainder — the vast bulk of Aboriginal land— is largely desert or semi desert. Typically such land has few surface waters,

is ecologically fragile, remote, and often inaccessible.

Aboriginal history and culture is based on using the land with care and exercising stewardship to maintain the land for future generations. As Aboriginal traditional landowners in central Australia win non-Aboriginal title to their land, they are faced with a range of complex decisions about land management and development. Aboriginal traditional landowners are not opposed to development and use of their land, provided they retain control over the pace and nature of that development.

The Central Land Council land management program provides Aboriginal landowners with information, advice and support services. The Council is increasingly aware that greater resources need to be committed to servicing the long term planning and development needs of Aboriginal landowners. The Land Assessment Project (described below) is expected to become operational in 1993-1994 and will

be an important step in this direction.

Professional Central Land Council staff work closely with traditional landowners on land management matters and development proposals. Projects include:

• assessing land use proposals from developers and government agencies, eg, mining, tourism and road proposals;

• planning and developing new and established communities and other Aboriginal land use initiatives;

• assessing environmental and social impacts of current and future land uses;

• developing suitable enterprises and sustainable land use options to strengthen their economic base;

• managing feral animals (camels, horses, rabbits, donkeys) for environmental and economic benefit;

• determining the extent of land degradation and developing preventative and remedial strategics;

• addressing the needs for fire management and conservation; and

• establishing long term planning processes for sustainable land use.

Looking after Country — Aboriginal Land Management Community Development There are approximately 240 Aboriginal communities within the Central Land Council region. About 40 are large communities with established infrastructure and a range of facilities. The remaining 200 or

so are often referred to as “outstations” — small, family-based communities, equipped only with basic infrastructure and facilities.

For many Aboriginal people such small communities located on traditional lands represent a preferred way of life. They allow traditional culture to be maintained and avoid some of the social pressures and conflicts found in larger communities and towns.

Central Land Council Annual Report 1992-93 39

Although the Central Land Council and other Aboriginal organisations have supported the outstation movement for many years, these groups still face considerable problems. Their rapid growth has strained the resources of funding and service agencies responsible for providing infrastructure. There is also a need for more regional resource centres to service and provide administrative support for these communities.

Outstation groups experience a range of practical difficulties associated with delivery of essential services, particularly water. Many groups have difficulty locating potable ground water where they want to live. Their problems are not helped by the Northern Territory Power and Water Authority’s reluctance to research alternative water treatment and supply systems which might have the potential to alleviate or solve such problems.

To address this the CLC has supported a submission from the Centre for Appropriate Technology, an Aboriginal organisation in Alice Springs, for funding from Community Aid Abroad to establish a water investigations unit to assist Aboriginal groups. The proposed unit will assess the environmental constraints affecting water supply and quality at a number of communities and develop suitable water supply strategies to meet community needs. These may involve a combination of options including reverse osmosis purification, rainwater shed tanks, dams, and water cartage.

Aboriginal people in outstation communities are also frustrated by the lack of co-ordination between the numerous government agencies with which they must deal. Some of these agencies actively discourage outstation development. The Northern Territory Government, for example, maintains a policy of refusing to provide infrastructure to communities of less than 50 people.

In 1992-1993 the CLC assisted the following groups with outstation development.

Community Aboriginal Land

Trust (ALT)

Location

Williams Well Pwanye Undoolya

Thakeperie Thakeperie Hamilton Dns

Mt. Twellar Thakeperie Hamilton Dns

Ooratippra Irrmame Ooratippra

Alice Well/Titjikala Inamme Maryvale

Anatye Anatye Tarlton Downs

Mt. Kathleen Uretyingke Loves Ck

Akanta (No.5 Bore) Akanta Henbury

Boomerang Bore Rrurtenge Henbury

Cave Hole Yard Pantyinterre Henbury

Angkerle Iwupataka ALT via Iwupataka

Angkerle-Irenge Iwupataka ALT via Iwupataka

Arrillhjere Iwupataka ALT via Iwupataka

Elitjia Iwupataka ALT via Iwupataka

Iteyepintye Iwupataka ALT via Iwupataka

Itperlyenge Iwupataka ALT via Iwupataka

Payeperrentye Iwupataka ALT via Iwupataka

Therrc Iwupataka ALT via Iwupataka

Athetherre Iwupataka ALT via Iwupataka

Twetye Iwupataka ALT via Iwupataka

Tywenpe Iwupataka ALT via Iwupataka

Werre Therre Iwupataka ALT via Iwupataka

Yampirri Yuendumu ALT via Yuendumu

Yarjarli Yuendumu ALT via Yuendumu

Yawali Yuendumu ALT via Yuendumu

Wakarlpa Yuendumu ALT via Yuendumu

40 Central Land Council Annual Report 1992-93

Community Aboriginal Land

Trust (ALT)

Location

Warlparra Yuendumu ALT via Yuendumu

Waylilynpa Yunkanjini ALT via Yuendumu

Yinjirmardi Yunkanjini ALT via Yuendumu

Chilla Well Mala ALT via Yuendumu

Mt. Theo Central Desert ALT via Yuendumu

Mala Mala ALT via Yuendumu

Churlpunga Central Desert ALT via Yuendumu

Mission Creek Yuendumu LT via Yuendumu

Ethel Creek Lake Mackay ALT via Nyirripi

Almanapentye Ahakeye ALT ex Ti Tree

Mt. Windijong Wirliyajarrayi ALT via Willowra

Mt. Bennett Central Desert ALT via Willowra

Mangkurrurpa Mangkurrurpa ALT Tanami Dns

Flinders Apatula ALT Finke

Halfway Camp Apatula ALT Finke

Anacoora Bore Pmer Ulperre Ingwemime

Arletharre ALT

Finke

Dakota Bore Pmer Ulperre Ingwemime

Arletharre ALT

Finke

Ileparretye Ahakeye ALT ex Ti Tree

Petyale Ahakeye ALT ex Ti Tree

Putardi Haast’s Bluff ALT via Haast’s Bluff

Aboriginal Pastoralism The vital contribution of Aboriginal labour and knowledge to the development of the Northern Territory cattle industry is a matter of record but is rarely acknowledged in the pioneering folklore of the Territory. Today many Aboriginal people are virtually excluded from their traditional country on pastoral

land (see Excisions on Pastoral Properties, pp 2 5 -3 0 ) and also from the economic benefits of pastoralism.

The CLC believes pastoralism can provide significant economic and social benefits to Aboriginal people in its region. The Land Council supports Aboriginal participation in the industry by assisting in the development and operation of culturally appropriate and economically beneficial projects.

Central Land Council Pastoral Unit A growing demand for assistance from Aboriginal people has led the CLC to establish a Pastoral Unit, staffed by two Pastoral Officers, three consultants, an accountant and a clerical officer. The Unit provides management services, advice and assistance to Aboriginal pastoralists throughout the Central Land Council region, on large and smaller scale projects. These services are an essential part of the formal

management agreements between the Central Land Council and Aboriginal pastoral companies at Mistake Creek, Mt Allan and the recently purchased Loves Creek and Alcoota.

The CLC Pastoral Unit plans to expand its services to include a unit co-ordinator and a pastoral information/education officer. The objective is to improve communication between Aboriginal pastoralists and government service agencies, with particular emphasis upon developing better training programs.

Pastoral Working Group To raise the level of governmental support for Aboriginal pastoralism, the CLC helped to establish the Northern Territory Pastoral Industry Working Group in 1992. The Group consists of the Northern Territory Land Councils, the Conservation Commission (CCNT), Department of Primary Industry and

Fisheries (DPIF), Aboriginal and Torres Strait Islander Commission (ATSIC), Northern Territory

Central Land Council Annual Report 1992-93 41

A review of the Yuelamu cattle operation has been conducted and the CLC is now assisting the company to get financial support from ATSIC to ensure that the pastoral operation continues to provide employment and training opportunities to

the Yuelamu community.

Loves Creek In November 1992 the Central Land Council assisted traditional landowners to purchase Loves Creek Pastoral Lease using funds granted by the

ABTA. The lease is now held by the Inwemanth- wererre Aboriginal Corporation which runs the catde operation through Jayrook Pty Ltd. A land claim for Loves Creek has been lodged and is due for hearing by the Land Commisioner in July 1994.

Due to the poor condition in which the property was purchased, some 1500 head of cattle have had to be agisted at Granite Downs. The Aboriginal directors are working closely with the CLC Pastoral Unit to explore the possibility of using Computer Aided Livestock Marketing (CALM) for future cattle sales. This service provides access to a national

network of buyers linked by computer.

Other pastoral projects The Central Land Council has assisted other Aboriginal pastoral enterprises including Atite (Angarapa Land Trust, formerly Utopia) and Munjirtinyi (Karlantijpa North Land Trust). It has also helped enterprises on the Rodna and Haast’s Bluff Aboriginal Land Trusts in management planning and in

accessing funding to develop pastoral operations. Assistance has also been given with brand applications, livestock marketing and skills development.

Environmental Management Traditional management of Aboriginal land involves a range of activities including seasonal burning, visiting and maintaining rock holes and soaks and looking after sacred sites and areas of significance. These practices are not simply carried out to manage the environment but are an intrinsic part of

Aboriginal culture and tradition.

Land use practices on Aboriginal land today are changing with involvement in a range of enterprises and the continuing expansion of the mining and tourism industries. Aboriginal people belong to their land and will continue to live on their traditional country. The health of the land and its natural resources is essential to the physical and cultural health of the people living there. Therefore sustainable land use is of the utmost importance.

The Central Land Council is involved in a range of environmental management programs aimed at supporting traditional culture and land use practices and identifying issues and problems that are likely to arise in the future.

Cross Cultural Research Project The Cross Cultural Land Management Project is a three year research program initiated by the CLC in 1991 with funding support from the Commonwealth Government’s National Soil Conservation Program (now the National Landcare Program). Its aim is to document Aboriginal perceptions of land management issues and identify aspirations for future management and development.

Central Land Council Annual Report 1992-93 43

The project’s first report, Aboriginal Land Management Issues in Central Australia, was released in September 1992. It has been well received and has led to a growing interest in issues affecting the management of Aboriginal land.

Land management information is being compiled from Aboriginal people throughout the CLC region to help the Land Council to develop effective programs. A report will also be produced for a wider audience with the aim of promoting a better public understanding of Aboriginal needs and priorities. The final phase of this project will emphasise information exchange and long term planning processes.

Fire Management Fire is an integral part of central Australian ecology and therefore an important element of any land management regime. Over many thousands of years traditional Aboriginal burning practices have been a major influence in shaping the central Australian environment. The need to continue, and in some areas,

to re-establish these practices is being increasingly recognised within the scientific and conservation communities.

The Central Land Council has extensive involvement with Aboriginal people in the area of fire management. It began some years ago by assisting communities with the re-establishment of traditional burning in various areas. This work has continued with workshops in the Petermann, Angarapa and Alya warra Aboriginal Land Trusts and cooperative fire management at Uluru - Kata Tjufa National Park.

The CLC is developing a fire management strategy for Aboriginal land. The strategy highlights the benefits of fire management in fire attenuation, the encouragement of biological diversity, production of bush tucker and maintenance of traditional links with country. While this work proceeds, specific fire management projects are under way at Angarapa, Alyawarra and Karlantijpa Aboriginal Land Trust in cooperation with the Conservation Commission of the Northern Territory and the Northern Territory

Bushfire Council.

Management of Feral Animals Large populations of feral animals, particularly horses, cats, donkeys, camels and rabbits, are found on Aboriginal land and land under claim. Until recently the control and management of these animal populations and the environmental problems they cause have been neglected by mainstream government control or eradication programs.

Increasingly, scientists and the broader community are focussing on issues of land degradation on Aboriginal land and are seeking Aboriginal participation in formulating policies to address these issues.

While European land managers and conservationists tend to see feral animals as an environmental problem Aboriginal people do not necessarily share this approach. Many Aboriginal communities see feral species as an important resource for food, employment and recreation.

During 1992-1993 the Central Land Council continued to assist Aboriginal communities to establish and manage feral animal harvesting enterprises aimed at providing employment and reducing land degradation. These projects are funded by the Aboriginal Rural Resources Initiative (ARRI), a program operated by the Commonwealth Bureau of Resource Sciences.

Camels The Central Land Council assists traditional landowners to pursue markets for camels, either for human consumption, live export, or tourism. At this stage market prospects are limited, with perhaps the most promising being camel meat, which on some communities is becoming a viable alternative to beef.

