Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Central Land Council—Report for 2013-14


Download PDF Download PDF

2013-14

Annu Al RepoRt 2013-14

Creative Commons licence

With the exception of the Commonwealth Coat of Arms and where otherwise noted, all material presented in this report is provided under a http://creativecommons.org/ licenses/by/3.0/ licence.

The details of the relevant licence conditions are available on the Creative Commons website at the following link: http://creativecommons.org/licenses/by/3.0/legalcode.

The document must be attributed as the Central Land Council Annual Report 2013-14.

Third party copyright for publications

This organisation has made all reasonable effort to:

• Clearly label material where the copyright is owned by a third party, and

• Ensure that the copyright owner has consented to this material being presented in this publication.

ISSN 2204-1494

All photos Central Land Council, unless otherwise credited.

Overview Of the CLC

Acting chair’s report 3

Director’s report 5

About the CLC 7

CLC Executive & Council members 11

CLC governance 14

Organisation structure 17

Performance report 18

Output GrOup 1 22

Land & natural resource management 1.1 Permits 23

1.2 Land & natural resource management 24

Output GrOup 2 37

Land claims & acquisition support 2.1 Land claims 38

2.2 Land acquisition 39

Output GrOup 3 40

economic development & commercial services 3.1 Land use agreements 41

3.2 Employment, education & training 46

3.3 Mining 53

3.4 Commercial assistance 63

Output GrOup 4 64

Advocacy services 4.1 Public awareness & education 65

4.2 Advocacy & representation 66

4.3 Cultural & heritage support 71

4.4 Community development support 74

Output GrOup 5 83

Administration & support services 5.1 Distributions 84

5.2 Administer land trusts 86

5.3 Dispute resolution 89

Output GrOup 6 90

Native title Native title 91

COrpOrA te MANAGeMeNt 98

fiNANCiAL St AteMeNtS 109

GLOSSAry 168

COMpLiANCe iNdex 172

C L C OV E R V I E W

3 CLC ANNUAL REPORT 2013-14

Before the Council elected me as deputy chair in April 2013, I was a ClC delegate for 12 years. I watched and learned a lot from the land council chairmen during those years: Mr Breaden, Mr Brown, Mr Bookie and Mr Wilyuka. other leaders who have influenced me were Jupururrla luther from lajamanu and Jampijinpa Martin from Willowra. they showed government how we like to work and were always there for their people.

ACtInG CHAIR’S RepoRt

CLC ANNUAL REPORT 2013-14 3

Francis Kelly

I did not get a whitefella education until I went to Darwin, after I turned 18, but I still respect my family. I know that with a good education Aboriginal people can achieve the same things as anybody else. For CLC members this means a good bilingual and bicultural education. We call it ‘two ways’. It means more Aboriginal teachers in remote communities, with all their skills and languages, and our own independent schools. The boarding schools the NT Government wants can be difficult. Kids get homesick and when they come back they are changed too much the whitefella way. I want every one of them to have the same educational opportunities as other Australian kids without having to give up what makes them proud Aboriginal people.

w hen i think about the relationship between government and Aboriginal people during the past year i think about a horse running away without a saddle. it hasn’t carried us along with the changes it keeps making.

There has been a lot of talk about changing land rights. Land rights should be about caring for our land and sharing it in good faith. Governments should not be telling us what to do with our land. It should listen to us and give us information for good decision making and respect our decisions. This did not happen with the nuclear waste dump proposal for Muckaty.

Our council will continue to lobby governments for more houses in our communities and to fix

our dangerous dirt roads so we do not have more deaths and cyanide spills. We will speak up for more doctors and dentists in our communities and more local treatment options for people suffering from the terrible kidney disease epidemic.

Our council has many achievements to celebrate. I am particularly happy that the Minister for Indigenous Affairs has recently acknowledged the successes of our community development program. We now have an independent report from La Trobe University, funded by the government, which confirms my thinking about the program: it is not like royalty payments to individuals. It is helping our communities to determine our own futures and to make us stronger and more self-sufficient.

Opening of the Mutitjulu pool in 2013. (Photo: Steve Strike)

4 CLC ANNUAL REPORT 2013-14

What this year has shown me is that we need good governance more than ever before. I want us to stick together and learn from each other and also do more research about what makes for strong governance. It is important for strong governance that the CLC has field officers in our communities who share information with the other staff and our people.

Tess Ross teaching a class at Yuendumu School, 1964, with Francis Kelly (wearing the beanie) in the front row. (Photo: National Archives of Australia)

Take the swimming pool the traditional owners in Mutitjulu opened last year. They planned it and paid for it with their rent money from the Uluru-Kata Tjuta National Park and Aboriginals Benefit Account (ABA) money and they have saved up enough to run it until 2017. That means that, unlike many other communities, they do not have to beg the government to keep their pool open. That is self-determination.

Our ranger program also continues to make us proud. I know that many more communities would like the opportunity of starting a ranger group and having real jobs on country but governments are not funding any more groups. We need more rangers to care for the land and to trap the foxes and pussycats that kill our native animals. I do not want more species to die out during my lifetime.

We also need more of our people to work in mining and stay in their jobs, like Mr Collins from Yuendumu who has worked at The Granites mine in the Tanami for the past 15 years and is still there.

I find myself the acting chair while the annual financial statements and annual report for the last financial year are being finalised. At the time of writing the CLC Executive has stood down Mr Maurie Ryan as a delegate and called a special Council meeting for September 2014.

(L-R) Gibson John, Shannon Lander and Dion Kelly at the Kurdiji Law and Justice Training for ranger program staff, Lajamanu, June 2014. (Photo: Graham Prichard)

C L C OV E R V I E W

5 CLC ANNUAL REPORT 2013-14

As the Central land Council approaches its fortieth birthday there has been much to celebrate. I was very proud that an independent review of our community development program has found that our innovative community development work is driving positive change on the ground where it counts. the program works with constituents who increasingly choose to use their income for projects that benefit their communities.

DIReCtoR’S RepoRt

Late last year I was pleased to help traditional owners at Mutitjulu open their swimming pool, which they had worked so long to build with their rent money from the Uluru-Kata Tjuta National Park and a grant from the ABA. I congratulated their working group on saving up their rent money to operate the pool until 2017. It was heartening to hear that its ‘yes pool, yes school’ policy was implemented throughout the pool’s very successful first season. With many pools in Aboriginal communities struggling to stay open the CLC has called on all levels of government to find a sustainable solution.

Another highlight was the opening of the new CLC ranger program base in Cameron Street, Alice Springs. The program continues to be one of the preferred employment options in remote communities. Eleven community ranger groups between them now provide almost 100 rangers with meaningful work in cultural and natural resource management and all the training they need to perform their tasks safely and effectively. As demand for ranger jobs continues to outstrip available funding we have initiated a ranger development strategy to look at options for long-term resilience and growth of the ranger program. I hope the new ranger facility will be the foundation for growing the program long into the future.

With the change of federal government in September 2013 the CLC had to establish relationships with new ministers and senior public servants. I travelled to Canberra with the CLC Executive in early 2014 to meet with ministers and departmental officials and brief them on CLC programs and priority issues.

Executive members expressed their grave concerns with the actions taken by the Minister for Indigenous Affairs to use the s.28A provision inserted into the Land Rights Act by the Howard government in 2006. It allows the minister to reallocate core functions of the existing land councils to new land councils. The specific functions that may be ‘delegated’ under this section are the power to grant leases (including township leases), consent to exploration and mining tenements and agreements and interests concerning land under claim. Members were particularly concerned that once a ‘delegation’ has been made the future of that ‘delegation’ is controlled by the minister. The minister’s attempt to make regulations pursuant to this section was disallowed by the senate and I now look forward to some constructive discussions about this provision and any associated regulations.

Forging new relationships in Canberra has been a challenge because of the move of the Indigenous affairs programs into the Department of the Prime Minister and Cabinet. This significant restructure of departmental arrangements is still underway and constant staff changes make it difficult to develop effective lines of communication. There appears to be a dramatic loss of officers with knowledge and experience of Indigenous issues in, and relationships with, remote Australia. This is going to make it difficult to achieve positive program outcomes in the coming 12 months.

As predicted, the CLC’s workload associated with the previous government’s ‘secure tenure’ policy has further intensified during this financial year. We consulted with traditional owners about 144

David Ross

6 CLC ANNUAL REPORT 2013-14

opposed to the siting of a nuclear waste repository at Muckaty received welcome news that the Australian Government and the Northern Land Council were no longer supporting the controversial nomination. This announcement ended more than five years of turmoil and struggle for that group. I congratulate the traditional owners on their victory and call on the Australian Government to ensure that future site selection is based on scientific evidence and informed community consent.

One feature of the recent oil and gas rush in the Northern Territory, hydraulic fracturing or ‘fraccing’, is being hotly debated by traditional owners and the general community alike. The controversy makes it even more important that the CLC provides all the information it can to ensure that traditional owners are able to make an informed decision. Some groups are consenting to fraccing on their country, while others remain concerned. The traditional owners of Watarrka (Kings Canyon) National Park are opposed to oil and gas exploration on their country within the park. The CLC has asked the NT Government to refuse these applications. Our submission to the Hydraulic Fracturing Inquiry in the Northern Territory reflects the concern of our constituents about the lack of regulation of this controversial procedure, and in particular about the safety and sustainability of community water supplies.

Land rights continue to elude some groups in the CLC region, as demonstrated by the failed negotiations for the purchase of Henbury Station. In this case it was Pertame traditional owners who were left disappointed. In spite of the CLC’s strenuous efforts and clear ministerial encouragement, the property was sold to a consortium of pastoralists - a bitter blow to the land’s traditional owners.

It has once again been a very busy year and I have been inspired and impressed by the dedication and professionalism of the CLC staff. Less impressive were the internal governance issues the CLC has been confronting. At the time of writing Maurie Japarta Ryan has been suspended by the CLC Executive. His suspension follows an independent investigation into his behaviour. The Executive has recommended to the Council that it elect a new chair at a special meeting in September 2014. Despite these distractions the Council has worked hard to efficiently achieve its statutory functions and protect the rights and interests of Aboriginal people living in the bush.