In mid-1992 the Northern Territory Camel Industry Steering Committee was established in order to identify the “genuine long term opportunities for camel products” and then “develop detailed proposals to expand the industry”. As a member of this committee, the CLC promotes the interests of Aboriginal landowners who are, or intend to be, involved in the camel industry.

In June 1993 the Conservation Commission of the Northern Territory commenced an extensive aerial survey of camel numbers. Initial results show that the bulk of camel numbers are found on Aboriginal land. The survey, supported by the CLC and Aboriginal communities, will study migration patterns of wild

44 Central Land Council Annual Report 1992-93

camel populations in order to better predict their movements in relation to seasonal and environmental factors. Such information will be valuable in planning future harvesting operations and in monitoring environmental degradation.

Land Resource Assessment Project Land resource assessment involves producing detailed maps of land systems and units, using information derived from aerial photography or satellite imagery, combined with on ground surveys of soils, topography and vegetation. Such information provides landowners and service agencies with the base line data needed for long term land use planning and management.

In September 1992 representatives of four major land councils (Central, Northern, Kimberley and Anangu Pitjantjatjaraku) met in Darwin to consider a proposal for a joint land resource assessment project. The land councils agreed there was an urgent need for this kind of information. They also recognised the fundamental importance of identifying Aboriginal land use aspirations and of including traditional

Aboriginal values within any information base to be used for future planning.

By integrating traditional knowledge with scientific data, Aboriginal landowners will be able to develop sustainable land-based enterprises (e.g. cattle, tourism, feral animal projects, community development) and at the same time protect the natural resources they need to maintain culture and tradition.

The project has met with widespread approval and support from government and non-government bodies. These include ATSIC, Commonwealth Department of Primary Industries and Energy, the Federal Minister for Aboriginal and Torres Strait Islander Affairs, the Northern Territory Department of Primary Industry and Fisheries, Conservation Commission, Northern Territory Cattlemen’s Association, Rural Committee of the

Council for Aboriginal Reconciliation, the National Farmers Federation, the Australian Conservation Foundation and the Australian National University’s Centre for Resource and Environmental Studies.

Lack of funding has made it difficult to immediately establish the project on the broad scale proposed. As a result the Central Land Council decided to commence a pilot program in its own region in 1993.

With funding support from ATSIC and the National Landcare Program, the CLC pilot program is expected to commence in October 1993 with the employment of four Land Assessment officers and two Land Information staff to provide Geographic Information System (GIS) support.

Initial training for new Central Land Council staff will be provided by CCNT land survey teams at Loves Creek, a recently purchased Aboriginal pastoral property. The training will familiarise CLC survey workers with current methodology and typical land systems in the region.

Rehabilitation of Dam Site The proposal to construct a flood mitigation dam at Junction Waterhole, on Bonds Springs Pastoral Lease north of Alice Springs, was strongly opposed by Aboriginal traditional landowners on the grounds that the project threatened an important complex of sacred sites.

With the support of the Central Land Council and other Aboriginal organisations, Aboriginal traditional landowners persuaded the Federal Aboriginal and Torres Strait Islander Affairs Minister to intervene. Following an independent report from Hal Wooten QC, the Minister made a 20 year declaration to stop the project on 16May 1992 under the Common wealth A A? rig and Torres Strait Islander Heritage Protection Act.

Of ongoing concern to traditional landowners is the environmental damage caused by extensive preliminary construction work already carried out. While recognising that the area will never be completely restored to its previous condition, they want the area rehabilitated.

The CLC has contacted the solicitors acting for the lessee of Bond Springs station and also approached officers of the Northern Territory Department of Transport and Works and Conservation Commission about the issue. A report documenting the damage and exploring options for rehabilitation was prepared by Central Land Council staff.

So far the Northern Territory Government has refused to assist with funding of any rehabilitation work and the CLC is investigating sources of Commonwealth funding.

Central Land Council Annual Report 1992— 93 45

Despite the increasing demand for “Aboriginal product” in industry planning strategies, Aboriginal people remain on the margin of tourism benefits. Such strategies give little consideration to the significant social impacts associated with tourism development and too often view Aboriginal culture merely as a resource for the industry.

An agreement recently drafted between the Northern Territory Government and the Central Land Council for a major new tourism link road across Aboriginal land through Mereenie to Watarrka (King’s Canyon) is an important development which will increase visitor numbers to several Aboriginal tourist enterprises in the region.

The CLC is preparing a Tourism Development Strategy which will formulate, implement and monitor policies to improve the position of Aborigines in the industry. It will seek to improve equity arrangements, facilitate effective consultation processes and ensure that Aboriginal people and their culture are not exploited.

During the past year the CLC has also made submissions to state and federal governments and has actively pursued representation for Aboriginal people on all major government and tourism industry bodies.

Petermann Project At the request of traditional landowners the Central Land Council has assisted negotiations with a tour company to conduct cultural and scenic tours in the vicinity of several outstations on the Petermann Aboriginal Land Trust. These tours will employ several traditional owners as specialist guides.

YularaPulka YularaPulka is a small outstation community on the Katiti Aboriginal Land Trust on the edge of the Uluru - Kata TjuiaNational Park. Traditional landowners have asked the Central Land Council for assistance to start a small tourism enterprise based on camel rides offering spectacular views of both Uluru and Kata Tjula.

National Parks and Reserves In 1992-1993 the Central Land Council continued to support and promote Aboriginal involvement in the planning and management of national parks and conservation reserves.

Two of Australia’s best known national parks, Uluru - Kata Tjuta and Kakadu, are on Aboriginal land which has been leased back to the Australian Nature Conservation Agency (ANCA) (formerly known as the Australian National Parks and Wildlife Service). Both parks are jointly managed by ANCA and the Aboriginal landowners through management boards on which Aboriginal people have majority member­

ship. Such an arrangement continues to provide positive management outcomes and promotes goodwill between traditional landowners and the thousands of tourists who visit the parks.

The involvement of traditional landowners in national parks managed by the Conservation Commission of the Northern Territory (CCNT) has been far less satisfactory. The CLC is concerned that the Northern Territory Government is taking steps to develop a new national park in the Tennant Creek region without any consultation with traditional landowners or any process to ensure protection of sacred sites.

Uluru - Kata Tjuta Uluru - Kata Tjuta National Park is leased by the traditional landowners to the Australian Nature Conservation Agency for a period of 99 years. The terms of this lease shall be discussed every five years. Accordingly, Central Land Council lawyers have taken instructions from traditional landowners on

matters designed to strengthen Aboriginal involvement in the Park and to ensure that Anangu benefit more equitably from their ownership of this world class national park.

The CLC has observer status at Uluru - Kata Tjula National Park Board of Management meetings and uses this opportunity to assist Anangu to deal with a host of park management issues which directly affect them. These include protection of sacred sites, developing interpretative material for park visitors and improving Aboriginal employment prospects.

Central Land Council Annual Report 1992— 93 47

The CLC also participates in the Uluru - Kata Tjuja National Park Tourism Consultative Committee which provides a forum for communication amongst representatives for the tourist industry, park managers and the Aboriginal landowners.

Proposed Davenport/Murchison National Park In March 1993 the Northern Territory Government announced plans to establish a new national park in the Davenport/Murchison Ranges south east of Tennant Creek. The proposed park is to be some 135,000 hectares and is being acquired from the Saints, the lessees of Kurundi station.

The land earmarked for the park is of major cultural importance to Aboriginal people.The proposed park area shares common boundaries with Aboriginal land — the Mungkarta Aboriginal Land Trust (McLaren Creek) to the west, the Anurrete Aboriginal Land Trust to the south, and two areas held by the Warumungu Aboriginal Land Trust are to the near north. The evidence presented and the Aboriginal Land Commissioner’s findings in successful land claims to these trust areas demonstrates the continued existence of native title rights in the region.

Prior to the Northen Territory Government’s announcement of the proposed park, the Central Land Council, on instructions from traditional landowners, had been negotiating with the lessess of Kurundi to purchase the station, or part of it — including the area which is now planned for the park.

Since the announcement, negotiations with the lessee about a possible purchase have reached a stalemate. The CLC understands that the Northern Territory Government has offered the lessee many times the value of the land, together with other valuable concessions, including a five hectare freehold block to develop tourist infrastructure and a 20 year right of veto over other tourist concessions in the park, for the relinquishment of what is an uneconomic portion of the pastoral lease.

The lessee has also been awarded a boundary clearing and fencing contract covering the 135 kilometre northern boundary of the proposed park. The CLC has endeavoured to reach a workable sacred site clearance arrangement with Mr Saint to ensure the protection of sites along this boundary. Unfortunately Mr Saint has been less than cooperative. The issue of site protection has been taken up with the Conservation Commission of the Northern Territory (CCNT), the Government department that will be

vested with the management of the proposed park. Regrettably, the CCNT has shown little interest in ensuring that sacred sites are protected during this bulldozing work.

On 30 J une 1993 the CLC, on behalf of the traditional landowners, wrote to both the Northern Territory Minister for Conservation and the Minister for Lands, Housing and Local Government to request that they directly intervene in the matter and ensure that native title rights not be extinguished in the area and that a proper consultative process be established in order to protect and recognise Aboriginal interests in the region.

The CLC is anxiously awaiting a constructive response from the Northern Territory Government, as Aboriginal people are becoming increasingly concerned that their interests are being ignored and the sacred sites may be put at risk by the boundary clearing work.

Watarrka (Kings Canyon) The Central Land Council has observer status at quarterly meetings of the Local Management Committeeof Watarrka National Park. Although the three Aboriginal communities established within the park have majority representation on this Committee, their role in management is only advisory.

Traditional owners of Watarrka have continually expressed frustration with the park management struc ture and have asked the CLC to assist them to negotiate with the Northern Terri tory Government over the issue.

The Social Impact Assessment conducted for the proposed Mereenie-Watarrka Loop Road acknowledged the aspirations of Watarrka Aboriginal groups for a more equitable joint management

48 Central Land Council Annual Report 1992-93

Significant clearance consultations carried out during the past year include the Mereenie-Watarrka Road project, Stuart and Barkly Highway gravel pits in the Tennant Creek region, Department of Lands Housing and Local Government Serviced Land Availability Plans (SLAP), and community access roads on the Angarapa and Alyawarra Land Trusts.

Telecom Optical Fibre Projects Telecom Australia is engaged in a major program to install optical fibre cable (OFC) systems to provide for the communication needs of communities in inland Australia. CLC staff work closely with Telecom to consult with Aboriginal landowners over route identification and sacred site protection. Projects planned for 1993 include clearance for OFC installation between the Stuart Highway and the

Alekerenge Community, Amata to Yulara, Papunya to Walungurru and Lajamanu to Willeroo.

Permits for Scientific Research To facilitate the issuing of permits under th eNorthern Territory Aboriginal Land Act 1978, the Central Land Council has established a clear set of research guidelines for those wishing to undertake scientific research on Aboriginal land.

The guidelines form the basis for a uniform application procedure and allow accurate and relevant information to be presented to Aboriginal landowners as part of the consultation process.

Exploration and Mining on Aboriginal land "It is not a matter o f Aboriginals and miners. Different landowners have different interests and therefore different rights. Aboriginal interests are different and therefore they should have different rights. All mining should have regard to its effect on landowners. Aboriginals have special interests so you should switch around from miner’s interests to Aboriginal interests." Geoff Stewart — former

Chairman North Flinders Mines Ltd.

In the current climate of uncertainty generated by the High Court’s decision on native title in June 1992, it is important to note that the Aboriginal Land Rights (NT) Act 1976provides a clear and successful process to enable traditional Aboriginal landowners to negotiate mineral exploration and mining agreements over their land.

The procedures for obtaining consent to exploration and mining are clearly set out in Part IV of the Aboriginal Land Rights (NT) Act 1976 (see box page 53).

Under the provisions of the Act, the Central Land Council is responsible for identifying and properly consulting traditional landowners and ensuring that they understand the nature and purpose of a mineral exploration proposal. Decisions are arrived at in accordance with traditional decision-making processes and consent must be given by traditional landowners as a group. Other Aboriginal groups affected by a proposal also have an opportunity to express their views.

This process is equitable, open and clear. As a result the confusion and disputation that affects exploration and mining on land in which Aboriginal people hold an interest in other states, such as at Marandoo, Rudall River, Yakabindee, Century and Olympic Dam, is completely avoided on Aboriginal freehold land in the Northern Territory.

The Central Land Council’s seal on an agreement gives absolute statutory validity to the traditional landowners’ consent and thereafter the Central Land Council carries responsibility for the resolution of any dispute which may arise between Aboriginal people. Under such agreements, mining companies have the security to proceed with a project without the threat of a subsequent challenge.

Exploration Licence Applications There was a significant increase in the number of exploration licence applications dealt with by the Central Land Council this year.

The Northern Territory Minister for Mines and Energy gave his consent to negotiate to applications for 32 exploration licences on Aboriginal land in the CLC region. Last year there were 20.

Central Land Council Annual Report 1992-93 51

The Mining Provisions of the Land Rights Act The Land Rights Act sets out the responsibilities of the Land Council, traditional Aboriginal landowners, and exploration applicants. An administrative timetable places time limits to expedite the process.

An exploration licence or exploration permit which allows the holder to explore for minerals or hydrocarbons cannot be issued by the NT Minister for Mines and Energy unless the applicant and the Land Council have entered into an agreement.

The procedure for processing exploration applications is a s follows:

a) Exploration Licence Application

The mining company applies to the NT Department of Mines and Energy (DME) for a licence or permit. DME notifies the Land Council of the application.

b) Consent to Negotiate

The Minister for Mines and Energy grants the mining company ‘consent to negotiate' with the Land Council.

c) Traditional Landowner Identification

The CLC identifies the appropriate traditional landowners for the area in question.

d) Application for Consent

The mining company must submit its application, including exploration proposal, to the Land Council within three months, otherwise the applicant is deem ed to have withdrawn.

e) Consultation

The Land Council organises a meeting of appropriate traditional landowners as soon as possible at which the applicant presents its proposal.

A twelve month negotiating period begins from the date a proper proposal is received by the Land Council.

The exploration proposal must describe all aspects of the exploration activity including possible impact on the environment and the likely effect on the local population. The Land Council ensures that the proposals provide adequate information for traditional landowners

to make a decision. ...

Assistance is provided to applicants to design their proposals to minimise social disruption and environmental impact. ...

Arrangements are then m ade to convene a meeting where the applicant addresses the proposal directly to the traditional landowners.

The traditional landowners have the right to instruct the Land Council to refuse consent to an ELA that affects their land.

Refusal freezes the application for five years after which the same company may re-apply.

Alternatively, traditional landowners may instruct the Land Council to negotiate an agreement with the company. *

On advice from the traditional landowners, the Land Council must refuse or consent to the application within the set time limit otherwise the Land Council is deem ed to have consented.

Central Land Council Annual Report 1992-93 53

meeting which was held in Darwin on 20 August 1992 and following detailed discussion of the effect of the Stockdale decision there was general concurrence with the view that the degree of certainty that the parties seek in exploration agreements cannot be achieved under the Land Rights Act as at present.

Following the meeting the companies decided to have the Northern Territory Chamber of Mines represent them, and hope for cooperation was thereby lost. On 8 October 1992 the Northern Territory Chief Minister, Mr Marshall Perron, wrote to each of the companies which had attended the meeting on 20 August claiming among other things that the Land Councils “never had any intention of making the

1987 amendments work”. This statement is untrue and the rest of the letter was similarly ill-informed. There was no evidence that the Northern Territory Government shared the commitment of the Land Councils and many mining companies to achieving workable and mutually satisfactory agreements.

It has become clear that the Northern Territory Government, for its own narrow and selfish political reasons, prefers a situation where it can create a deadlock in the exploration process on Aboriginal land. To this end the Australian Mining Industry Council and the Northern Territory Chamber of Mines, backed by the Northern Territory Government, appear to be developing an essentially racist campaign designed

to create a perception that Aboriginal people are not capable of handling their responsibilities as landowners.

Despite the mischief of the Northern Territory Government and certain elements of the mining industry in carrying on ceaseless agitation against the Land Rights Act, many mining companies recognise the legitimacy of Aboriginal Land Rights and just want to get on with the job. The CLC continues to make agreements, with the result that as much exploration is occurring on Aboriginal land as on non-Aboriginal

land in the Central Land Council region. Mineral deposits are being found and new mines are being developed. The value of gold production on Aboriginal land in the Tanami region alone was $ 140 million in 1992-93.

The CLC welcomed the commitment of Federal Resources Minister, Mr Alan Griffiths, when he said at the 1992 Minerals Outlook Conference, that he “had no intention of championing a mindless political assault on Aboriginal rights”.

The CLC calls for further commitment from the Commonwealth Government to protect and preserve existing Aboriginal rights under the Aboriginal Land Rights Act (Northern Territory) 1976.

Operation of Existing Agreements At 30 June 1993 the Central Land Council has successfully negotiated a total of 13 Exploration agreements with seven companies. These agreements relate to a total of 33 mineral exploration licences and one oil and gas exploration permit covering some 35000 square kilometres of Aboriginal land.

The CLC had also successfully negotiated a total of three mining agreements and two oil and gas production agreements.

The terms and conditions of the agreements are the means of establishing a productive and meaningful relationship between the traditional landowners and the miners.

Each of the agreements contain provisions for (among other things) sacred site protection, permits and access, work program approval, environmental protection and rehabilitation, employment and training, liaison and inspection.

The main objectives of the agreements are to maintain traditional landowner control over activities on their land and to protect their interests through close liaison and monitoring. The protection of Aboriginal landowners’ interests ensures the smooth progress of projects.

Generally each agreement provides for a liaison committee comprised of traditional landowners, company representatives and CLC officers which meets periodically to discuss any problems and developments, and to provide an interface for direct flow of information between the operators and the traditional landowners.

Central Land Council Annual Report 1992-93 55

Traditional landowners of the Mereenie Oil Field conducting clearances for new oil and gas wells with CLC staff. Left to right: Rodger Barnes, Alec Abbott, Patrick Oliver, Barry Abbott, Terry Pareroultja, Selma Impu, Connie Pareroultja, Christine Pareroultja, Jam's Pareroultja, Sonia McNamara, Hubert Pareroultja, Clive Impu, Max Stuart

Following from a meeting of the Central Desert Joint Venture (CDJV) Liaison Committee under the exploration agreement with Otter Exploration NL held the previous year, the Central Land Council organised a series of meetings at Daguragu, Y uendumu andLajamanu in September 1992 for representatives of the CDJV to discuss employment opportunities for Aboriginal people. A keen interest was shown by

the comm unities and as a result of this initiative two Aboriginal people have been employed in exploration work in the Tanami region by the Central Desert Joint Venture.

In June 1993 the Central Land Council organised a course of instruction on Aboriginal culture as provided for under the agreement with Otter. Traditional landowners assisted by Central Land Council staff conducted the course attended by 40 CDJV exploration personnel. The discussion provided the workers with a unique first-hand insight into Aboriginal contact history, contemporary and traditional

Aboriginal culture, sacred sites and an overview of the operation of the exploration agreement with the Central Land Council. The CDJV Liaison Committee met after the course. A report on progress of exploration was given by the company and the implications of some promising results were discussed with traditional landowners.

Similarly the Tanami Mine Liaison Committee met in October 1992. This meeting followed an inspection by the Central Land Council of the Tanami Mine in August 1992 and some of the issues identified were discussed by traditional landowners with representatives of Zapopan which included Board Chairman, Mr Terry Strapp. The ongoing rehabilitation of waste rock dumps was inspected and concerns over tailings dam seepage were addressed. A further inspection of the mine site with particular reference to the progress of rehabilitation and the decommissioning schedule was conducted by the Central Land Council in May 1993.

56 Central Land Council Annual Report 1992-93

North Flinders Mines (NFM) operates The Granites Gold Mine and the Dead Bullock Soak Mine. Both mines operate under mining agreements with the Central Land Council. The Dead Bullock Soak Liaison Committee met in September 1992 to maintain the regular interface with the traditional landowners who have kept a strong interest in the development of NFM’s newest mine since development started in 1991.

Mining at Dead Bullock Soak exceeded 500,000 tonnes of ore during 1992 and is likely to outstrip production at The Granites in the future. The development of the rich Callie deposit was inspected and future pit development was discussed. As the focus ofN FM ’s production shifts to the Dead Bullock Soak Mineral Lease, the 50 kilometre haul road to The Granites mill becomes more integral to NFM’s operation

in the Tanami. Traditional landowners were asked to consider proposals to up-grade the road and seal it with bitumen. Concerns about sacred site protection on the lease were resolved by agreement to the traditional landowners’ request for a protective fence to be erected around the edge of the mineral lease.

The Granites Advisory Committee met in October 1992. Employment and training opportunities for Aboriginal people at the mine remain an important issue. Traditional landowners also raised their concern regarding rehabilitation techniques used at the mine and the final state of the decommissioned mine site.

Close liaison was maintained with AGL Ltd, the operators of the Mereenie Oil and Gas Field during the year. An environmental inspection was carried out in conjunction with the Department of Mines and Energy and the Conservation Commission of the Northern Territory in November 1992. The environmental conditions of the field continued to improve as a result of soil conservation measures aimed at reducing

erosion on the field. The Central Land Council also conducted sacred site clearances with traditional landowners for the approval of seven new production wells.

Two new wells were also drilled at the Palm Valley Gas Field near Hermannsburg over December 1992-January 1993 to meet increased gas demand. The Central Land Council conducted sacred site clearances of the work areas and access route. The first well drilled aimed to further delineate the gas reserves in the field but encountered hypersaline formation water at depth which spilled into the nearby

drainage gully. The Central Land Council was involved in ensuring remedial action was taken to the satisfaction of traditional landowners. Monitoring of the site will continue once the recommendations from an environmental consultant are submitted.

Central Land Council Annual Report 1992-93 57

On 13 January, the land councils again collectively wrote to the Prime Minister expressing two immediate concerns: that the rights of native title holders were being extinguished daily while consultat ions took place, and that these rights must be recognised and treated as primary and not simply those of just another interest group. The Land Councils sought an immediate public commitment to the preservation of existing native title rights. They also sought an urgent response to the request for a meeting with the Prime Minister and his Cabinet committee.

That meeting did not happen until April after a joint land council delegation travelled to Canberra in late March and directly lobbied Cabinet Ministers.

The Aboriginal Peace Plan On 27 April 1993 the Prime Minister invited key Aboriginal organisations to a meeting with his Ministerial Committee in Canberra. At that meeting senior Aboriginal leaders including

the Chairman and Director of the CLC presented a peace plan.

Overriding Commonwealth legislation to provide f o r :

1. Recognition and protection of Aboriginal and Torres Strait Islander rights 2. Aboriginal and Torres Strait Islander Title not to be extinguished by grants (co­ existence and revival) 3. Aboriginal and Torres Strait Islander Title not to be extinguished or impaired

unilaterally without consent 4. Declaration of Aboriginal and Torres Strait Islander Title in R eserves and other defined lands 5. A Tribunal to issue declarations of Aboriginal and Torres Strait Islander Land Title

6. A Long Term Settlement Process for benefit of all Aboriginal and Torres Strait Islander peoples 7. Total security for sacred sites and heritage areas; and for the Commonwealth to

8. Negotiate with Aboriginal and Torres Strait Islander peoples towards Constitutional acknowledgment of Aboriginal and Torres Strait Islander rights.

In exchange for the Commonwealth’s acceptance of the above proposals the legislation proposed might include:

(a) Validation of 1975-1992 mineral titles that might otherwise be invalid due to the Racial Discrimination Act, subject to the Commonwealth and each of such miners entering into an agreement in relation to issues such as -(i) protection of sacred sites,

(ii) compensation for disturbance, (iii) environmental protection, (iv) remuneration for the value of the minerals, and (v) other issues as appropriate to each case; and If no agreem ent is reached the terms of such agreement will be determined by the tribu nal via processes and time frames to be agreed.

(b) Pending conclusion of the Settlement Process, mining interests granted since 3 June 1992 also validated subject to consent and agreement.

• The Commonwealth to provide adequate resources and funding to enable Aboriginal and Torres Strait Islander peoples to fully participate in the process. • Aboriginal and Torres Strait Islander peoples’ representatives are to participate as

mem bers of the drafting team for all legislation.

Central Land Council Annual Report 1992-93 59

Aboriginal leaders presented the Prime Minister with a painting by Wenten Rubuntja to commemorate their meeting with the Cabinet "Mabo" Committee, 2 7 April. Left to right, John Ah Kit, Wenten Rubuntja, Prime Minister Keating, Kumantjay Ross. The painting, Two Laws Coming Together (Mparntwe Atnerte — From Within the Centre - Alice Springs), shows the Altyerre ('T h e Dreaming"). "It is the law for the country that

is coming up through the land and still standing together with Australian law."