Finally, I want to thank the hard working and committed CLC staff for their efforts and support during a challenging period for both the CLC and for me personally.

applications for leases, concerning 623 lots. Thirty-nine lease applications were from non-government entities, such as arts centres, but we had no expressions of interest from aspiring homeowners.

With the change of government the tired old argument that land rights are to blame for the lack of businesses, jobs and private houses in remote communities appears to have gained fresh currency. It remains unsupported by the evidence. There are no more Aboriginal employees, homeowners and entrepreneurs in small NT Aboriginal communities on freehold land than in those on Aboriginal land. What both types of communities have in common are the real barriers: school attendance rates that are not improving fast enough, education outcomes that are going backwards, the nation’s worst roads, and rivers of grog fuelling dysfunction and misery for generations to come.

The major banks have confirmed that the problem is not land tenure but remoteness, high costs, the real risk of negative equity and low demand. Aboriginal people have legitimate fears of losing their customary land and many will struggle to afford even a cheap mortgage. The complex issues associated with housing provision and management in remote communities need to be tackled cooperatively and based on clear evidence. The CLC is interested in ensuring that there are future opportunities to diversify the remote housing sector. For example, the CLC has been investigating options for community-based models to take over from Territory Housing when their subleases come to an end.

In February 2014 I accompanied some members of the CLC Executive on a visit to the Lucas Heights reactor where they hoped to learn more about radioactive waste generation and storage. The traditional owners

Missed by members and colleagues: former CLC media manager, Kumanjaye Hodson (left), who passed away in March 2014.

C L C OV E R V I E W

7 CLC ANNUAL REPORT 2013-14

It has performed its statutory functions with outstanding success. More than 410,000 square kilometres of land are now Aboriginal freehold under the Land Rights Act.

After 1997, when land could no longer be claimed, the CLC invested more in land management to enable traditional owners to deal with threats and to benefit from opportunities on their land. In response to their aspirations it supported them with pastoral activity, feral animal control, fire management and biodiversity conservation.

The CLC now also leads the country with its community development program. Constituents increasingly use rent and royalty monies from mining and compensation payments to build and maintain infrastructure and to fund programs that benefit their communities.

The CLC is one of four Northern Territory land councils operating under the Land Rights Act. It carries out its statutory functions in the entire southern half of the NT - an area of some 780,000 square kilometres. Its members belong to more than 15 language groups.

A 90-member council governs the CLC. These representatives are elected from Aboriginal communities around its region and meet three times a year in various bush locations. Council delegates many of its functions to a nine-member executive elected by the members and headed by the chair and deputy chair.

The CLC consults with Aboriginal landowners on mining, land management, tourism, employment and other development proposals for their land.

It operates under the Commonwealth Authorities and Companies Act 1997. It is audited by the Australian National Audit Office every year.

ABout tHe ClC

the Central land Council is a Commonwealth statutory authority operating under the Aboriginal land Rights (northern t erritory) Act 1976 (Cwlth) (the land Rights Act, or the AlRA) and is a native t itle Representative Body under the native t itle Act 1993 (Cwlth) (the native t itle Act).

The CLC’s sources of revenue reflect the evolution of its operations. Aboriginals Benefit Account (ABA) funding made up $15.3 million of that revenue; in the 2013-14 financial year, the CLC had operating expenses of $35.5 million and capital expenditure of $3.6 million.

The CLC is one of the largest employers of Aboriginal people in the NT, employing a staff of 235, of whom 113 are Aboriginal.

HisTory The CLC’s roots reach deep into the Aboriginal struggle for justice in Central Australia; for example, the famous strike and walk off by the Gurindji people at Wave Hill cattle station in 1966. In response to Aboriginal demands, the Whitlam government set up a royal commission into land rights in the Northern Territory in 1973. It recommended that Central and Northern land councils be established in order to present the views of Aboriginal people.

A 1975 meeting of representatives of Central Australian Aboriginal communities elected Charlie Perkins and Wenten Rubuntja as chair and vice chair respectively, and the Central Australian Aboriginal Legal Aid Service assigned a lawyer to work with them.

Later that year the Land Commissioner began hearing claims about the needs of Alice Springs town camp residents. The Whitlam government drew up an Aboriginal Land Rights Bill; however, it was dismissed before the bill could be passed. In June 1976 the new Liberal-Country Party government passed the legislation but omitted provisions for land claims based on need and various other features of the original bill. In the same year, the CLC published the first edition of Land Rights News, now Australia’s oldest Aboriginal-owned newspaper.

8 CLC ANNUAL REPORT 2013-14

The Land Rights Act came into operation in January 1977. It gave Aborigines title to most of the Aboriginal reserve lands in the NT and the opportunity to claim other land not already owned, leased or used.

One year later the CLC celebrated its first successful land claim. Like almost all claims that followed, the w arlpiri and Kartangarurru-Gurindji land claim was won against the bitter opposition of the Nt’s Country Liberal p arty government.

CLC constituents began to set up outstations on their country but some were unable to return because they lacked water and other essential infrastructure.

In 1983, in line with the recommendations by HC Coombs, members elected a new, regionally based executive. Kimberley priest Patrick Dodson was hired to manage what would become the CLC’s directorate, while two research officers started the land management section.

In the same year custodians set up a protest camp at the Alice Springs Telegraph Station to stop an NT Government proposal for a recreational lake that would have flooded sacred sites. The Commonwealth followed up on its promise to protect sacred sites with the Aboriginal and Torres Strait Islander Heritage Protection Act but left the protection of sites to ministerial discretion.

In 1984 traditional owners gave the Alice to Darwin railway the all clear. Two years of attempts to establish a Central Australian Women’s Council failed.

The Governor-General, in 1985, handed back the title for the Uluru-Kata Tjuta National Park to the traditional owners, who leased it back to the Commonwealth for joint management. Patrick Dodson became the CLC’s first director and the CLC opened its first regional office in Tennant Creek, followed by seven more offices in remote communities.

In 1986, in response to a mining industry campaign, the Commonwealth abandoned its commitment to national land rights legislation and tried to weaken the Land Rights Act.

The following year the CLC helped Ipolera outstation near Hermannsburg to become the first community to open a small tourism business, and the Commonwealth inserted a 1997 deadline on all land claims in the Land Rights Act.

In 1988 the CLC and traditional owners signed an exploration agreement for the area around The Granites in the Tanami desert - the first agreement negotiated from scratch under the Land Rights Act.

Later that year CLC members joined a convoy to the bicentenary protest march on Australia Day in Sydney. CLC chair Wenten Rubuntja and NLC chair Galarrwuy Yunupingu presented prime minister Bob Hawke with the Barunga bark petition calling for a treaty.

In 1990 the NT Government tried again to dam the Todd River, against the will of the traditional owners, and damaged sacred sites near Junction Waterhole. After a long CLC campaign, the Commonwealth in 1992 declared the sites protected for 20 years.

The Barrow Creek Telegraph Station, site of an 1874 massacre of Kaytetye people, was handed back in 1992 to the traditional owners, despite NT Government obstruction.

The CLC became a Native Title Representative Body in 1994 following the passage of the Native Title Act 1993 (Cwlth). It lodged its first, and ultimately successful, native title claim over the town of Alice Springs. It also won a settlement of the long-running Lake Amadeus land claim.

In 1997 the sunset clause in the Land Rights Act came into effect. The CLC managed to lodge several claims before the deadline, especially over parks and reserves.

Lands rights came under siege again in 1998 when the Howard government launched reviews of both the Land Rights Act and the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cwlth), and sought to weaken the Native Title Act following an unprecedented scare campaign.

The CLC’s mining and employment unit commenced operations in 1999. Five years later, 20% of the mining workforce in the Tanami was Aboriginal. Also in 1999, the NT Government gained control of parts of the Native Title Act and replaced the right for Aboriginal people to negotiate with a limited right to be consulted and to object. The House of Representatives launched an inquiry into the review of the Act, which sparked an outcry with its recommendation to dismantle the land councils.

The Lajamanu ranger program - the first of the CLC’s ranger programs - started in 2001, in part funded by royalty payments.

In 2004 the CLC and the NT Government negotiated joint management arrangements for 20 national parks and reserves. Sixteen were to be handed back to their traditional owners and leased to the NT Government for 99 years, with four jointly managed under Indigenous Land Use Agreements.

Following requests by Aboriginal educators in the Tanami the CLC established its community development program in 2005. The first program

9 CLC ANNUAL REPORT 2013-14

C L C OV E R V I E W

initiatives, the Warlpiri Education and Training Trust (WETT) and the Uluru Rent Money Project, saw Aboriginal groups plan and implement community benefit projects with their collective income from royalty and rent payments.

The first Indigenous Protected Area in the CLC region, the Northern Tanami IPA, was declared in 2007. This was followed by the 10 million hectare Southern Tanami IPA in 2012, the largest protected area in the country. The Howard government amended the Land Rights Act again in 2006, allowing the delegation of core CLC functions to Aboriginal corporations whose members may not be traditional land owners and / or lack the capacity to carry out CLC functions.

In 2008 the CLC commemorated the eightieth anniversary of the 1928 Coniston massacre. The community development unit started the Granites Mine Affected Area Aboriginal Corporation (GMAAAC) Project, which invests compensation income in community benefit projects throughout the Tanami region.

In 2009, Indigenous Affairs Minister Jenny Macklin opened the CLC’s new building, where all sections could be located together for the first time since 1986. Minister Macklin also handed back seven national parks at this time.

The CLC delegates elected Tennant Creek’s Gina Smith as the first female deputy chair in 2010 and decided to use all rent income from jointly managed national parks for community benefit projects through the CLC’s new NT Parks Project.

In 2012 the CLC delegates accepted the Commonwealth’s final and much improved

The seeds of the community development program - a Warlpiri Triangle Meeting in Yuendumu discusses WETT projects, August 2006. (Photo: Kumanjaye Hodson)

compensation offer for the 30 compulsory community leases taken out during the Northern Territory Emergency Response. They voted unanimously to spend the majority of the payments on community benefit projects with the support of the new Community Lease Money Project.