Following the Prime Minister’s invitation to a meeting with his Mabo Cabinet Committee, set for 27 April, the CLC and other land councils contacted all of the main Aboriginal organisations concerned with land issues inviting them to a planning meeting in Alice Springs on 19-20 April. At this meeting a broad collective position on Mabo was formulated. The Aboriginal Peace Plan, as it became known, was presented to the Cabinet Mabo committee on 27 April (see box page 59). The CLC was represented at the meeting by the Chairman, Mr Breaden, and the Director, Mr Ross.

The Land Council meeting at Alpurrurulam in early May formally endorsed the Aboriginal Peace Plan and instructed the Chairman and Director to pursue negotiations with the Commonwealth Government. The Council also called on the Commonwealth to resource Aboriginal organisations to ensure widespread consultations and the capacity of Aboriginal representatives to negotiate as equals with the Government.

Importantly, the CLC members resolved that rights provided for in the Land Rights Act must be preserved regardless of the negotiations about native title.

On 3 June the Government released a discussion paper on Mabo which contained a set of suggested key principles agreed by the Commonwealth’s Ministerial Committee. Aboriginal organisations, including the CLC, were deeply disturbed by the thrust of the discussion paper which largely characterised Mabo as a land management problem requiring a cooperative response between the Commonwealth and state and territory governments. The discussion paper, in proposing how native title might be dealt with, was peppered with references to “comparable titles” in Australian land laws. This illustrates the problem Aboriginal representatives experienced with the IDC officials who appeared unwilling to accept that the Aboriginal relationship to land is different and special and it cannot be compared to that of non-Aboriginal landowners.

The CLC and other Aboriginal organisations objected strongly to the involvement of provincial governments in any negotiated settlement of Aboriginal native title rights. The constitutional change invoked by the overwhelming support of the Australian voters in the 1967 referendum gave the Commonwealth clear power and responsibility for Aboriginal affairs. The sad record of state and territory disregard for Aboriginal rights is shameful.

60 Central Land Council Annual Report 1992-93

The CLC continued to play a key role in a number of national Aboriginal meetings in May and J une. In May some funds were received from the Commonwealth to enable continuing consultations between Aboriginal organisations nationally and the CLC continued its endeavours to involve as wide a representation of Aboriginal organisations as possible.

At the end of the financial year, the CLC was hopeful that the powerful coalition of Aboriginal organisations being forged would be able to engage the Prime Minister and his colleagues in direct negotiations towards a just resolution of the issues raised by the Mabo decision.

Northern Territory issues Regrettably, early statements by the Northern Territory Government inflamed non-Aboriginal concerns about the implications of the Mabo case, with ministers suggesting that suburban backyards were at risk. In a further move to incite non-Aboriginal hostility, in March 1993 the Chief Minister introduced the Confirmation of Titles to Land (Request) Bill in the Legislative Assembly. This Bill requested the Commonwealth to enact legislation to effectively eliminate any potential for native title rights to be asserted in theNorthem Territory. The Bill was not given any credibility by the Commonwealth

and within months even the Chief Minister had stopped referring to it.

Of more concern to the Land Council was the McArthur River Project Agreement Ratification Amendment Bill which was introduced into the Northern Territory Legislative Assembly in late May and was passed during a special one day sitting of the Assembly in late June. The legislation, which relates to a mining project in the Gulf of Carpentaria region, had the support of the Commonwealth Government

and purported to ensure that mining leases for the project were beyond challenge. Although Aboriginal traditional owners of the area had publicly affirmed their desire to see the mine proceed and were party to continuing talks aimed at a negotiated agreement which would see the mine proceed while respecting Aboriginal interests, the Northern Territory Government pushed through legislation to satisfy the

concerns of one party — the developer.

It was the first legislation pertaining to the Mabo case to come into effect in any jurisdiction in Australia and its sole concern was the validity of the developer’s title. It was silent on the rights of native title holders. The McArthur River legislation threw a large question mark over the integrity of the Commonwealth Government’s stated objective of using the Mabo judgement to advance the cause of reconciliation between Aboriginal and non-Aboriginal Australia.

During the year the CLC commenced researching the land tenure history of national parks and conservation areas in central Australia in order to establish whether native title rights have survived in terms of the principles of the Mabo decision. Similar work was commenced on other areas of land which is beyond the reach of claim under the Land Rights Act. This work will continue next year.

The CLC urged the Northern Territory Government to consider the effect on native tide when dealing in land, however the Northern Territory continued to rezone land and make land grants as though the High Court’s decision had never been made. In some cases, such as the plans to rezone part of a pastoral lease for the Davenport-Murchison Ranges National Park near Tennant Creek and to rezone vacant Crown Land within the Alice Springs town boundaries, the CLC made specific approaches to the Government to ensure native title rights were protected, but to no avail.

No Mabo-style litigation was launched by the CLC during the year as efforts were concentrated on attempts to negotiate a resolution with the Commonwealth Government. A native title claim over land surrounding Alice Springs was lodged by the Sydney-based Aboriginal Legal Service on behalf of some Arremte people, however the CLC was not involved.

The CLC became involved in litigation regarding native title in early 1993 when the Northern Territory Government funded an action by some Aboriginal people who sought an injunction to restrain the Minister for Aboriginal Affairs from granting land recommended for grant in the Lake Amadeus Land Claim. As the case progressed, the applicants pleaded that such a grant would impair their native title

rights. Proceedings were referred to the full bench of the Federal Court to determine the preliminary question of the effect of a grant of land under the Land Rights Act on native tide. The case was heard in June and judgement was reserved.

Central Land Council Annual Report 1992-93 61

Policy and Representation Under s.23 of the Aboriginal Land Rights (Northern Territory) Act, 1976 the Central Land Council has the responsibility to represent and protect the interests of traditional landowners and other Aboriginal people in central Australia. This involves making representations to both the Commonwealth and Northern Territory Governments, making submissions to various inquiries, monitoring and researching policy matters, liaising with the media and producing educational and promotional material. It also entails participating in national and international indigenous forums.

Royal Commission into Aboriginal Deaths in Custody The recommendations of the National Report of the Royal Commission into Aboriginal Deaths in Custody have become the benchmark for governments in their dealings with Aboriginal and Torres Strait Islander people. Governments are now morally compelled to work within the parameters set by the Royal Commission to address the underlying causes of Aboriginal disadvantage and over-representation in custody.

The Central Land Council is very disappointed that governments have effectively ignored the Royal Commission recommendations in a number of key areas. In respect to the recommendations relating to addressing land needs, the Commonwealth and Northern Territory Governments have failed to provide “an accelerated process for the granting of land title based on need” (Recommendation 335) and the Northern Territory Government has continued to campaign vigorously against Aboriginal landowners controlling access to and development on their land, contrary to Recommendation 336. Although the

Royal Commission recommended that"... Aboriginal communities traditionally or historically associated with the land (should be given) priority when leases come up for renewal” (Recommendation 337d), the Northern Territory Government has pursued a program of converting term pastoral leases to perpetual leases without regard for Aboriginal people with interests in the land.

The Northern Territory Government has also chosen to ignore the primary recommendation in the Royal Commission Report’s section “The Path to Self Determination” which urged governments to "...negotiate with appropriate Aboriginal organisations and communities to determine guidelines as to the procedures and processes which should be followed to ensure that the self-determination principle is applied in the design and implementation o f any policy or program ... which will particularly affect Aboriginal people" (Recommendation 188).

Governments have also failed to take up recommendations relating to local government and Aboriginal organisations (in particular, Recommendations 198 and 199).

ATSIC Restructure The Aboriginal and Torres Strait Islander Commission (ATSIC) was required, under s.26 of the ATSIC Act, to review the first two years of its operation. The CLC made a submission to the review following discussions at the Land Council meeting at Atula of 27-28 October 1992.

The Council’s position included support for more Regional Councils and Zones based on tribal/ cultural boundaries; Regional Councils controlling a larger portion of the ATSIC budget; Commissioners and Regional Council chairs to be full-time positions; dropping confidentiality requirements of Commissioners except for commercially or culturally sensitive matters; and direct community funding as recommended by the Royal Commission into Aboriginal Deaths in Custody.

In April 1993, the Commonwealth Government decided to reduce the number of ATSIC Regional Councils from 60 to 36 while ATSIC Commissioners and Regional Council Chairpersons are to become full-time appointments. There has been much opposition to this reduction in Regional Councils as it will further increase the range of tribal groups within each Regional Council area.

Council for Aboriginal Reconciliation The CLC’s support for the Council for Aboriginal Reconciliation (CAR) has always been conditional on a treaty, as proposed in the Barunga Statement. Central Australia has two representatives on the CAR

62 Central Land Council Annual Report 1992-93

— CLC member and former Chairman, Wenten Rubuntja, is the Aboriginal representative; and former Department of Aboriginal Affairs officer and famous country and western singer, Ted Egan, is the non­ Aboriginal representative.

Mr Kumantjay Ross, CLC Director, is a member of the CAR Rural Committee which is charged with looking for opportunities for co-operation between Aboriginal and non-Aboriginal primary producers. Although involvement in the Rural Committee proved to be a positive experience, this was not the case with the CAR Mining Committee. In June 1993, the Mining Committee produced areport tided Exploring for Common Ground— Reconciliation and the Australian Mining Industry. In the CLC’s view, this report

suffers major shortcomings in that it fails to appropriately recognise the desire of Aboriginal people to control access to and use of their land and appears to emphasise the mining industry’s long-held agenda for mining on Aboriginal land.

Aboriginal Benefits Trust Account (ABTA) The CLC meeting at Atula nominated four delegates for the position of Chairperson of ABTA. The Minister for Aboriginal and Torres Strait Islander Affairs, Robert Tickner, decided to leave any appointment until after the federal election. Following the election he advised he was awaiting all

nominations for the position before making an appointment.

ABTA Audit Report In mid-June an audit report on the ABTA prepared by Walter andTumbull for the Office of Evaluation and Audit received considerable media attention. The report made a number of criticisms of the land councils and recommendations relating to both the ABTA and the land councils.

The CLC has a number of serious concerns about this report. It makes a number of unfounded assertions and appears to be based on an incorrect understanding of the roles and functions of both the ABTA and the land councils. Some of its recommendations are simply not practicable, for example, a recommendation that land councils base their estimated annual operational budgets on subsection 64(1)

funding only. At present this would represent approximately 40 per cent of current funding levels. Not only would it be impractical for land councils to carry out their statutory responsibilities on this basis, the recommendation also implies that vital social justice legislation should be administered on the basis of fluctuations in commodity prices.

There are a number of other errors of fact and logic in the Walter and Turnbull Report. The CLC is preparing a full response to the report.

United Nations Working Group on Indigenous Populations The CLC was represented at the 10th session of the UN Working Group on Indigenous Populations (WGIP) held in Geneva, Switzerland, on 21-30 July 1992 by the Chairman, Mr Breaden, Assistant Director, Mr “Tracker” Tilmouth and prominent Warlpiri artist, Frank Jakamarra Nelson. Mr Nelson’s painting, Milky Way Dreaming, was presented to WGIP Chairperson, Madam Erica-Irene Daes, by

Aboriginal youth representatives. The Australian delegation also presented the Chairperson with a reproduction of the Barunga Statement, a Central and Northern Land Council petition to the Australian Government which now hangs in Parliament House, Canberra.

Mr Tilmouth made two formal presentations to the WGIP on behalf of the CLC. The first statement focussed on self-determination and was founded upon the necessity for a treaty between Aboriginal people and the Australian Government. The statement informed the Working Group of some of the significant developments in central Australia: that after a bitter and costly battle, custodians had been

successful in preventing the construction of a proposed flood mitigation dam near Alice Springs which would have desecrated their sacred sites; and, the continuing power dispute at Papunya which resulted in people enduring winter without electricity. Mr Tilmouth concluded that it was time for governments to recognise Aboriginal peoples’ inherent right to self-government.

The second statement focussed on intellectual and cultural property rights for indigenous peoples. Mr Tilmouth called for protection and restitution of cultural property and cited the example of traditional

Central Land Council Annual Report 1992-93 63

custodians’ wishes to regain control of the secret and sacred objects contained in the Strehlow collection in Alice Springs. He noted that the Australian Government’s Task Force to determine guidelines for Aboriginal cultural heritage was not an Aboriginal-controlled process. He concluded by appealing for Australia to enact legislation that will guarantee the protection and repatriation of Aboriginal cultural heritage.

Commonwealth Grants Commission Review Following submissions from the CLC and other Aboriginal organisations, the Commonwealth Grants Commission arranged a public meeting in Darwin on 27 July 1992 to allow Aboriginal representatives the opportunity to address their concerns about government funding arrangements. The conference was part of the Commission’s public hearings during its review of States and Territories General Revenue Grants Relativities. It was the first time the Grants Commission has met directly with Aboriginal people. The CLC assisted representatives from more than 10 communities in central Australia to attend the conference.

CLC Director, Kumantjay Ross, told the Commissioners that remote Aboriginal communities are poorly serviced by the Northern Territory Government and that these communities would benefit by receiving direct block funding from the Commonwealth to enable them to plan community priorities, control service delivery and increase autonomy. At present the Northern Territory Government receives

untied funding for “Aboriginal Community Services”. Mr Ross also objected to the Northern Territory Government obtaining funds via the Commission to challenge land claims under the Land Rights Act and he raised the CLC’s opposition to theNorthem Territory GovemmentreceivingrecurrentCommonwealth funding for the Strehlow Research Centre.

Comm uni ty representatives recounted their experiences of poor delivery of services to their communities by the Northern Territory Government and the lack of control that they have over those services, particularly education, health, roads and electricity.

The Commissioners responded that the demands of community representatives for direct funding fell outside of the scope of the Grants Commission authority but said that they would take the message back to Canberra.

The Grants Commission Review Report, released in March 1993, acknowledged the request by the CLC — and other Aboriginal organisations — for an inquiry to investigate how fiscal equalisation could be applied to Aboriginal communities and how relative needs could be assessed and direct block funding implemented, but said this would require the Government to direct the Commission to do such a review.

In response to another CLC recommendation, that the Northern Territory Government’s claim for financial assistance to oppose land claims under the Land Rights Act be denied, the Grants Commission determined to reduce the relevant funding category by 50 per cent. The CLC is disappointed that it was only halved but recognises it is a move in the right direction.

Local Government The CLC has continued to provide advice and assistance to communities on forms of community incorporation for delivering local government services. The CLC has a strong policy of opposition to the Community Government schemes which are the Northern Territory Government’s preferred form of local government for remote communities. The CLC’s opposition is centred on protecting the rights of

traditional landowners to control activities on their land. Other areas of concern are that Community Government weakens rather than strengthens future options for genuine self-determination and self­ government, that the Minister for Lands, Housing and Local Government is vested with powers that may enable the Council to be overridden, and that the accounting provisions are onerous.

The Land Council is also concerned by the funding incentives offered by the Northern Territory Government for communities to incorporate as a Community Government. The CLC believes that the schemes are assim ilationist and do not provide people at the local level with the ability to run their services and control community development.

64 Central Land Council Annual Report 1992-93

Moreover, the Northern Territory Government’s vigorous campaign to have Aboriginal communities incorporate under its scheme directly contradicts Deaths in Custody Royal Commission Recommendation 199 which says in part,"... that governments should recognise diversity in organisational structures and that funding for the delivery of services should not be dependent upon the structure of organisation which

is adopted by Aboriginal communities”.

The Northern Territory Minister for Lands, Housing and Local Government, Steve Hatton, and officers from his Department met with CLC representatives in January and May 1993 but failed to resolve differences.

Local Roads Funding In May 1992, the Commonwealth decided to allocate untied funds directly to 52 Northern Territory local governing bodies, mostly Aboriginal communities, for local roads. Previously these funds had gone to the Northern Territory Government to maintain local roads. The CLC, One United Voice, and the Local

Government Association of the Northern Territory (LGANT) supported the decision.

However, the then Northern Territory Minister for Transport and Works, Fred Finch, complained bitterly about the money being taken out of Northern Territory Government control and said that 1 communities would face difficulties taking responsibility for their local roads.

Teething problems were anticipated and acknowledged but it is expected that direct local roads funding will provide long term benefits to communities. The CLC is monitoring the system with a view to assisting communities to make the transition to direct road maintenance responsibility.

Northern Territory Power Dispute The dispute over the introduction of electricity billing to remote Aboriginal communities dragged on throughout 1992. Papunya Aboriginal residents, who had been without power since May 1992, finally agreed to power being connected in October after suffering the winter without electricity. The confusion experienced by Ntaria (Hermannsburg) residents over the introduction of charges lead to complaints to theNorthem Territory Ombudsman, which were upheld. As aresult, the introduction of billing was further deferred while the Power and Water Authority (PAWA) revised its procedures.

After a number of false starts, 1 July 1992 was set as the date to start billing Aboriginal community residents for electricity. Many of the problems envisaged by communities prior to the introduction of power billing have occurred since then and are yet to be resolved.

The dispute was protracted because of the refusal by PAWA and the responsible Minister to properly negotiate the introduction of power charges and to provide a service equal to that provided to residents in the towns despite charging the same rates. The reason for the new policy was also confusing because Aboriginal people learnt that the Commonwealth provided untied funding to the Northern Territory for

a significant proportion of costs of supplying the service to remote communities.

The CLC supported community opposition to the way charges were imposed, making numerous representations to government and reporting on the issue to the United Nations. The CLC also helped focus national media attention on the dispute.

The power dispute inspired communities to consider wider issues of direct funding, local autonomy and control, self-determination and self-government.

One United Voice — Wangka Kutju Representatives from five major central Australian Aboriginal communities— Papunya, Kaltukatjara (Docker River), Yuendumu, Ntaria (Hermannsburg) and Walangurru (Kintore) — met on 30 June 1992 to discuss the protracted power dispute. The meeting called for all Aboriginal communities and

organisations to form a central Australian association of Aboriginal local governing bodies.

A larger meeting involving 13 communities held at Papunya on 14-15 July 1 9 9 2 launched “One United Voice” to act as a body to represent Aboriginal views on community-based issues. A number of resolutions were passed supporting the stand of Papunya residents, calling on theNorthem Territory Government to

Central Land Council Annual Report 1992— 93 65

implementa 12month moratorium on the introduction of power charges, and calling for direct community funding from the Commonwealth. The meeting nominated representatives to attend the Commonwealth Grants Commission conference (see page 66).

One United Voice met in a number of places throughout the CLC region and has grown in support Meetings were held atPapunya on 1 September 1992, Atula on 25-26 October 1992 and at Alice Springs on 24 May 1993 and 30 June 1993 to discuss a range of community-based issues.

Telecommunications The CLC represents Aboriginal consumers of standard telephone services on the Telecom Regional Consumer Council (TRCC). Constituents tell the CLC about problems and unmet needs regarding their services and these are passed on to the TRCC. Telecom has agreed to trial a special public pay phone for the hearing impaired in one central Australian community.

The CLC is a member of the National Coalition of Aboriginal Organisations which is represented on the national Telecom Australia Consumer Council (TACC). TACC meets quarterly in capital cities to consider consumer issues. One of the issues affecting Aboriginal consumers addressed by Telecom was that of the siting and use of payphones in remote Aboriginal communities. Dr Eve Fesl produced a report that was based on a number of central Australian communities and made some useful recommendations to improve the service.

The CLC also promotes an Aboriginal perspective on telecommunication issues through its membership of the Communications Telecommunications Network (CTN), a national coalition of consumer and community organisations.

The CLC also contributed to the formulation of a report by Austel that was released in December 1992 named Rural and Remote Telecommunications, Final Report to the Minister fo r Communications on the Extent o f Unmet Needs in Rural and Remote Areas fo r the Standard Telephone Service.

1993 — International Year of the World’s Indigenous Peoples (TYWIP) The United Nations declared International Year of the World’s Indigenous Peoples (IYWIP) has given indigenous peoples the opportunity to draw the world’s attention to our plight and our aspirations. There are many cultural, political and other activities taking place throughout Australia.

The Australian launch of the IYWIP took place on 10 December 1992 at Redfem, Sydney, with a speech by the Prime Minister, Mr Paul Keating. The Prime Minister’s landmark speech presented a challenge for Australia, when he said that the nation “cannot simply sweep injustice aside... our success in resolving these issues will have a significant bearing on our standing in the world”. Australia’s ability to respond to Mr Keating’s challenge, particularly in the drafting of native title legislation and the accompanying social justice package, is one way the IYWIP will be judged by the indigenous population.

Amnesty International In April 1992 the CLC co-ordinated a delegation from Amnesty International on a research visit to central Australian Aboriginal communities and organisations to investigate progress on the implementation of the Royal Commission into Aboriginal Deaths in Custody recommendations.

Its special report, "Australia — A criminal justice system weighted against Aboriginal people” , released in early 1993, slammed Australia’s justice system for its bias against Aboriginal people. The report says that Aboriginal people continue to be imprisoned in grossly disproportionate numbers and held in conditions which have contributed to a high rate of deaths in custody.

Amnesty International singled out the Alice Springs prison as “unacceptable according to international standards”. The Northern Territory Government was also criticised for its “two-kilometre” drinking law which was said to be “discriminatory” and responsible for many more Aboriginal people being detained in police cells.

Four Corners Council At the initiative of Tangentyere Council, the Four Comers Council— comprised of senior Aboriginal lawmen from central Australia — devised a social behaviour project for Aboriginal visitors to Alice

66 Central Land Council Annual Report 1992-93

At the CLC meeting at Alpurrurulam, council m em bers formally recognised the work o f long time CLC member, former Chairman, M r Wenten Rubuntja. A resolution m oved from

the floor o f the meeting congratulated Mr Rubuntja for his work as an advocate for the Aboriginal people o f central Australia. As well as his active membership of

the CLC, M r Rubuntja is a m em ber o f the Council for Aboriginal Reconciliation, Chair o f the Four Corners Council, m em ber o f the board of the Aboriginal Areas Protection Authority and the Conservation

Commission of the Northern Territory, and has a long history o f Involvement with Tangentyere Council.

Springs. The objective of the project is to reduce the level of alcohol abuse, violence and socially and culturally inappropriate behaviour by bush visitors in and around the town. The CLC, at its meeting at Mistake Creek, gave unanimous support to the program.

National Aboriginal Health Strategy — Tripartite Forum The CLC represents the Northern Territory Land Councils on the Tripartite Forum established to oversee the implementation of the National Aboriginal Health Strategy in the Northern Territory. The membership of the Forum is drawn ^ from Northern T erritory Government Departments, Northern Territory ATSIC Commissioners and

Aboriginal organisations. The CLC is represented on the Tripartite Forum by the Assistant Director, Mr “Tracker” Tilmouth.

Representations over Legislation Commonwealth Racial Vilification Law The CLC considered theFederal Government’s moves to outlaw racial vilification at its meeting at Alpurrurulam in March 1993 and resolved to

support the proposed amendments to the Racial Discrimination Act and the Crimes Act. The CLC also called on the Government to make funds available for community education about anti- racial vilification laws.

Northern Territory Coroners Bill During the year, the Northern Territory Government conducted a review of its Coroners Act, prepared a draft Bill and invited a submission from the CLC. Council members considered the proposed Coroners Bill at the CLC meeting at

Alpurrurulam in May 1993. The Bill failed to take up a number of recommendations from the Royal Commission into Aboriginal Deaths in Custody by, for example, not providing a clearly stated right

for the family of the deceased to appear at a Coronial Inquest.

The CLC resolved to urge the Northern Territory Government to fully implement the recommendations ' of the Royal Commission into Aboriginal Deaths in Custody in the Coroners Bill and to negotiate with Aboriginal organisations a protocol to ensure that coronial investigations fully take into account Aboriginal cultural practices.

Commonwealth Aboriginal Councils and Associations Act During the early part of 1993 the Commonwealth Government introduced a number of amendments to the Aboriginal Councils and Associations Act. The thrust of the amendments were to tighten accountability provisions relating to Aboriginal corporations. However, a number of the proposed amendments would have made it difficult for Aboriginal people needing to incorporate. This was particularly so with respect to excision applicants. The CLC was instrumental in lobbying the

L.

Central Land Council Annual Report 1992-93 67

Commonwealth Government to change the amending Bill to allow landholding groups to incorporate with at least five members rather than the 25 members normally required.

The Government is proposing further amendments to the Act and the CLC has requested the opportunity to make further submissions.

Conferences “Surviving Columbus” The CLC joined the NLC, the (Torres Strait) Island Coordinating Council and the North Australia Research Unit (NARU) of the Australian National University, in sponsoring a conference called “Surviving Columbus— The Indigenous Environment Today and Tomorrow”. The conference was held at Kormilda College in Darwin from 30 September to 2 October 1992 and was attended by 300 people. The CLC ensured that there was good representation from central Australian communities.