Following the Strong Aboriginal Governance Summit in Tennant Creek, the Commonwealth in 2013 invested in a new Aboriginal Governance and Management Program to assist struggling Aboriginal organisations. The program is coordinated by the Aboriginal Peak Organisations of the NT, which includes the CLC.

CLC Director David Ross addresses the Strong Aboriginal Governance Summit, Tennant Creek, 2013. (Photo: Kumanjaye Hodson)

Indigenous Affairs Minister Jenny Macklin opens the new CLC Building with Chair Lindsay Bookie, June 2009. (Photo: Murray Silby)

10 CLC ANNUAL REPORT 2013-14

sT aTuTory funCTions The statutory functions of the Central Land Council are described in Section 23 (1) of the Land Rights Act. Although they are determined by the Act, the CLC is first and foremost a representative organisation for the Aboriginal people in its area.

The functions of a land council are:

• to ascertain and express the wishes and the opinion of Aboriginals living in the area of the land council as to the management of Aboriginal land in that area and as to appropriate legislation concerning that land

• to protect the interests of traditional Aboriginal owners of, and other Aboriginals interested in, Aboriginal land in the area of the land council

• 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

• to consult with traditional Aboriginal owners of, and other Aboriginals interested in, Aboriginal land in the area of the land council with respect to any proposal relating to the use of that land

• where the land council holds in escrow a deed of grant of land made to a Land Trust under Section l2:

i. to negotiate with persons having estates or interests in that land with a view to the acquisition of those estates or interests by the Land Trust; and

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

• 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

• to assist Aboriginals in the area of the land council to carry out commercial activities (including resource development, the provision of tourist facilities and agricultural activities) in any manner that will not cause the land council to incur

financial liability or enable it to receive financial benefit • 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 • to negotiate and enter into agreements, as necessary, for the purposes of subsection 70 (4); • 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

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

CLC Executive visit to Canberra: Ngarla Kunoth-Monks, Maurie Ryan, Jenny Macklin, Neville Petrick, Mervyn Rubuntja, Sammy Butcher, Peter Wilson and Francis Kelly.

C L C OV E R V I E W

11 CLC ANNUAL REPORT 2013-14

region 1: aliCe springs executive member: Michael Liddle (replaced Mervyn Rubuntja as interim Executive Member in June 2014) santa Teresa: Raymond Kiernan Titjikala: Phillip Wilyuka Wallace rockhole: Bernard Abbott amoonguna: Roseanne Ellis uruna: Raelene Silverton y atesman Bore: Patrick Oliver Tangentyere: Baydon Williams (replaced Mervyn Rubuntja in June 2014) lhere artepe: Michael Liddle and Peter Wallace ingkerreke outstation: Veronica Lynch iwupataka: Michael Campbell Hermannsburg: Galvin Raggett Tjuwanpa: Roxanne Kenny, Conrad Ratara

region 2: souTH WesT executive member: Vincent Forrester (replaced Peter Wilson in November 2013) Walatjata Outstation: Tony Paddy imanpa: David Wongaway and Leslie Lucky areyonga: Peter Wilson finke: David Doolan Docker river: Barnaby Kunia Docker river outstations: Sidney James Mutitjulu: Vincent Forester Kings Canyon: Julie Clyne Tempe Downs: Bruce Breaden

region 3: nor TH WesT

executive member: Geoffrey Barnes Bamboo springs: Jeanie Rogers Mistake Creek: Natasha George Daguragu outstations: Maurie Ryan and Regina Teddy Daguragu: Jimmy Wavehill lajamanu outstations: Joe James lajamanu: Andrew Johnson and Geoffrey Barnes

ClC eXeCutIve & CounCIl MeMBeRS

North West

Eastern Sandover

Tennant Creek

Eastern Plenty

Western

South West

Alice Springs

Tanami

Central

Mervyn Rubuntja

Peter Wilson

Geoffrey Barnes

12 CLC ANNUAL REPORT 2013-14

region 4: TanaMi executive member: Teddy Long nyirrpi: Ben Gallagher y uendumu: Harry Nelson and Francis Kelly y uendumu outstation: Walter Lechleitner and Warren Williams Tanami Downs: Peggy Granites Napurrula Willowra: Teddy Long and Dwayne Ross Mt Barkly: vacant Mt Denison: Roslyn Jones

region 5: WesTern executive member: Sammy Butcher papunya: Sammy Butcher papunya outstations: Sid Anderson Haasts Bluff outstation: Douglas Multa Tjupurrula Haasts Bluff: Suparkra Jugadai; Mt liebig outstations: Roderick Kantamarra Mt liebig: Neil Leon Peterson Walungurru (Kintore) outstations: Max Pollard Walungurru (Kintore): Riley Major Mbunghara: Terry Morris

region 6: TennanT CreeK executive member: Michael Jones Mungalawurru: Cynthia Lauder ngurratiji (ngurramanyi): Pat Murphy Kunayungku: Brian Tennyson Karlanjarriyi: Sandra Morrison epenarra: Benjamin Beasley Tennant Creek: Heather Rosas Canteen Creek: Adrian Mick Wunara: Tony Willy alekerange: Keith Thompson and Ned Kelly imangarra / Murray Downs: Billy Spratt patta: William Ah Kit

ClC CHair Maurie ryan ClC DepuTy CHair franCis Kelly

Teddy Long

Sammy Butcher

Michael Jones

13 CLC ANNUAL REPORT 2013-14

C L C OV E R V I E W

region 7: easTern sanDover executive member: Ngarla Kunoth-Monks alpurrurulam (lake nash): Maxie Ray ampilatwatja: Frankie Holmes urapuntja: Ngarla Kunoth-Monks, Casey Holmes alparra: Rosco Loy, Valda Rosco irrultja: Patrick Ross Derry Downs: Stephen Bob atwengerrpe: Tex Lewis

region 8: easTern plenTy executive member: Neville Petrick Bonya: Natalie Madril urlampe: Allan Rankin alcoota: Kevin Bloomfield irrelirre / no 5: Neville Petrick Mt eaglebeak: Herbie Bloomfield akarnehe Well: Andrew Reiff atitjere (Harts range): Peppi Drover

region 9: CenTral executive member: Jasper Haines Woola Downs / adelaide Bore: Laurie Price y uelamu: Daniel Stafford, Ron Hagan Ti Tree station: Jasper Haines Wilora (stirling): Harry Moore Ti Tree (6 Mile): Malcom Ross laramba: Peter Stafford Tara: Tommy Thompson Thangkenharange: Dwayne Jabiard

aBa MeMBers

Ngarla Kunoth-Monks

Neville Petrick

Jasper Haines

Maurie Japarta Ryan Conrad Ratara Veronica Lynch Harry Nelson Sandra Morrison

14 CLC ANNUAL REPORT 2013-14

DIReCtoR’S RepoRt

C L C OV E R V I E W

ClC GoveRnAnCe

enaBling legisla Tion The CLC operates under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cwlth) (the Land Rights Act, or the ALRA).

responsible minister There were two responsible ministers during 2013-14. From 1 July to 18 September the former Minister for Families, Community Services and Indigenous Affairs, the Hon. Jenny Macklin, was the responsible minister; thereafter the responsible Minister was the Hon. Nigel Scullion, Minister for Indigenous Affairs.

statutory functions The statutory functions of the CLC are described in Section 23 (1) of the Land Rights Act and are detailed on page 10.

CounCil The CLC is a council of Aboriginal people from across the southern half of the NT. Its 90 members represent 75 remote communities and outstations.

Any Aboriginal person is eligible for membership, provided they are living in or are traditional owners of land within the CLC area, and meet the eligibility requirements set out under the Land Rights Act.

The process for choosing members is determined by the Council and is subject to approval by the Minister. It includes the list of communities and outstations that can nominate members and the allocation of representatives from each community. Every three years, communities and outstations choose their council members. Small communities nominate their representatives, while larger communities vote for their representatives at community meetings convened by the CLC.

At the start of each term of the Council the members elect a chair, a deputy chair and nine executive members. They also elect five members to the Aboriginals Benefit Account (ABA) Advisory Committee, which provides advice to the Minister for Indigenous Affairs regarding the expenditure of s.64 (4) funds - the community grants program. Council has resolved that two of the CLC positions on the ABA Advisory Committee are reserved for women. The ABA members at 30 June 2014 were Maurie Ryan, Harry Nelson, Conrad Ratara, Sandra Morrison and Veronica Lynch. The chair, deputy chair and ABA members are elected by preferential voting in elections overseen by the Australian Electoral Commission.

The Council is responsible for determining policy and the strategic direction of the CLC. It meets three

The Central Land Council is made up of 90 elected representatives from 75 communities and outstations.

15 CLC ANNUAL REPORT 2013-14

C L C OV E R V I E W

exeCuTive MeeTings 2013-14

Meeting dates

resolutions passed apologies given

9 July 2013 31 Francis Kelly (deputy chair), Peter Wilson, Mervyn Rubuntja

1 August 2013 19 None

27 August 2013 20 Geoffrey Barnes, Ngarla Kunoth-Monks

17 September 2013 20 None

15 October 2013 20 Michael Jones

11 December 2013 49 None

12 February 2014 18 Francis Kelly (deputy chair),Ngarla Kunoth-Monks, Michael Jones,

4 March 2014 25 Geoffrey Barnes

1 May 2014 26 Ngarla Kunoth-Monks

22 May 2014 23 Ngarla Kunoth-Monks

24 June 2014 10 Francis Kelly (deputy chair), Ngarla Kunoth-Monks

times per year in different locations in the CLC region. Meetings are generally open to all Aboriginal people in the CLC region, but only council members may vote or hold office.

CounCil MeeTings 2013-14

Meeting dates location

resolutions passed

13-15 August 2013 Harts Range 2

12-14 November 2013 Ross River 7

1-3 April 2014 Lajamanu 5

20-21 May 2014 Tennant

Creek

1

CounCil eleCTions The term of the current 90 Council members, elected in April 2013, ends in April 2016. Council can elect a new chair at any time by resolution and, during 2013-14, Council held an election for the position. The existing chair, Mr Maurie Ryan, was reconfirmed in his position.