Speakers explored overseasperspectives on indigenous rights, particularly self-government, Australian constitutional possibilities, Aboriginal prospects for greater local autonomy and land, marine and environmental issues.

An important part of the conference was a number of workshops about marine issues, land management and community issues. The workshops provided the opportunity for people from remote communities to focus discussion on practical ways to increase community control over their own affairs. The conference helped to launch the current Northern Territory debate on Aboriginal self-government.

A conference report is available from NARU.

Indigenous Media The CLC was represented at the first National Media and Indigenous Australians Conference which was held in Brisbane on 15-17 February 1992. The conference was organised in response to the findings of the Royal Commission into Aboriginal Deaths in Custody. The Royal Commission reported that the manner in which indigenous peoples are portrayed and reported in the media is fundamental to a broad understanding of indigenous issues by all Australians.

The conference put forward a number of recommendations aimed at fostering a new era in the media industry based on improving Aboriginal media workers participation in the industry, training and award conditions, and on improving the understanding of indigenous issues in the media.

“Working Together — Planning Together” The CLC participated in this conference held in Alice Springs on 1-2 June 1993 on issues concerning Aboriginal people and Local Government. ATSIC funded the Local Government Association of the Northern Territory (LG ANT) to organise the conference which aimed to improve relations and dialogue between Aboriginal people and local government, and between ATSIC and local government.

The paper presented by the CLC outlined difficulties and problems with the Northern Territory Community Government schemes. There were 28 recommendations from the conference, many of which wereaimedat increasing the role and legitimacy of LG ANT— a body which does not have a large number of Aboriginal community councils as members.

“Northern Territory — Constitutional Change in the 1990s” CLC representatives attended the conference held in Darwin on 4-6 October 1992. It considered what form a possible new constitution would take if the Northern Territory were to become a state. Aboriginal speakers, and the majority of non-Aboriginal speakers, emphasised the importance of Aboriginal rights being entrenched in a constitution before any step to statehood is taken.

The Northern Territory Government’s campaign for statehood has provided a challenge for Aboriginal people to assess options and develop positions regarding the most appropriate form of constitutional recognition.

1 he Position of Indigenous Peoples in National Constitutions On 4-5 June 1993, the Council for Aboriginal Reconciliation and the Constitutional Centenary Foundation jointly hosted the conference to mark the IYWIP and the anniversary of the Mabo case. CLC representatives attended and participated in discussions about native title, constitutional possibilities,

68 Central Land Council Annual Report 1992-93

indigenous treaties, cultural diversity, customary law, self-determination and land and resource claims. Workshops considered constitutional issues and options for Australia.

Northern Territory Aboriginal Constitutional Convention A Steering Committee of representatives from the Northern Territory Land Councils, Northern Territory ATSIC Commissioners, Northern Territory Aboriginal Legal Aid Services, One United Voice and the Yolngu Government Association was formed early in 1993 to organiseaconstitutional convention for August 1993. Alexis Wright was appointed Co-ordinator and Vincent Forrester, President of the Central Australian Aboriginal Legal Aid Service, was appointed the Chairman of the Steering Comm ittee. The aim of the convention, to be called “Today We Talk About Tomorrow”, is to bring Northern Territory Aboriginal people together to focus on planning a process to achieve Aboriginal self-government by the

year 2001.

Northern Territory Ministry for Aboriginal Development The Northern Territory Government created a ministry to deal with Aboriginal affairs following the loss of the Arafura by-election in November 1992. The Ministry was first named Aboriginal Advancement but, after public ridicule, this was changed to Aboriginal Development.

Announcing the ministry, the Chief Minister, in a direct attack on the four Aboriginal land councils, said he was willing to provide funding to assist the formation of 12 more land councils. Subsequently the Chief Minister called for the settlement of all outstanding land claims as a matter of urgency, the resolution of excisions “difficulties”, and for the land councils to respond to his Government’s “good intentions”.

However, despite the public rhetoric, no serious offer to negotiate was ever received by the CLC.

The Chief Minister also denigrated Aboriginal councils and organisations by saying that “... after more than a decade of experience it is clear that there are fundamental problems which have threatened the proper delivery of services, have created maladministration and, too often, even misappropriation and outright fraud”.

Mr Ross, CLC Director, responded by saying that the offer of money to set up new land councils was part of the familiar tactic of “divide and rule”. He said that the Chief Minister seemed upset because the land councils are good at their job and stick up for Aboriginal rights. Mr Ross outlined some of the CLC’s criticisms of the Northern Territory Government: consistent opposition to land claims; weakening of

sacred site protection laws; opposition to Aboriginal control over access for development of their land; failure to deliver basic services; and the lack of resolution of long outstanding excision applications.

The CLC deeply regrets the lack of maturity exhibited by the Northern Territory Government in its dealings with Aboriginal people and organisations and in particular its unwillingness to recognise Aboriginal land rights.

International Visitors The CLC has hosted a number of overseas visitors during the year. Canadian, Frank Cassidy, Associate Professor in the School of Public Administration at the University of Victoria, British Colombia, visited in late 1992 and May 1993. His expertise is in the area of treaty negotiations, self governance and constitutional rights for Canada’s indigenous people. He discussed experiences in protracted negotiations, and considered the Mabo High Court ruling and the possibilities it presents.

In March 1993, Inuit leaders, Rosemarie Kuptana, President of the Inuit Tapirisat of Canada, the national political voice tif Canadian Inuit, and her husband Russell Newmark, chairman of the Inuvialit Petroleum Corporation, attended the CLC meeting at Loves Creek. Ms Kuptana urged Aboriginal people to strive for unity and to “dream the impossible”. She was involved in the extensive negotiations which eventually led to a comprehensive claims settlement and the establishment of the self-governing territory Nunavut. Russell Newmark explained how the claim settlement was being used to provide an economic base for the Inuit in their region. He highlighted the importance of using the investment to share the benefits, not by cash distribution, for all of the people in the region.

Canadian Ovide Mercredi, National Chief, Assembly of First Nations, visited in June 1993. He provided his perspective on the constitutional entrenchment of indigenous rights and warned on some of the possible pitfalls of self-government.

In June 1993 CLC staff and members of One United Voice were addressed by Moana Jackson of the Maori Legal Service, and Sharon Venn, a Cree Indian lawyer from Canada.

Central Land Council Annual Report 1992-93 69

Public Relations, Information and Media Many local, national and international organisations are interested in indigenous issues, land rights and the work of the Central Land Council. The CLC is often a first point of contact for information or opinion on these issues. The level of inquiries increased during the first half of 1993, with international interest increasing in the International Year of the World’s Indigenous Peoples and national and local inquiries raised in response to the national debate on the High Court’s Mabo decision. A small media and public relations unit services these inquiries and provides an information service for Aboriginal people

in the CLC region and for the wider public.

Media Liaison The media unit provides a monitoring service to the Council, the Director, his staff and to other sections of the organisation. The media unit also plays an important role in informing the public of the CLC’s policies and views on key issues.

The unit is the primary contact point for journalists seeking comment or interviews. Its functions include the preparation of press releases, briefing notes and other material to assist journalists, and preparing responses to media inquiries.

The unit plays a key role in coordinating media coverage of important events in which the CLC is involved, such as land tide ceremonies. There were six such ceremonies in the CLC region this year. The ceremony which attracted greatest attention from national media outlets was the handover of title to Wakaya and Alyawarr people by the Governor-General, the Honourable Mr Bill Hayden in October 1992. The title ceremony was held at Purrukwarra, aremote outstation on Wakaya traditional land, approximately 200 kilometres south east of Tennant Creek. The remoteness of the location presented a considerable

logistic challenge to media outlets, and CLC media staff worked closely with ministerial officers and national and local media representatives to assist them to successfully report the occasion.

The media unit also acts as a media contact or liaison point when requested by remote communities. During the early part of the year, two communities in dispute with the Northern Territory' Government over the introduction of power billing and other issues sought practical assistance from the CLC to communicate their concerns to the media.

The CLC received a number of enquiries and requests for advice and information about visiting Aboriginal communities and filming on Aboriginal land this year. As is the case with other requests for permission to enter Aboriginal land, instructions are sought from traditional landowners as to their wishes in respect of each request. The permit system administered by the CLC provides a framework which enables the traditional landowners to decline or to participate in these proposals on their own terms. The CLC media unit acts as a liaison point for media organisations, filmmakers, journalists and photographers and assists communities in dealing with such requests, including the formulation of contracts and special permit provisions. If requested by the community, a CLC staff member may also accompany film crews to act as a location coordinator.

An issue which has caused considerable concern and distress to Aboriginal people in central Australia in the past has been the publication of names or photographs of deceased Aboriginal people in the media. Following negotiations between CLC and Northern Territory Police last year, police developed a protocol to withhold the names and photographs of deceased people unless specifically requested by the family of the deceased to release them. A complaint was made to a local newspaper following the publication of an article which speculated on the identity of a deceased person, including publication of the person’s name. The article had caused considerable distress to relatives and community members who had not received official confirmation of the identity of the deceased. However this incident was one of the few of this kind which occurred this year, suggesting that local newspapers have responded to the CLC’s representations and joined other media outlets in respecting Aboriginal wishes on this sensitive issue.

70 Central Land Council Annual Report 1992-93

Public Relations In addition to responding to many personal and written requests for information on land rights and indigenous issues, the CLC also accommodates requests from larger groups seeking an insight into the Council’s work. A number of formal visits which include talks by key staff were arranged this year.

Visiting groups included Aboriginal and Torres Strait Islander Administration students from the University of South Australia, ATSIC Graduate Administration Program members, the Institute for Aboriginal Development Management students, Murchison Ranges Aboriginal Corporation, Batchelor College students, and Mt Evelyn Christian School students.

Publications The CLC produces several regular publications, including Land Rights News, a newspaper published in conjunction with the Northern Land Council, as well as a printed Newsletter and CLC Views, a video newsletter, for communities in its region.

Land Rights News is distributed to Aboriginal and Torres Strait Islander communities throughout Australia and is widely read in Australia and overseas. Four editions were published this year: August 1992, December 1992, March 1993 and May 1993.

The CLC produced three Newsletters, in October 1992, December 1992 and May 1993. An edition of CLC Views was produced and distributed in February 1993. Newsletters and videos provide information to the CLC’s constituents about the work and activities of the Land Council, decisions taken at Council meetings and other current issues, such as the High Court Mabo decision. They are distributed

to approximately 150 Aboriginal communities in central Australia.

An additional video on Mistake Creek, an Aboriginal-owned pastoral property in the far north west of the CLC region, was produced for information and public relations purposes. The 15 minute video focussed on the first major overseas sale of live cattle under Aboriginal management, but also illustrated the historical connections of the traditional landowners as cattle workers on the property and the benefits of the purchase. These included employment, the return of traditional landowners to live on their country,

setting up School of the Air and new training programs. Mistake Creek has been screened on Imparja Television, and has provided the basis for items on Aboriginal Australia and Footprints, commissioned by the Aboriginal Reconciliation Council to commemorate the International Year of the World’s Indigenous Peoples.

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Funding and Budget Process Section 63 of the Aboriginal Land Rights (Northern Territory) Act 1976 provides the basis for the Central Land Council’s funding arrangements. Payments come into the Aboriginal Benefits Trust Account (ABTA) from Commonwealth consolidated revenue in amounts that are equal to the level of royalties received by the Australian and Northern Territory Governments from mining interests on Aboriginal land in the Northern Territory.

Statutory royalty equivalents are distributed through the ABTA as follows:

■ 30% to the ABTA to meet its administrative expenses, to Northern Territory Aborigines on a grant basis, to land councils as section 64(7) payments, and to ABTA accumulating funds. • 30% to land councils for distribution to incorporated Aboriginal groups in areas affected by mining operations on Aboriginal land. • 40% to the land councils as section 64(1) payments to meet their administrative and statutory

obligations under the Act. This percentage is distributed to: Northern Land Council (22%), Central Land Council (15%), Tiwi Land Council (2%), Anindilyakwa Land Council (1%).

Section 34 of the Act requires the Council to submit an expenditure budget to the Minister for approval. The Central Land Council submits estimates for the coming financial year in May for approval by July. Revised estimates are submitted by 30 November for approval by 31 January. A second revision may be submitted by 31 May for approval by 30 June.