THe exeCuTive The 11-member Executive is a committee of the Council pursuant to s.29A of the Land Rights Act. The Executive comprises nine members representing the CLC’s nine administrative regions plus the chair and deputy chair.

The Executive meets between council meetings. It held 10 meetings in Alice Springs and one in Tennant Creek.

Pursuant to s.28 of the Land Rights Act the Council has delegated all its powers capable of delegation (except those powers which have been delegated to the director, chair and financial controller) to the Executive. In practice this means that the majority of matters requiring formal resolution, such as land use agreements and Part IV mining matters, are brought to the Executive, leaving the Council to make decisions about policy matters.

During this period there were two changes to Executive representation. In November 2013, Vincent Forrester replaced Peter Wilson, and in June 2014 Michael Liddle replaced Mervyn Rubuntja as interim Executive member.

16 CLC ANNUAL REPORT 2013-14

Pursuant to reporting obligations under the CAC Act the CLC advised the Minister during the year of the actions of the CLC chair, Maurie Ryan, seeking to remove the director (chief executive officer) of the CLC, David Ross.

The employment contract of Mr Ross was renewed by the Council during the year, but Mr Ryan disagreed with the determination and undertook actions which the Executive subsequently found to be inappropriate.

At its meeting on 1 May 2014 in Alice Springs the Executive members resolved that Mr Ryan no longer had their confidence to carry out the duties of chair due to his actions being detrimental to the CLC.

A special Council meeting was called to consider the matter on 20-21 May 2014. Following lengthy deliberation by Council members and express requests for the chair to work together with the director and staff of the organisation, an election for chair was called and Mr Ryan was re-elected.

Following this meeting Mr Ryan purported to convene a meeting of the Executive without due notice on 30 May 2014 and, despite no quorum being present, purported to suspend the director. Although advised by the CLC General Manager - Legal that the meeting was invalid, Mr Ryan provided material to the Minister on 30 May contending to be a record of that meeting which was false and misleading.

His actions in respect of the director’s employment were of no legal effect but were reported in the local media and continue to cause detriment to the CLC.

A complaint of bullying and harassment has been made by the director in respect of Mr Ryan’s actions and an independent lawyer has been appointed to investigate the complaint and to provide a report to the Council on the matter.

The investigation is expected to be completed in the second half of 2014.

CoDe of ConDuCT The Council has adopted a code of conduct, which incorporates requirements under the CAC Act and seeks to establish ethical standards and behaviour. Explaining and discussing the code of conduct is a key part of the induction process. The code of conduct sets out processes for dealing with members who breach the code. A copy of the code of conduct is a permanent insert in Council folders provided at each meeting, and is available on the CLC website.

CaC DireCTors’ DuTies All elected members of the CLC are directors under the Commonwealth Authorities and Companies Act 1997 (the CAC Act). At the beginning of the term of the chair, the CLC offered an independent support person to provide governance support, meeting skills training and personal support as required. The chair did not accept this offer. The chair was provided with initial computer training and was offered more intensive training but has also declined this offer. The chair agreed to and was provided with a management coach who was available on a monthly basis to provide independent guidance. All members of the Council, including the chair and deputy chair, have been provided with CLC specific governance training.

Mr Jones addresses the CLC’s Council meeting at Tennant Creek in May.

17 CLC ANNUAL REPORT 2013-14

C L C OV E R V I E W

oRGAnISAtIon StRuCtuRe

• Community development framework & governance • Community planning & project management • Monitoring & evaluation

community

development

• Traditional ownership identification (TOID) • Land claims • Work area clearances

anthropology

• Regional land management • Community ranger program • Joint management • Enterprise development • Employment

land management

• Lajamanu • Alparra • Papunya • Yuendumu • Kalkaringi

• Mutitjulu • Tennant Creek • Atitjere • Alice Springs

regional offices

• Executive management • Policy • Communications • Council & Executive liaison

directorate

• Community liaison • Regional office support

regional services

• Exploration applications • Mining agreements & employment

mining

• Native Title applications • Land use agreements

na tive title

• Financial management • Human resources • Records & library • Information technology • Aboriginal Associations

Management Centre - royalty associations • Technical services

corporate services

• Land claims • Agreements • Legal advice

legal

director

chair deputy chair

executive 11 members

central land council

90 members from 75 communities and outstations

Audit

Committee

• Tennant Creek Regional Office

18 CLC ANNUAL REPORT 2013-14

C L C OV E R V I E W

peRfoRMAnCe RepoRt

ouTpuT

1.1 perMiTs

1.2 lanD & naTural resourCe ManageMenT

lanD & naTural resourCe ManageMenT

ouTpuT

2.1 lanD ClaiMs

2.2 oTHer lanD aCquisiTion

lanD ClaiMs & aCquisiTions suppor T

ouTpuT

3.1 lanD use agreeMenTs

3.2 eMployMenT , eDuCa Tion & Training

eConoMiC DevelopMenT & CoMMerCial serviCe

ouTpuT

4.1 puBliC aW areness & eDuCa Tion

4.2 aDvoCaCy & represenT aTion

aDvoCaCy serviCes & CoMMuniTy DevelopMenT

3.3 Mining

3.4 CoMMerCial assisT anCe

4.3 Cul Tural & HeriT age

suppor T

4.4 CoMMuniTy DevelopMenT suppor T

Enhanced social, political and economic participation and equity for Aboriginal people in the Central Land Council’s area as a result of the promotion, protection and advancement of their land rights, other rights and interests.

ouTpuT

5.1 DisTriBuTions

5.2 aDMinisTer lanD TrusTs

aDMinisTra Tion & suppor T serviCes

5.3 DispuTe resoluTion

ouTpuT 6 naTive TiTle

ouTCoMes

19 CLC ANNUAL REPORT 2013-14

C L C OV E R V I E W

sTra TegiC planning, perforManCe inforMa Tion

fraMeWorK anD risK ManageMenT The CLC’s strategic planning methodology integrates longer-term objectives and an outputs / outcomes driven performance information framework with medium- and long-term financial planning and annual resource allocation. A strategic plan, guiding future activities and priorities for the five-year period 2012 to 2017, was approved after consultation with the minister. Detailed action planning ensures that Council’s aspirations over the next five years are achieved.

An appropriate system of risk oversight and management should include a regularly updated risk management plan. A review of the CLC’s risk management plan (with the assistance of PriceWaterhouseCoopers Risk Assurance and under the guidance of the CLC audit committee) was completed. The Executive approved the new plan in December 2013. It will be updated annually in accordance with Comcover best practice requirements.

perforManCe The reporting period 2013-14 was exceptional in the support and advocacy services provided to traditional owners. This was especially as a result of the flow-on effects of the compensation received from the Commonwealth for the five-year ‘intervention’ period and Commonwealth and NT Government leases. Consultations about the application of the compensation revenue concluded early in the financial year. This resulted in a massive increase in communities using their own funds for sustainable community benefit.

Communities directed that over $13 million (72% of the total compensation) be spent on community development projects. The CLC’s community development unit embarked on a large and resource intensive project to assist communities to decide on the subprojects to benefit from the funds and with the management and administration of these subprojects. The management of this significant project has had wider organisational implications for projects in 30 communities across Central Australia. Whilst subprojects are in the planning and implementation phase the funds are invested and the interest earned attributed to the balance of the funds available to individual communities.

The many other key organisational achievements are described in the respective output chapters. In summary these include:

• working with traditional owners to manage their land and resources, protecting sacred sites and economic development (Outputs 1.2, 3.1, 3.2, 3.3, and 3.4)

• pursuing traditional owners’ native title interests (Output 6) • supporting traditional owners and residents to realise their community development aspirations

(Output 4.4) • negotiating commercial agreements with parties interested in the use of Aboriginal land and the

management of income arising from land use agreements • representing the land interests and aspirations of Aboriginal people in Central Australia • managing community based ranger groups

delivering a range of land management services.

The number of land use agreements, as well as land management, and economic and community development benefits to traditional owners, are increasing.

finanCial perforManCe The CLC is funded on a cash basis, with the annual estimates of revenue less expenditure forecast on a breakeven basis. The actual net revenue and expenditure result for the financial year ended 30 June 2014 against sources of funding was a small shortfall of $5,822 after accounting for capital commitments (effectively the impact is $nil: refer to Note 5 in the CLC and Native Title financial statements).

The CLC’s operational sources of revenue are detailed below. Continuing the trend of recent years, the CLC has been successful in improving outputs and outcomes in an environment of funding constraints.

Outputs classified under natural resource management ($9.325 million, or 27%) were the largest area of expenditure. There has been an overall decrease in this output group due to reduced funding for the CLC ranger program, funded primarily through the Australian Government’s Indigenous Affairs and the Indigenous Land Corporation (ILC). During the year the program applied $166,000 to the development of further facilities at its new operational and training centre in Alice Springs.

As well as achieving land management objectives, significant elements of these programs also relate to employment, education and training (Output 3.2).

20 CLC ANNUAL REPORT 2013-14

$0

$5,000,000

$10,000,000

$15,000,000

$20,000,000

$25,000,000

$30,000,000

$35,000,000

$40,000,000

$45,000,000

Actuals 2009/2010

Actuals 2010/2011

Actuals 2011/2012

Actuals 2012/2013

Actuals 2013/2014

Other income

Interest

Cost recoveries & administration fees

Sale of assets - disposals

Funding agreements *

ABA s.64(1) funding

* Income values have been adjusted for significant one-offs of CLC Stuart Highway building (2008/09); acquisition of Huckitta perpetual pastoral lease (2010/11); and s.64(1) one-off funds related to 2007 legislative amendments (2011/12).

$0

$2,000,000

$4,000,000

$6,000,000

$8,000,000

$10,000,000

$12,000,000

$14,000,000

Natural Resource Management

Land Claims & Acquisition Economic Development

Advocacy & Community Development

Administration Native Title Program

Expenditure classified by CLC output groups

2010/2011

2011/2012

2012/2013

2013/2014

* 2012/2013 Comm. Dev includes Mutitjulu Pool and Willowra Centre construction values

SOURCES OF REVENUE CHART

ExPENDITURE CLASSIFIED BY CLC OUTPUT GROUPS

Although funding for this program has been secured for future years, there is little flexibility in funds for growth, despite significant increased demand from communities for additional ranger groups.

Economic development and commercial services incorporating land use agreements, employment, education and training, mining and commercial assistance account for the next largest expenditure

output group ($8.797 million, or 25% of the CLC’s total expenditure). This includes the CLC’s core statutory mining and land use agreement assistance functions; applications for consent to explore on Aboriginal land; costs relating to the CLC employment unit; tourism development; and pastoral development projects.

21 CLC ANNUAL REPORT 2013-14

C L C OV E R V I E W

Indigenous population growth and increasing constituent awareness of land use opportunities increases demand for CLC resources and services. Most constituents live in remote communities and the costs of doing business continue to increase faster than the growth in operational funding. In the mining sector, applications for consent of exploration titles continue to remain high despite the recent global downturn and federal resources taxation discussions.

Significant resources and attention continued to be directed at the exploration consultation process in order to maximise the processing rate of licences and permits.

Advocacy and community development ($5.818 million, or 16%) is another growing area of operations for the CLC. There continues to be unmet demand for community development resources. Further details of work performed within each of these output groups is contained elsewhere in this report.

The CLC proactively identifies cost recovery opportunities in accordance with relevant Commonwealth guidelines to mitigate any reduction in the level and / or quality of service delivery. Productivity gains and cost recoveries have not kept pace with increasing costs, particularly in remote office management, services and salary costs.

Although an insignificant accounting deficit attributable to the Australian Government is reported in the CLC statement of comprehensive income, this is virtually a balanced outcome between revenue and expenditure. The statutory financial statements have been subjected to the requirements of an Australian Accounting Standard which requires that all receipts for special purpose programs must be recognised as current year revenue although services remain unperformed and matching expenditure is to occur in future years. As with other government entities, the CLC is not funded on an annual basis for non-financial asset depreciation or leave liabilities accrued. Within the CLC accounts, the schedule of commitments provides further detail of commitments against recognised revenue, which will be spent in future years.

Community development: Installing a water pipe at the Yuendumu Baptist Church as part of a GMAAAC-funded upgrade.

After 15 years with the CLC, employment co-ordinator Harold ‘Chongy’ Howard started his own cattle enterprise to train and employ Aboriginal people.

22 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 1

output GRoup 1

lAnD & nAtuRAl ReSouRCe MAnAGeMent

ouTpuT

1.1 perMiTs

1.2 lanD & naTural resourCe ManageMenT

Enhanced social, political and economic participation and equity for Aboriginal people in the Central Land Council’s area as a result of the promotion, protection and advancement of their land rights, other rights and interests.

ouTCoMes

23 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 1

The permit system is authorised by section 73 of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cwth) and contained within the Aboriginal Land Act (NT). The system provides all visitors, workers and researchers with a system of regulated access to Aboriginal land administered by the land councils. The CLC offers entry, transit, media (news of the day), mining and special purpose permits.

In 2007, amendments were made to the system so that permits are not required for public areas in main communities. Permits to visit Aboriginal land outside community ‘common areas’ are still required. However, as traditional owners requested, many visitors to communities still apply for permits to areas where permits are not required in order to have peace of mind about the consent of the residents. The CLC appreciates these shows of goodwill.

Nonetheless, the CLC believes that changes to the permit system have led some people to assume that they are free to visit Aboriginal land outside communities as well. Traditional landowners are particularly concerned about theft of equipment (most commonly solar panels and bore equipment) and damage to sacred sites.

The CLC investigated three complaints of unauthorised entry onto Aboriginal land without permit.

speCial purpose perMiTs The CLC expends considerable resources on special purpose permits. This year these involved consultations and successful negotiations regarding films, cycle races across Aboriginal land, academic research, fauna surveys and private tourist visits.

The CLC consulted with traditional owners and negotiated with proponents about special purpose permit applications for three marathons, six biological research projects (including reptile monitoring, fire ecology and climate change) and two film projects.

In line with NT legislation, the CLC requires an Ochre Card to accompany permit applications if access could require contact with children.

OUTPUT 1.1 peRMItS Access to Aboriginal land is managed effectively and efficiently.

permit

2008-09 Actual 2009-10 Actual

2010-11 Actual 2011-12 Actual

2012-13 Actual 2013-14 Actual

Entry 302 438 390 453 594 876

Media 15 14 5 6 2 2

Mining 299 372 273 270 349 710

Special 26 23 32 36 38 35

Transit 1,808 2,908 3,079 3232 3211 2,996

Total: 2,450 3,755 3,779 3,997 4,194 4,619

Permits data for 2013-14

24 CLC ANNUAL REPORT 2013-14

More than half of the CLC’s region is Aboriginal freehold land under the Aboriginal Land Rights Act. The CLC’s constituents also live under a number of different land tenure arrangements, including townships, community living areas and pastoral leases.

While the land continues to be of immense cultural and spiritual significance to its Aboriginal owners, much of it is arid or semi-arid with little surface water. It is ecologically fragile, remote and often inaccessible. Much of the land is unsuitable, or only marginally suitable, for pastoralism.

The region contains natural environments of national significance. Not only are these areas often dynamic cultural landscapes, but they support many of Australia’s most threatened species and have high conservation values. However, there are a number of complex and difficult management issues facing Aboriginal landowners in Central Australia, including the impacts of weed management, feral animal control, fire management, mineral exploration, mining, tourism, and other threats to biodiversity conservation.

The CLC builds the on-ground capacity of traditional landowners to deal with the challenges and opportunities involved in the management of their country. This approach ensures protection and management of core environmental and cultural values, community development, and progress is made towards more economically viable futures. The CLC sets up skilled ranger groups, builds partnerships with other agencies, secures project funding and supports the maintenance of cultural practices and the intergenerational transfer of knowledge.

A large part of the CLC’s land management work involves supporting the aspirations of traditional owners for the use and management of their land, as well as fire management, invasive species control, biodiversity and cultural heritage protection, and facilitating traditional owner participation in protected area management.

The CLC’s 148-strong land management section is made up of 20 positions core funded by the ABA and

another 128 externally funded positions, employed for a range of purposes and varying terms under funding agreements.

funding body program supported

Indigenous Land Corporation

Indigenous Pastoral Program and Real Jobs Program

Department of the Environment (formerly the Department of Sustainability, Environment, Water, Population and Communities (SEWPAC))

UKTNP Joint Management

Department of Prime Minister and Cabinet Indigenous Protected Area Program, Working

on Country Program Biodiversity Fund (formerly with SEWPAC)

Department of Employment

Indigenous Employment Program

Northern Territory Parks and Wildlife Commission Joint Management of NT parks and reserves

Ninti One Limited Administering former SEWPAC Caring for our Country funding for the Australian Feral Camel Management Project.

Most land management positions are based in remote communities, the largest component of these being the 108 staff of the 11 ranger groups.

In order to accommodate more staff the section grew from six to seven operational units: regional land management support; environmental management; community ranger programs; joint management and tourism; rural enterprise; employment and training; and administration and information.

The establishment of an employment and enterprise unit, incorporating the employment and training unit and the rural enterprise unit, was initiated in mid 2014. This amalgamation will allow integration of their functions and deliver salary savings.

Output 1.2 lAnD & nAtuRAl ReSouRCe MAnAGeMent t raditional owners are assisted to manage their land and natural resources in a sustainable manner.

25 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 1

In accordance with Goal 6 of the strategic plan (Sustainable Land Use and Management), the CLC continued to develop integrated work plans for each of the nine subregions to address the traditional owners’ land use and management priorities, aspirations and obligations. This work fell into six broad categories:

1. land resource information and planning 2. fire management 3. climate change and carbon economies 4. water resource management 5. invasive species management 6. biodiversity protection.

1. lanD resourCe inforMa Tion

anD planning Two events interrupted our work in land resource information management systems and methodologies: the land resource information officer (LRIO) position remained unfilled from October 2013 to June 2014; and the three-year Central Desert CyberTracker Project and its support officer position came to an end. CyberTracker aims to improve the quality and consistency of biodiversity data collected by the CLC’s federally funded Indigenous ranger and IPA groups. CyberTrackers are small GPS-linked handheld computers with icon-based data-collection software designed to assist people with poor literacy but good traditional ecological knowledge or keen observational skills. Ongoing delivery of training in their use is still required across the ranger program and the land management section generally. In the absence of the dedicated support position the single LRIO position now has to provide this support, as well as resume focus on standardising data collection and management methodologies.

For the earlier period, when both the LRIO and CyberTracker support officer positions were filled, a range of software and hardware improvements and other initiatives were instigated to support field data management systems best suited to ongoing CyberTracker use by CLC staff.

Regional land management officers and other specialist CLC staff also supported a number of broader land use and management planning initiatives. Plans of management were progressed for the Daguragu and Hooker Creek Aboriginal Land Trusts (ALTs) and the Phillip Creek Mission portion of the Warumungu ALT. Plans of management were also reviewed for the Angas Downs and Northern Tanami IPAs and completed for the Katiti-Petermann IPA. Planning meetings were also held to assess

opportunities for land management programs in the Kintore area and a traditional owner land management reference group established for the Urrampinyi Iltjiltjarri ALT (formerly Tempe Downs).

2. fire ManageMenT A SEWPAC funding agreement ($2.2 million over four years) from the Caring for Our Country Biodiversity Fund has boosted the CLC’s capacity to advise and assist with fire management. It allows the employment of two additional staff members.

The CLC continued to promote, facilitate and support two regional Aboriginal fire management committees (RAFMCs), previously established to provide representation, strategic direction and oversight of fire management. The Warlu Committee comprises traditional owner representatives from seven key communities across the greater Tanami region and the Waru Committee represents traditional owner fire management interests for the Katiti and Petermann ALTs and cross-border areas of adjoining Aboriginal land in South Australia and Western Australia. Both committees include staff of ranger groups from each region.

achievements • A submission to Bushfires NT on the review the NT Bushfires Act.