In 1992-93 the Central Land Council received $2,626,718 as a section 64(1) payment and $3,863,747 as a section 64(7) payment. This compared with an overall expenditure level of $7,831,455 comprising $ 1,082,578 in capital expenditure and $6,748,877 in recurrent expenditure.

The Council re-appointed Price Waterhouse, Adelaide as Auditors for 1992-93. The audited financial statements of the Council are attached to this report.

Receipts in Respect of Aboriginal Land T h e Land Council has a statutory responsibility to pass on money received as a result of resource

development and other activities on Aboriginal land. These payments are classified and regulated under the Land Rights Act according to their source:

• Money distributed to community organisations in areas affected by mining operations is known as “affected areas money” and is regulated by section 35(2) and section 64(3). These payments are based on statutory royalty equivalents which are tied to the level of mining royalties paid by companies to the Northern Territory and Commonwealth Governments, but are funded from the consolidated revenue of the Commonwealth Government. Groups who receive income from statutory royalty equivalents (“affected areas money”) are required to be members of an Aboriginal association which has been incorporated to receive and manage income for the benefit of its members.

Monies received as a result of negotiated agreements between mining companies and the traditional landowners of areas being mined are paid directly by mining companies to the Central Land Council and distributed pursuant to section 35(3) of the Act.

Exploration compensation receipts are distributed for community purposes for the traditional landowners of exploration licence areas under section 35(3). This money is paid directly by exploration companies to the Central Land Council and is compensation for disturbance due to exploration activities.

Other receipts from sources such as licences, leases and rental agreements are distributed pursuant to section 35(4).

72 Central Land Council Annual Report 1992-93

Organisation Structure COUNCIL (Elected delegates)

Chairman and Executive

DIRE CTOR

Assistant Manager Manager Manager

Director Administration Development Legal Services Planning

• Policy ■ Finance ■Mining ■ Legal Services

Public Relations -Human Land

■ Field Services Resources -Management ■ Council Services Corporate ■Land Tenure Pastoral Services LArea Offices

-Information Services Association Management

Kalkarindji -Mulitjulu -Tennant Creek -Papunya -Atnwengerrpe

Central Land Council Annual Report 1992-93 73

Money received by the CLC for distribution under section 35 is initially held in the Royalty Trust Account and subsequently transferred to the appropriate incorporated Aboriginal group, together with any interest earned.

Aboriginal incorporations that receive monies under section 35 are required under section 35A to lodge relevant financial statements with the Central Land Council.

The majority of incorporations have done so and the CLC continues to seek outstanding financial statements from the remainder.

Section 35 Determinations Under section 35 of the Aboriginal Land Rights (Northern Territory) Act 1976 the Central Land Council may make determinations as required for the disbursement of monies received from a number of sources. During 1992-93 the Central Land Council made the following determinations:

Section 35(1) During the 1992-93 no determinations were made.

Section 35(2) Monies from the ABTA for MLS 154 be distributed to the Warlpiri Aboriginal Corporation.

That 10% of the monies from the ABTA for the Tanami Mine be distributed to Kakalyalya Aboriginal Corporation and that 30% be distributed to Warlpiri Aboriginal Corporation with the remaining 60% being distributed to Wulaign Homelands Aboriginal Corporation.

Section 35(3) Monies received from Zapopan for Exploration Licences 6062,6063 and 6064 be distributed to the Warlpiri Aboriginal Corporation.

Monies received from Magellan for EP15 be distributed to the Warlpiri Aboriginal Corporation.

That Tnyimiputa Aboriginal Corporation may be arecipient corporation of monies from Palm Valley Gas.

The Aboriginal Associations Management Centre Most Aboriginal associations which receive funds under section 35 are incorporated under the Aboriginal Councils and Associations Act 1976.

Each association is managed by a committee of at least five persons, elected by Association members at a general meeting.

Payments are made from associations to eligible members and communities according to the rules of those associations. The Central Land Council provides administration, accounting and consultation services for a number of associations through the Aboriginal Associations Management Centre, which replaced the Associations Management Unit.

The Centre was relocated to separate premises in Kennett Court, Alice Springs in November 1992. Staff at the Centre are continuing to refine distribution procedures to enable a smoother, more efficient and better understood flow of payments to Aboriginal people.

Office Development The majority of the Central Land Council staff are based at the central office in Alice Springs (see Organisation Structure page 73).

New office facilities were provided at Mulitjulu following a health report which indicated asbestos particles in the ceiling and walls. 1992-93 also saw the opening of new facilities at Papunya and Atnwengerrpe.

Planning to alleviate overcrowding problems in the Alice Springs office were undertaken with a view to resolving these matters in 1993-94.

74 Central Land Council Annual Report 1992-93

Regional Offices The Central Land Council now has five regional offices in operation in its region, following the opening in October 1992 of the new Eastern Office at Atnwengerrpe, 280 kilometres north-east of Alice Springs.

Other regional offices are located at Tennant Creek, Mutitjulu (within the Uluru - Kata Tjuta National Park), Kalkarindji (on the Daguragu Aboriginal Land Trust) and Papunya (Haasts Bluff Aboriginal Land Tmst).

The establishment of these regional offices has resulted in a significant decentralisation of the Central Land Council’s functions and made services more accessible to constituents in these regions. Regional office development increases the Council’s capacity to deal with the broad range of political, social, cultural, economic and environmental management issues faced by traditional landowners. A particular

focus is community and outstation development, as Aboriginal landowners continue to “return to country” after land claim successes under the Aboriginal Land Rights (Northern Territory) Act 1976.

Regional office staff have a broad-ranging role which includes assisting with community development, land use and management; consultations in relation to proposed developments on Aboriginal land, including organisation of mining meetings; negotiation and consultation relating to excisions (community living areas); coordination with central office legal staff; assistance to land trusts; land claim work; sacred

site clearances; permit consultations; providing information to communities and councils; assisting council delegates from the region to attend council meetings and follow-up discussions on Council matters with delegates. Regional office staff have built a strong working relationship with the Aboriginal communities in their regions and have established effective liaison with Commonwealth and Northern

Territory Government departments providing services to those communities.

The regional offices are staffed at a minimum level with a Coordinator and Aboriginal Field Officer and some offices have clerical and administrative support staff. The majority of regional office staff arc Aboriginal, with field and administration support staff recruited from Aboriginal communities in the regional office areas.

The offices report to the Manager Development Planning Division, ensuring strong coordination of their operations with those of other divisions and sections of the Central Land Council.

Information Services Registry The Central Registry is operating on a fully computerised system. This system is being updated for the new network which will be operational soon.

Registry staff have attended a number of Training Courses on records management to give them a better understanding of registry practices and to enhance an already efficient service provided to other staff of the Central Land Council.

An archive program is in progress to ensure that all Central Land Council records are maintained in a proper manner. New procedures for ensuring safe handling of Central Land Council materials have been put into practice and are working well.

Library The Central Land Council Library includes over 5,000 monographs and approximately 250 serial titles. Cataloguing of library materials onto the new library system will continue throughout 1993-94. The Central Land Council library continues to access the Australian Bibliographic Network for current bibliographical searches. This provides access to records and locations in libraries around Australia. Inter­

library loans are limited to the general collection and serials collection only. Australian Library and Information Association (ALIA) vouchers are required outside the Northern Territory.

The library is staffed full-time by two people, with operating hours: Monday to Thursday, 8:00 am to 4:00 pm, and Fridays 8:00 am to 12:00 noon.

Central Land Council Annual Report 1992-93 75

Computer Services The overall computer environment has moved from MS-DOS to Windows. This required a move to graphic based application programs such as the word processor program Amipro and the spreadsheet program Quattro Pro for Windows.

A new network system has been installed which will eventually cater for 96 users. Currently the CLC has 64 computers which will be connected to the CLC computer network system.

Print output has improved with the use of laser printers technology. Low radiation monitors and appropriate ergonomic furniture has been introduced progressively during the year.

In house training programs have been held to enhance computer literacy.

During 1993-94 it is anticipated that a further 30 computer workstations will be introduced and further development in network development and customisation will be carried out.

Staff Development During the later part of 1992-93 the CLC commenced an intensive program of staff development, encompassing all levels of staff. This program has covered secretarial training, basic and advanced computer skills, and negotiation and conflict management skills. This is an ongoing training program that

will be expanded in the next financial year.

A staff development program for 1993-94 has been prepared which will allow all staff to participate in a variety of learning experiences and ultimately contribute to their future development within the organisation.

Two Aboriginal staff members are enrolled at South Australia University, and three other Aboriginal staff members are involved in courses conducted by the Institute for Aboriginal Development in Alice Springs.

Staffing At 30 June 1993, the Central Land Council employed staff on fixed term contracts extending for varying periods up to three years.

The Central Land Council’s terms and conditions of employment are governed by the Australian Public Sector (Central and Northern Land Council) Award.

A comparison of staff numbers is provided in the table below:

30 June 93 30 June 1992

Senior Executive Service 1 2 2

Senior Officer A 1 1

Senior Officer B 5 5

Senior Officer C 4 2

Administrative Service Officer 6 12 14

Administrative Service Officer 5 24 24

Administrative Service Officer 4 2 2

Administrative Service Officer 3 10 10

Administrative Service Officer 2 25 25

Administrative Service Officer 1 11 13

Trainees 4 2

Total Staff 100 100

76 Central Land Council Annual Report 1992-93

Telephone (08) 236 7000 75 Hindmarsh Square Adelaide South Australia Box 1219 Adelaide 5001

Fax (08) 236 7010 DX 4 59 Adelaide

Price Waterhouse INDEPENDENT AUDIT REPORT

TO THE EXECUTIVE OF THE CENTRAL LAND COUNCIL

We have audited the financial statements of the Central Land Council ("the Council") for the year ended 30 June 1993 as set out on pages 78 to 87. The Executive of the Council is responsible for the preparation and presentation of the financial statements and the information contained therein. We have conducted an independent audit of the financial statements in order to express an opinion on them to the Executive of the

Council.

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Ip

Our audit has been conducted in accordance with Australian Auditing Standards to provide reasonable assurance as to whether the financial statements are free of material misstatement and based on and in agreement with proper books of accounts. Our procedures included examination, on a test basis, of evidence supporting the amounts and other disclosures in the financial statements, and an evaluation of accounting

policies and significant accounting estimates. These procedures have been undertaken to enable us to report in accordance with Section 37A(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 and to form an opinion as to whether, in all material respects, the financial statements are presented fairly in accordance with Australian Accounting Concepts and Standards so as to present a view which is consistent with our understanding of the Council's financial position, the results of its operations and its cash flows.

The audit opinion expressed in this report has been formed on the above basis.

Qualification

As indicated in note 15 to the financial statements the Council has made distributions outside the period required by Section 35 of the Aboriginal Land Rights (Northern Territory) Act 1976.

Qualified Audit Opinion

1. In our opinion the financial statements of the Council:

0) present fairly in accordance with Australian Accounting Standards and Statements of Accounting Concepts the financial position of the Council as at 30 June 1993 and the results of its operations and its cash flows;

(ii) are based on proper accounts and records maintained by the Council in accordance with the Act;

(iii) are in agreement with the accounts and records.

2. With the exception of the matter referred to in the qualification paragraph above, in our opinion the receipt, expenditure and investment of monies and the acquisition and disposal of assets by the Council during the year have been in accordance with the Act.

P m j . /tfUaO'W

Price Waterhouse Chartered Accountants

Adelaide 6 December 1993

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Central Land Council Annual Report 1992-93 77

Central Land Council

Financial Statements for the year ended 30 June 1993

Chairman’s Certificate

I, Kunmanara Breaden, hereby state that to the best of my knowledge and belief the accompanying income and expenditure account is drawn up so as to give a true and fair view of the results of the activities of the Central Land Council for the year ended 30 June 1993 and the accompanying

balance sheet is drawn up so as to give a true and fair view of the state of affairs of the Central Land Council as at 30 June 1993.

In addition, funds received from the Aboriginals Benefit Trust Account and other sources, with the exception of the matter referred to in note 15 concerning distributions outside the period required by section 35 of the Act, have been expended in accordance with the provisions of the Aboriginal Land Rights (Northern Territory) Act 1976.

At the date of this certificate there are reasonable grounds to believe that the Central Land Council will be able to pay its debts as and when they fall due.

B. Breaden Chairman

Dated this 6th day of December, 1993.