• Creation of an animated DVD in Pitjantjatjara to raise awareness of burning country in a safe and culturally appropriate manner.

• Creation of a DVD as a report on the Anangu-tjuta Tri-State Fire Project.

• Warlpiri Rangers presentation at the Territory NRM Forum in Darwin on the role of the Warlu RAFMC fire management planning processes.

The CLC fire management officer supported all ranger groups in facilitating aerial incendiary and bushfire-fighting training by preparing maps and satellite imagery and developing comprehensive fire management strategies for them to implement. The ranger groups carried out aerial incendiary and on-ground fuel reduction burning, protected assets and cut and maintained firebreaks. Specific aerial-based and on-ground fire management planning and implementation support was also provided in the management of IPAs.

Above-average summer rainfall in the west and northwest increased the risk of large summer bushfires in late 2014. The CLC undertook fire planning and on-ground work resulting in the burning of 168,900 hectares in the cooler months to diminish the threat of wildfire in these areas. Staff were also involved in

26 CLC ANNUAL REPORT 2013-14

Aerial On-ground

CLC Region

Major burn results

Burning activity

CLC Fire Management Activity 2013-14

DAGURAGU

LAJAMANU

TENNANT CREEK

WILLOWRA

TI TREE

YUENDUMU

PAPUNYA

HARTS RANGE

SANTA TERESA

NYIRRIPI

DOCKER RIVER

HERMANNSBURG !

!

!

!

!

!

!

!

!

!

!

!

collaborative interagency, cross-tenure or cross-border fire planning initiatives to prepare for the coming fire season.

3. CliMaTe CHange anD CarBon eConoMies Changes to the legislative and policy framework around climate change and the carbon economy following the change of federal government in 2013 reduced the focus on carbon-based opportunities for Aboriginal people in Central Australia. The demise of the partnership in development between RM Williams

Agricultural Holdings (RMWAH) and the Pertame traditional owners of Henbury Station, following RMWAH going into administration, brought to an end the company’s move into carbon-farming and Aboriginal employment opportunities in managing the property for that purpose.

Constituent interests were however represented in a submission to the Australian Government’s ‘Emissions Reduction Fund’ Green Paper seeking recognition of low cost, high volume emissions reductions achieved from environmental management programs on Aboriginal land. The CLC also represented constituents

27 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 1

as a member of the Scientific Advisory Panel for CSIRO NRM Climate Change and Adaptation Research in the rangelands, including participation in a collaborative climate adaptation education project at Santa Teresa with the Ltyentye Apurte Rangers and Tangentyere.

4. WaTer resourCe ManageMenT Traditional owners were supported in their work to protect culturally and ecologically significant water resources at risk from the impact of unmanaged livestock, feral animals and weed infestations. This work continued at Dulcie Ranges National Park / Huckitta Station, Haasts Bluff ALT, Henbury Station and Mungarta ALT.

CLC staff collaborated with the NT Department of Land Resource Management (DLRM) in monitoring waterhole impacts of feral horses on Urrampinyi Iltjiltjarri ALT (formerly Tempe Downs). This work measured changes in condition in response to culling operations and informed ongoing management by establishing a water monitoring site at Amerle Atwatye on Iwupataka ALT prior to the culling of feral horses in the area.

5. invasive speCies ManageMenT Camels The federally funded cross-jurisdictional Australian Feral Camel Management Project (AFCMP) came to an end during this reporting period, thereby diminishing capacity to address the environmental degradation caused by feral camels across Aboriginal land. The collective efforts of the CLC’s feral camel project officer, regional land management officers and ranger groups, in collaboration with government agencies, nevertheless achieved many significant and positive outcomes, including:

• five broad-scale aerial camel culls • management and monitoring by ranger groups of camel impact • coordination of camel tracking-collar retrieval from

animals located on NT Aboriginal land • scoping of camel industry development opportunities through representation on the

Aboriginal Lands Camel Industry Development Working Group.

other herbivores High concentrations of feral horses and donkeys impact directly on remote communities and the environmental condition and cultural values of Aboriginal land. Two aerial culls of feral horses were undertaken at Urrampinyi Iltjiltjarri ALT as part of the

Australian Government-funded Red Centre Biodiversity Project. At Hooker Creek ALT, consultations were conducted with traditional owners regarding options to address feral horses and donkeys. Consent was given to conduct a cull of approximately 3,200 feral horses and donkeys and harvest a further 50 horses to supply meat to the Coolibah Crocodile Farm.

Similar culling or management programs were undertaken or planned for the Daguragu ALT, Arletherre ALT (formerly Loves Creek), the Hermannsburg group of ALTs, Yuendumu ALT, Iwupataka ALT, Haasts Bluff ALT and the jointly managed Davenport Range National Park. Initiatives to raise awareness of feral animal impacts and related animal welfare issues were also conducted with traditional owners of the Tennant Creek area, residents of the Areyonga community and in preparation for large scale culls that occurred.

In 2013-14, the CLC collaborated with the DLRM in facilitating culling operations that resulted in the removal of 16,523 camels, 8,099 horses and 13 donkeys from the south-western region of the NT. The vast majority of these were removed from Aboriginal land, with the remainder from adjoining national parks and pastoral properties.

Unfortunately, efforts to obtain funds for a feral animal officer within the CLC’s 2013-14 budget were unsuccessful, as was an ABA application which sought operational resources to address the growing feral animal issue. This leaves the CLC with minimal capacity to keep pace with the scale of the challenge.

Weed management Weed control activities continued to be primarily undertaken within the work programs of the CLC ranger groups. In addition, CLC staff progressed a number of major weed management initiatives including:

• Northern Tanami collaborative weed management project to advance the management of Parkinsonia and other weed species on a cross-tenure catchment basis

• Finke River Athel pine management, which focused on mapping and removal of athel pines on sections of the Finke River and tributaries including the Palmer River and Areyonga Creek

• Angas Downs IPA weed management, with the completion of a strategic weed management plan and weed education and identification material for the Angas Downs rangers, IPA management Committee members and Imanpa community residents.

28 CLC ANNUAL REPORT 2013-14

6. BioDiversiTy proTeCTion Consistent with s.32(2) of the Land Rights Act, a wide range of important biodiversity projects involving traditional owners and ranger groups took place during 2013-14, often involving collaborations with government, scientific and academic bodies across many jurisdictions. Among successes this year was the securing of Territory NRM funding to engage traditional owners in identifying fire management actions and priority management areas in the Simpson Desert for the conservation of the vulnerable brush-tailed mulgara (Dasycercus blythi) and crest-tailed mulgara (Dasycercus cristicauda). A second Territory NRM-funded project involved searches for new populations of the critically endangered central rock rat (Zyzomys pedunculatus), with images of the species recorded on motion-sensor cameras retrieved from Mt Edwards (Haasts Bluff ALT). Work continued on a collaborative research project with Flinders University to monitor a population of Slater’s skink (Egernia slateri) on the Arletherre ALT.

Funding was secured from the Red Centre Biodiversity Project to undertake a 10-day flora and fauna survey of the Urrampinyi Iltjiltjarri ALT following the successful series of feral herbivore culls in late 2013. The results of this survey will inform the development of a fire management strategy for the area.

The CLC commissioned CSIRO to conduct an independent review of a long-term predator control program at Lungkardajarra (Sangster’s Bore) on the Central Desert ALT to protect bilby (Macrotis lagotis) populations and other threatened species as a basis for further consultation with traditional owners on this significant area. Monitoring of bilby populations also occurred at Duckponds and Nyukulku on the Central Desert ALT and along the Hanson River on Karlantijpa South ALT.

Protection of the endangered Typhonium species was advanced through works under taken with traditional owners of the Angarapa ALT.

The interests, perspectives and achievements of CLC constituents with regard to biodiversity conservation issues were also represented in a number of forums during the year. These included representation on the Red Centre Biodiversity Fund Steering Committee to address threats to biodiversity across NT national parks and reserves and adjoining Aboriginal land.

sTruCTureD CoMMuniTy-BaseD lanD ManageMenT: ClC ranger prograM Now in its fifth full year of consolidated funding, the CLC ranger program is viewed as one of the preferred employment options for Aboriginal people living in remote communities. Few, if any, alternatives exist in these communities to deliver an equivalent diversity of significant outcomes. This year saw a temporary expansion in the number of groups through the adoption of the Angas Downs Anangu Rangers at the request of the Department of the Environment due to the demise of their previous host arrangements.

areas of ranger group operation

Wulaign Rangers Lajamanu and Northern Tanami IPA

Warlpiri Rangers Yuendumu, Nyirripi, Willowra and Southern Tanami IPA

Muru-warinyi Ankkul Rangers Tennant Creek region

Tjuwanpa Rangers Hermannsburg region

Kaltukatjara Rangers Docker River and Katiti-Petermann ALTs

Ltyentye Apurte Rangers Santa Teresa ALT and surrounds

Anmatyerr Rangers Ti Tree locality and Ahakeye ALT

Anangu Luritjiku Rangers Papunya and surrounding Haasts Bluff ALT

Munguru Munguru Rangers Daguragu ALT and surrounds

Arltarpilta Inelye Rangers Harts Range region, Huckitta station and surrounds

Angas Downs Anangu Rangers Angas Downs IPA, Imanpa community

At year’s end the CLC had 97 rangers in full-time, part-time or casual employment across these 11 ranger groups. In response to continuing unmet constituent demand for new ranger groups elsewhere, unfulfilled strategic opportunities and long-term funding uncertainty, the CLC initiated a consultancy in late 2013 to examine issues of program growth and resilience in a Central Australian ranger program development strategy. A preliminary consultant’s report is anticipated in August 2014, and a business options workshop will be scheduled soon after.

29 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 1

!

!

!

!

!

!

!

!

!

DAGURAGU

LAJAMANU

TENNANT CREEK

WILLOWRA

TI TREE

YUENDUMU

PAPUNYA

HARTS RANGE

SANTA TERESA

NYIRRIPI

DOCKER RIVER

!

HERMANNSBURG

!

Kaltukatjara Rangers Ltyentye Apurte Rangers Muru-warinyi Ankkul Rangers Papunya Rangers Tjuwanpa Rangers Warlpiri Rangers - Nyirripi Warlpiri Rangers - Willowra Warlpiri Rangers - Yuendumu Wulaign Rangers

CLC region

CLC Ranger Group Work Areas

Angas Downs Rangers Anmatyerr Rangers Atitjere Rangers Daguragu Rangers Ingkerreke Rangers

RANGER PROGRAM FUNDING 2013-14

CLC RANGER GROUP WORK AREAS

TNC ‘The Nature Conservatory’

PMC ‘Indigenous Employment Program’

ABA ‘Capital and Operational Support’

PMC ‘Caring for Country’

ILC ‘Real Jobs Program’

PMC ‘Working on Country’

2% 1%

65%

25%

2%

5%

30 CLC ANNUAL REPORT 2013-14

funding While the long-term funding arrangements for the program are uncertain, the ranger program is currently on a relatively secure footing. Funding that underpins the employment and operational costs of the program are met by:

• a five-year $4.5 million Working on Country funding agreement (2013-18) with SEWPAC, now the Department of the Prime Minister and Cabinet (PM&C), supporting seven ranger groups

• Working on Country funding agreements for 2013-15 with SEWPAC and PM&C specific to the adopted Angas Downs ranger group

• a two-year ILC Real Jobs funding agreement (2013-15) providing a yearly budget of $ 1.7 million for ranger and ranger coordinator salaries, capital, operational and administrative resources for three ranger groups

• continued expenditure of the 2011-14 ABA ranger program funding agreement Getting on with Business.

• a 2013-18 Caring for Our Country funding agreement supporting the operations of the Northern Tanami IPA and coordination of the affiliated Wulaign ranger group.

Ranger groups’ ability to build economic resilience and broaden employment opportunities have been developed over previous years through fee-for-service contract opportunities, principally through the Flexible Employment Program administered by the NT Parks and Wildlife Commission under the NT Government’s Joint Management Framework. Budget cuts and belated imposition of the NT Government’s procurement process resulted in the loss of this source of support in 2013-14.

The transition of ranger groups toward commercial or hybrid commercial contract-based operations requires careful consideration of ongoing viability to ensure their success into the future, particularly in remote regions where neither mining, national parks nor pastoralism occur to any significant extent. Such matters will be examined in the program development strategy.

program infrastructure The ability of ranger groups to recruit and retain qualified and experienced staff in remote locations remains dependent on securing work health and safety (WHS)-compliant built infrastructure for housing, offices and workshop facilities. While funding shortfalls continue to leave some groups operating in temporary facilities, more permanent solutions to the infrastructure and equipment requirements of the

program were made possible with the significant ABA Getting on with Business funding agreement over the 2011-14 period.

Ranger coordinator accommodation was completed at Atitjere and Papunya this year. The CLC Alice Springs ranger ‘hub’ facility in Cameron Street was fitted out and officially opened on 28 February 2014. An application to secure an additional $2.3 million from ABA to address remaining infrastructure shortfalls across the program was unsuccessful.

Work program development and significant outputs Focus continues to be given to building governance structures across the ranger program to enable traditional owner input into the development of ranger groups and priority setting in ranger group work planning. Traditional owner governance arrangements are now in place for all 11 ranger groups.

All governance groups met at least once in the year to review the previous year’s work and to identify, prioritise and plan activities for the next six months, incorporating their land management aspirations into the cultural and natural resource management objectives of the program. Others were convened for special purpose planning, such as regional fire planning to guide fire management priorities for the upcoming fire season.

WoMen’s lanD ManageMenT DevelopMenT suppor T

The CLC is committed to increasing Aboriginal women’s involvement in cultural and natural resource management activities. The ABA-funded women’s land management facilitator (WLMF) position, in collaboration with other regionally focused CLC staff and ranger groups, provided support for the implementation of two continuing regional-scale projects.

The first, an Indigenous Heritage Program (IHP)-funded cultural heritage project, Revitalising Warumungu and Warlmanpa Women’s Cultural Heritage, took place in the Tennant Creek area. Thirty women compiled film and site assessment information related to two Dreaming songlines significant to Aboriginal women of the region. Logistical support was also provided for visits to affiliated sacred and historical sites to facilitate and record the transfer of cultural, practice-related and historical information told by senior women to younger women. Among the project’s other activities were the facilitation of women’s participation in the repatriation of cultural information with a consultant

31 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 1

anthropologist and planning to improve access to a number of currently inaccessible sites significant to them.

The second project involved a Territory NRM-funded project, Medicinal Plant Species Use and Management in Eastern Central Australia Workshop. Four community bush medicine reports and accompanying maps were prepared at the workshop for each of four identfied project areas. Traditional owners were supported in the maintenance of the knowledge and practice related to bush medicines through regional projects, including trips with female Ltyentye Apurte rangers and traditional owners in the Santa Teresa region and a trip with nine traditional owners in the Sandover region.

As part of the CLC’s continuing efforts to increase the engagement of women in the CLC ranger program the WLMF also provided support to female rangers in the Ltyentye Apurte (Santa Teresa), Muru-warinyi Ankul (Tennant Creek) and Arltarpilta Inelye (Atitjere) ranger groups, and promoted the role of the WLMF in a number of ranger forums.

The WLMF position also maintained oversight of the CLC’s efforts in promoting intergenerational transfer of Indigenous ecological knowledge (IEK), for which many senior women across the region actively practitioners. Planning commenced for the fourth CLC women’s land management development workshop scheduled for October 2014.

JoinT ManageMenT of naTional parKs anD reserves nT parks and reserves The CLC acquired statutory functions in respect to the management of NT national parks and reserves under the Northern Territory Parks and Wildlife Conservation Act for 20 parks and reserves scheduled in the Parks and Reserves (Framework for the Future) Act 2003 to be jointly managed with traditional owners. Of these, 16 are subject to title transfer (as either Aboriginal freehold and leaseback arrangements) while the other four are subject to joint management under Indigenous Land Use Agreement (ILVAs) registered with the National Native Tribe Tribunal (NNTT). The completion of formal joint management arrangements for all 20 parks and reserves was achieved with the transfer of titles to Watarrka (Kings Canyon) National Park and the West MacDonnell National Park.

Beyond the tenure change and leaseback arrangements, joint management requires the preparation of joint management plans, and for those plans to come into full effect. Completion of joint management plans

through traditional owner consultations, planning and negotiation was a priority for collaboration between the CLC and Parks and Wildlife Service from the outset. To take full effect, completed joint management plans require tabling in the NT Legislative Assembly by the Minister for Parks and Wildlife.

There has been no change in the number of joint management plans brought into effect since the beginning of 2012-13. At that time eight new joint management plans were in effect, while the Watarrka and West MacDonnell national park plans were in draft form awaiting transfer of title before being tabled in the Legislative Assembly. Another three plans were at an advanced stage and expected to go to public comment. Since the change of government after the 2012 Northern Territory election no further plans had passed through the Legislative Assembly or been released for public comment. Progress of the advanced draft joint management plans for both Watarrka and West MacDonnell national parks was specifically halted by the new government on the grounds of further scrutiny of tourism issues.

As well as the eight joint management plans passed through the NT Legislative Assembly prior to July 2012, a further six plans were at an advanced stage and expected to go to public comment in the second half of 2013 but this did not occur. These were plans for:

• Tjoritja / West MacDonnell National Park; • Watarrka National Park; • Iytwelepenty / Davenport Ranges National Park; • Yeperenye / Emily and Jessie Gaps Nature Park; • Napwerte / Ewaninga Rock Carvings Conservation

Reserve.

• Alice Springs Telegraph Station Historic Reserve.

Planning had not yet begun for the following six parks and reserves at the start of this period:

• Arltunga Historical Reserve (affected by NT Parks & Wildlife Commission (NTPWC) planning capacity) • Ruby Gap Nature Park (affected by NTPWC planning capacity) • Dulcie Range National Park • Kuyunba Conservation Reserve • Mac Clark Conservation Reserve • Native Gap Conservation Reserve.

Challenges Progressing the completed draft plans to public comment stage and subsequent tabling in the Legislative Assembly has continued to prove difficult. The CLC provided comments on further amendments made to the six stalled plans but, despite commitments from the Parks and Wildlife Commission to release

32 CLC ANNUAL REPORT 2013-14

concluded in this period. A vacancy in the JMO position was successfully recruited in September 2013 at a local level enabling the position to again be park-based after a period of operating out of Alice Springs. A five-month lapse in the position up to that point saw the function temporarily carried by the CLC joint management coordinator.

The JMO also provides broad support to the UKTNP Board of Management to carry out its functions, including the making of decisions about management of the park that are consistent with the plan of management and monitoring the effective management of the park. Wider representation of the interests of the CLC and UKTNP traditional owners is also provided by the JMO as a member of the Joint Management Partnership (JMP) team. Other members of the JMP team are the Mutitjulu community liaison officer (CLO), the board secretary and UKTNP park manager. The JMO continued to meet weekly with the UKTNP park manager and board secretary to address a wide range of park management and joint management implementation issues in lieu of full JMP team meetings due to the vacancy in the CLO position persisting.

Among a wide range of consultative and representative tasks performed by the JMO the value of the park-based capacity of the position to effective management of the park was clearly demonstrated in this period with on-park traditional owner consultations conducted in relation to 40 park management policies, activities and infrastructure developments and 35 park research applications, film proposals, major events, ‘incidents’, off-park issues and other significant matters. The JMO also facilitated the involvement of traditional owners in a visit to the park by the Governor-General Quentin Bryce in December, a cross-cultural campout with the new Director of National Parks and a cultural exchange with visiting Yiraman women from WA.

The JMO and relevant CLC project management staff successfully collaborated at all levels of project governance with UKNTP staff, traditional owners and contracted service providers to construct a Men’s Keeping Place facility and develop an associated maintenance plan with IHP funding. A final report was submitted to the Department of the Environment in November and financial acquittal in April 2014.

the plans in either late 2013 or early 2014, none had progressed any further. Release of these plans is still pending resolution of belated NT Government objections to previously agreed sacred site clearance wording used in the eight joint management plans already passed through the Legislative Assembly and in operation.