78 Central Land Council Annual Report 1992— 93

STATEMENT OF INCOME AND EXPENDITURE FOR THE YEAR ENDED 30 JUNE 1993

CENTRAL LAND COUNCIL

NOTES 1993

INCOME

$

ABTA receipts - Subsection 64(1) 2,626,718

ABTA receipts - Subsection 64(7) 3,863,747

Bank interest 62,372

Other income 896,567

TOTAL INCO M E 7,449,404

EXPENDITURE Salaries and related expenses 4,5 3,972,076

Other operational expenses 3,5 2,776,801

TOTAL RECURRENT EXPENDITURE 6,748,877

OPERATING SURPLUS 700,527

UNFUNDED CHARGES Depredation 424,924

Loss/(profit) on disposal of fixed assets (4,616)

Movement in provision for annual leave (6,070)

Movement in provision for leave fares 21,254

Movement in provision for long service leave 45,867

TOTAL UNFUNDED CHARGES 481,359

SURPLUS/(DEFICIT) 219,168

ACCUMULATED FUNDS AT 1 JULY 3,788,942

ACCUMULATED FUNDS AT 30 JUNE 4,008,110

The accompanying notes form an integral part of these accounts

1992 $

5,352,181 1,500,000 95,243 706,563

7,653,987

3,416,876 2,485,321

5,902,197

1,751,790

320,710 (20,333) 18,881 3,809

35,241

358,308

1,393,482

2,395,460

3,788,942

Central Land Council Annual Report 1992-93 79

BALANCE SHEET AS AT 30 JUNE 1993

CENTRAL LAND COUNCIL

NOTES 1993 1992

$ $

CURRENT ASSETS Cash 7 1,567,356 1,569,302

Royalty Trust account 15 2,291,244 1,606,893

Receivables 8 87,992 170,483

Inventories 9 8,454 11,548

TOTAL CURRENT ASSETS 3,955,046 3,358,226

NON-CURRENT ASSETS Investments 10 4 4

Property, plant and equipment 11 4,186,103 3,523,833

TOTAL NON-CURRENT ASSETS 4,186,107 3,523,837

TOTAL ASSETS 8,141,153 6,882,063

CURRENT LIABILITIES Creditors and accruals 12 856,966 648,589

Provisions 13 601,020 539,969

Royalty Trust account 15 2,291,244 1,606,893

Administered funds 1(g) 316,819 230,676

TOTAL CURRENT LIABILITIES 4,066,049 3,026,127

NET ASSETS 4,075,104 3,855,936

ACCUMULATED FUNDS Surplus 4,008,110 3,788,942

Asset Revaluation Reserve 66,994 66,994

TOTAL ACCUMULATED FUNDS 4,075,104 3,855,936

The accompanying notes form an integral part of these accounts

80 Central Land Council Annual Report 1992-93

STATEMENTS OF CASH FLOWS FOR THE YEAR ENDED 30 JUNE 1993

CENTRAL LAND COUNCIL

NOTES 1993 1992

Inflows/

$

Inflows/

(Outflows) (Outflows)

CASH FLOWS FROM OPERATING ACTIVITIES Receipts from ABTA 5,382,565 5,635,681

Receipts from funding bodies, trade and other debtors 979,058 790,158

Interest received 62,372 72,674

Payments to trade creditors, other suppliers and creditors, and employees (6,537,406) (5,717,876)

Net cash flow from operating activities 14

CASH FLOWS FROM INVESTING ACTIVITIES Receipts from ABTA 1,107,900 1,216,500

Proceeds from sale of property, plant and equipment 200,251 195,885

Payments for property, plant and equipment (1,282,829) (1,431,060)

Net cash flows from investing activities 25,322 (18,675)

Net increase in cash held (88,089) 761,962

Cash at the beginning of the financial year 1,338,626 576,664

Cash at the end of the financial year 14(a) 1,250,537 1,338,626

The accompanying notes form an integral part of these accounts

Central Land Council Annual Report 1992-93 81

CENTRAL LAND COUNCIL N O T E S TO A N D FO R M IN G PA R T O F TH E FIN A N C IA L ST A T E M E N T S 1 · SUMMARY O F SIGNIFICANT ACCOUNTING POLICIES

The principal accounting policies adopted by the Central Land Council are stated to assist in a general understanding of these accounts. These policies have been consistently applied except as otherwise indicated.

(a) - BASIS O F ACCOUNTING The accounting methods adopted by the Central Land Council are in accordance with accounting standards required by the Australian Accounting bodies and/or by law, and accounting guidelines prepared by the Department of Finance, Canberra. The accounts have been prepared on the basis of historical costs and except where stated do not take into account current valuations on non-current assets. Non-current assets are revalued from time to time as considered appropriate. A policy of

revaluing non-current assets on an annual basis has not been adopted. (b) - INVENTORIES Inventories are valued at the lower of cost and net realisable value. Costs have been assigned to inventory quantities on hand at balance date using the first in first out basis.

(c) - DEPRECIATION Property plant and equipment, other then the library and freehold land, are depreciated over their estimated useful lives using the diminishing value method. Profits and losses on disposal of property, plant and equipment are taken into account in determining the surplus or deficit for the year. No depreciation has been calculated on the library. If sold, it would be expected to realise at least its cost value. (d) - INCOM E TAX No provision for income tax has been made in these financial statements.

Apart from mining withholding tax paid on mining royalty equivalents received, it is believed that no other income received or receivable to date is assessable for income tax purposes. (e) - CASH FLOW S For the purpose of the statements of cash flows, cash includes cash on hand, deposits held at call with banks and investments in money market instruments, net of bank overdrafts. Cash excludes the Royalty Trust bank account and administered funds.

(f) - COM PARATIVE FIGURES Where necessary, comparative figures have been adjusted to conform with changes in presentation for the current financial year. (g) - FUNDS HELD IN TRUST Royalties received on behalf of associations of Aboriginal people which are subject to payment in accordance with Section

35 of the Aboriginal Land Rights (Northern Territory) Act 1976 are held in the Royalty Trust account. This year for the first time the Royalty Trust bank account and the associated trust liabilty are included in the balance sheet of the Central Land Council. Comparative information reflects the new treatment. Details of receipts and payments during the year and balances held in the Royalty Tmst bank account at year end are disclosed at note 15.

The Central Land Council administers funds on behalf of a number of Aboriginal groups. These funds are administered at the direction of the relevant groups.

2 - FUNDING CONDITIONS

General: the funding conditions of the Central Land Council are defined by the Aboriginal Land Rights (Northern Territory) Act 1976. Accounting for monies received from the Aboriginal Benefits Tmst Account (ABTA) is subject to conditions approved by the Minister for Aboriginal Affairs. Mining Royalty Equivalents: mining royalty equivalents from the ABTA were received net of deductions of mining withholding lax. Only those amounts received during the financial year are included in the accounts.

3 - AUDITORS REMUNERATION 1993 1992

$ $

Amounts received, or due and receivable by the auditors for: Auditing the accounts 35,200 32,840

Other services 25,973 10,935

61,173 43,775

4 - REMUNERATION O F EXECUTIVE, CHAIRMAN AND DIRECTOR

The names of the Central Land Council Executive members who have held office during the year ended 30 June 1993 are: Barry Abbott (replaced 28 October 1992) Raelene Silverton Ben Clyne Lindsay Herbert

Paddy Patrick Jangala Rex Granites

Syd Anderson J Charles

J Skinner Tony Petrick

The Chairman of the Central Land Council is Mr B Breaden and the Director is M r D Ross. Both the Chairman and the Director held office throughout the year ended 30 June 1993.

Remuneration received or receivable by the Executive, Chairman and Director: 118,689 120,453 Payments to prescribed superannuation funds for the provision of retirement benefits for the Chairman and Director: 3,757 2,195

82 Central Land Council Annual Report 1992-93

NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS 5 · STATEMENT O F BUDGET AND ACTUAL EXPENDITURE

As requested by the Minister for Aboriginal Affairs, this statement details separately the administration costs of the Central Land Council (Over)

CENTRAL LAND COUNCIL

Budget Actual Variance /Under

$ $ $ Spent %

SALARIES AND R ELATED EXPENSES Leave fares 101,000 101,193 (193) (0)

Payroll tax 228,500 227,249 1,251 1

Salaries and allowances 3,410,000 3,436,015 (26,015) (1)

Superannuation 172,000 161,450 10,550 6

Temporary accommodation assistance 10,000 9,416 584 6

Workers compensation insurance 38,250 36,753 1,497 4

TOTAL SALARIES 3,959,750 3,972,076 (12,326) (0)

OPERATIONAL EXPENSES Accounting and audit 35,000 35,830 (830) (2)

Advertising 42,(XX) 37,303 4,697 11

Bank charges 12,000 11,514 486 4

Fees 696,500 599,817 96,683 14

Minor equipment and hire 95,600 87,771 7,829 8

Insurance 36,000 34,556 1,444 4

Printing 91,700 63,879 27,821 30

Publications 34,(XX) 30,791 3,209 9

Rents 24,500 27,445 (2,945) (12)

Repairs and maintenance 183,600 188,813 (5,213) (3)

Stationery 59,400 59,712 (312) (1)

Subscriptions and fees 58,300 52,727 5,573 10

Travel 895,250 825,756 69,494 8

Utilities 261,000 246,381 14,619 6

Vehicle usage 473,500 468,726 4,774 1

Visitor and staff amenities 5,500 5,780 (280) (5)

TOTAL OPERATIONAL 3,003,850 2,776,801 227,049 8

TOTAL RECURRENT EXPENDITURE 6,963,600 6,748,877 214,723 3

CAPITAL Land and buildings 306,500 248,042 58,458 19

Library 54,500 53,818 682 1

Motor vehicles (see note 6) 235,000 233,565 1,435 1

Plant, furniture and equipment 428,900 460,796 (31,896) a )

Software systems 83,000 86,357 (3,357) (4)

TOTAL CA PITA L EXPENDITURE 1,107,900 1,082,578 25,322 2

TOTAL EXPENDITURE 8,071,500 7,831,445 240,045 3

Central Land Council Annual Report 1992-93 83

CENTRAL LAND COUNCIL N O TE S TO A N D FO R M IN G PA R T O F TH E FIN A N C IA L ST A T E M E N T S

1993 $

1992 $

14 - CASH FLOW INFORMATION (continued)

(b) - Reconciliation of net cash provided by operating activities to operating surplus: Operating surplus 219,168 1,393,482

Capital receipts from ABTA (1,107,900) (1,216,500)

Depreciation and amortisation 424,924 320,710

Profit on disposal of fixed assets (4,616) (20.333)

Changes in assets and liabilities Decrease in trade and sundry debtors 82,491 61,027

Decrease in inventory 3,094 (5,934)

Increase in creditors, accruals and provisions 269,428 248,185

(113,411) 780,637

15 - ROYALTY TRUST ACCOUNT STATEMENT OF RECEIPTS AND PAYMENTS

Cash at bank, term deposits and debtors at 1 July 1992 1,606,893 982,283

Add receipts

Section 64(3) Statutory royalty equivalents 1,026,958 690,285

Sections 42, 43, 44, 46, 48a and 48d Negotiated monies 2,799,220 2,199,768

Sections 15, 16, 19 and 20 Rental and lease monies 986,455 870,422

Other monies 113,403 114,874

TOTAL RECEIPTS 4,926,036 3,875,349

Deduct payments Subsection 35(2) Statutory royalty equivalents 1,094,403 788,633

Subsection 35(3) Negotiated payments 2,135,460 1,785,935

Subsection 35(4) Rental and lease monies 1,009,685 661,379

Other payments 2,137 14,792

TOTAL PAYMENTS 4,241,685 3,250,739

Cash at bank, term deposits and debtors at 30 June 1993 2,291,244 1,606,893

Represented by funds held in trust for: Ahakeye Land Trust 104,703 -

Amoonguna Land Trust 1,154 1,090

Ankerle Land Trust 158 149

Central Desert Land Tmst 284,868 221,038

Dagaragu Land Tmst 30 2

Haasti Bluff Land Tmst 2,833 13,314

Merecnie negotiated royalties 51,362 30,558

Mungkarta Land Tmst 104,731 -

Ntaria Land Tmst 15,771 19,976

Palm Valley negotiated royalties 55,897 74,777

Santa Teresa Land Tmst 2,354 2,224

Statutory royalty equivalents 5,491 66,073

Sundry 4,368 27,093

Tanami negotiated royalties 1,457,446 969,306

Uluru Land Tmst 199,885 179,308

Yuendumu negotiated royalties 193 1,985

2,291,244 1,606,893

86 Central Land Council Annual Report 1992-93

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