A compounding issue was reduced funding, which led to the loss of a joint management officer (JMO) position in early 2014. Parks and Wildlife sign-off was belatedly secured on a 2013-16 NTPWC funding agreement in April. However, this agreement only supports the continued funding of two JMOs up to 30 June 2014 and thereafter only one JMO, with no operational budget in the remaining two years, significantly impeding the effective implementation of joint management across all 20 parks and reserves into the future. Further to this drastic drop in commitment to providing adequate support to joint management the NT Government has indicated this may be the last such funding agreement to resource the CLC’s functions in respect to NT parks and reserves.

The reduction in NT Government resources and commitment however coincides with increased demands on the CLC’s statutory functions to represent and consult traditional owners on joint management matters, increasingly of a contentious nature. The CLC director and senior staff met with the NT Chief Minister, Minister for Parks and Wildlife and Minister for Tourism in November 2013 to raise the CLC’s concerns about the apparent reduction in the government’s commitment to joint management and a number of such park-specific issues, including proposed gas exploration in Watarrka National Park.

uluru-Ka Ta TJuT a naTional

p arK The CLC has statutory functions in respect to the management of Uluru-Kata Tjuta National Park (UKTNP) under the terms of lease-back upon transfer of title to the traditional owners in October 1985. Negotiations regarding a five-yearly review of the UKTNP lease were resumed in this period between CLC and Parks Australia, in accordance with lease requirements.

A dedicated capacity to consult traditional owners and support their involvement in joint management of UKTNP has been maintained since 2002, largely through the employment of a park-based JMO under external funding arrangements with the Director of National Parks. Negotiations for renewal of these arrangements over 2013-16 were successfully

33 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 1

Jointly managed Jointly managed (Commonwealth)

CLC region

Joint Managed National Parks

1 Alice Springs Telegraph Station Historical Reserve 2 Arltunga Historical Reserve 3 Chamber’s Pillar Historical Reserve 4 Corroboree Rock Conservation Reserve (CR) 5 Iytwelepenty / Davenport Ranges National Park (NP) 6 Dulcie Range NP 7 Yeperenye / Emily and Jessie gaps NP 8 Napwerte / Ewaninga Rock Carvings CR 9 Finke Gorge National Park 10 Judbarra / Gregory NP 11 Karlu Karlu / Devil's Marbles CR

12 Kuyunba CR 13 Mac Clark (Acacia peuce) CR 14 N’Dhala Gorge Nature Park 15 Native Gap CR 16 Rainbow Valley CR 17 Ruby Gap Nature Park 18 Tnorala (Gosse Bluff) CR 19 Trephina Gorge NP 20 Watarrka NP 21 Tjoritja / West MacDonnell NP 22 Uluru-Kata Tjuta NP

5

21

22

20 9

6

17 2

18

1

13

16

7

11

19

3

12

8

15

14 4

DAGURAGU

LAJAMANU

TENNANT CREEK

WILLOWRA

TI TREE

YUENDUMU

PAPUNYA

HARTS RANGE

SANTA TERESA

NYIRRIPI

DOCKER RIVER

10

!

!

!

!

!

!

!

!

!

!

!

!

!

JOINTLY MANAGED NATIONAL PARKS

34 CLC ANNUAL REPORT 2013-14

Indigenous Protected Areas

Declared Awaiting declaration

CLC region

Status

DAGURAGU

LAJAMANU

TENNANT CREEK

WILLOWRA

TI TREE

YUENDUMU

PAPUNYA

HARTS RANGE

SANTA TERESA

NYIRRIPI

DOCKER RIVER

HERMANNSBURG

!

!

!

!

!

!

!

!

!

!

!

!

Katiti- Petermann IPA !

Angus Downs IPA

Northern Tanami IPA

Southern Tanami IPA

INDIGENOUS PROTECTED AREAS

35 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 1

Co-ManageMenT - inDigenous proTeCTeD areas The CLC continued to support constituents to achieve their aspirations for the development and management of IPAs under a program previously funded and administered by the federal Department of the Environment (DotE), but now by the Department of the Prime Minister and Cabinet (PM&C).

IPAs allow traditional owners to be actively involved in protecting the cultural and natural values of their land while enabling the national reserve system to be expanded without a change of tenure through voluntary declaration under the International Union for Conservation of Nature, category 6. The IPA program is also an opportunity for resourcing a long-term operational framework for affiliated Indigenous community rangers.

The CLC adopted interim responsibility for managing the Angas Downs IPA in the southwest region at the request of DotE after the previous host was placed into administration. These arrangements were conditional on the CLC investigating alternative hosting arrangement for both the IPA contract and the accompanying Working on Country (WoC) contract underpinning the Angas Downs ranger group.

The CLC employed six staff to coordinate and facilitate the operational programs for the Angas Downs IPA, the Katiti-Petermann IPA (proposed for declaration), the Northern Tanami IPA and the Southern Tanami IPA.

angas Downs ipa The Angas Downs IPA was declared in June 2009 as a result of a development process independent of the CLC. Conditional support for declaration was however provided by the CLC representing the broader interests of native title holders. Under the interim hosting arrangements consultations with 34 Angas Downs traditional owners took place in preparation for a meeting to renew IPA governance arrangements. An IPA steering group comprised of a management committee and a council of traditional owners was formed; this committee is the decision making body, while the Council has a consultative role.

Following wide-ranging negotiations with a number of regional Aboriginal employment agencies, Anangu Jobs was selected by traditional owners and Imanpa residents as the preferred host organisation in December. However, by year’s end they reduced their commitment to hosting the Angas Downs ranger group only with the CLC retaining ongoing responsibility for the Angas Downs IPA program

Madeleine Dixon and Julia Burke planning the digital learning resource of the Southern Tanami IPA plan of management. (Photo: Stacey Taylor)

and funding contract. Ministerial approval of these arrangements is pending

proposed Katiti-petermann ipa A draft Katiti-Petermann IPA management plan was completed and reviewed in consultation with 31 traditional owners involved in the steering and planning committees over the past five years. They unanimously supported a decision to proceed to IPA declaration. The IPA plan, with minor amendments, was subsequently finalised, forwarded to the managers of the IPA program and accepted. However, declaration is pending securing adequate management resources and housing for the IPA coordinator.

northern Tanami ipa The Northern Tanami IPA was declared in April 2007 over approximately 40,000 square kilometres of the Central Desert and Hooker Creek ALTs. In 2013-14 the Northern Tanami IPA coordinator assumed responsibility for day-to-day coordination of a range of cultural and natural resource management actions across the IPA undertaken by Wulaign rangers while recruitment to the vacant ranger coordinator position continued. The IPA coordinator position itself was refilled. Despite these personnel changes the CLC achieved the following significant IPA outcomes:

• A consultant was engaged to revise the draft Northern Tanami IPA management plan to a

36 CLC ANNUAL REPORT 2013-14

standard and structure compatible with the management plan for the adjoining Southern Tanami IPA.

• Convened three meetings of the Northern Tanami IPA management committee to re-engage traditional owners after a break in coordination, and develop work schedules for the Wulaign Ranger Group and IPA program, notably to agree upon aerial and ground-based fire management priorities for the forthcoming burning season.

• Facilitated a women’s land management meeting to establish a separate women’s country visit program with associated land management activities. IPA staff conducted three extended country trips.

• A four-day country visit to the Duckponds management zone with 14 traditional owners as part of an ongoing bilby monitoring program and to provide opportunities for the intergenerational IEK transfer.

• Assisting 11 traditional owners from Lajamanu to be part of an eight-day trip to the Yirninti Warrku Warrku (Lake Mackay) area in collaboration with the Southern Tanami IPA program. It enabled traditional owners to revive country connections, visit sacred sites not seen for many years, conduct ceremonies and pass knowledge to family members. Strategic ground-based and aerial burns were undertaken to break up large tracts of high fuel loads, as well as a trap and track-based fauna survey of the Mina Mina area.

• A four-day country visit to the Wilson’s Creek floodout (Nyukulku) management zone with 20 traditional owners, Wulaign Rangers, and the Warlpiri Youth Development Corporation (WYDAC) focused on intergenerational knowledge transfer of traditional burning practices, bush foods, traditional medicines, hunting and tracking skills. A number of remote sacred sites were accessed with helicopter support and a range of land management activities undertaken, including bilby survey work, ground-based burning and wetland monitoring.

southern Tanami ipa The Southern Tanami IPA was declared at Lungkardajarra (Sangsters Bore) in July 2012 over an area of 10.16 million hectares of the biologically significant Tanami bioregion. It is the largest terrestrial protected area in Australia. A Yuendumu-based IPA coordinator employed continuously since that time has consolidated the implementation of the Southern Tanami IPA plan of management and its governance structures.

The CLC has finalised a number of essential strategic planning documents, such as operational plans for

the three IPA management zones around Nyirripi, Willowra and Yuendumu. It also completed a monitoring evaluation, review and implementation plan and program logic as the basis of an adaptive management approach to measure the effectiveness of the management strategies being implemented.

Strong local governance continued to characterise the Southern Tanami IPA program. The IPA coordinating council met twice to provide direction for the program, and the IPA advisory committee met once. The Nyirripi, Willowra and Yuendumu management committees also met and formulated priority management activities.

Four major country visit trips were conducted under the auspices of the IPA program.

rural enTerprise: pasToral The CLC maintained support for traditional owner pastoral activity through the rural enterprise unit (REU) and participation in the successful Indigenous pastoral program (IPP). The program is a partnership between the CLC, NLC, the ILC, the NT departments of Resources (DOR) and Education, and the NT Cattleman’s Association. The IPP aims to generate viable pastoral activity and Aboriginal employment while also contributing to the sustainable management of Aboriginal land.

The CLC’s capacity to raise awareness of NRM issues among Aboriginal landholders in pastoral planning and decision-making is based on the efforts of REU staff to provide on-ground advice and support to key natural resource management (NRM) issues related to pastoral production. REU staff also work in close collaboration with IPP property and program managers to determine resources and strategies, and maintain links with NT Government agencies and training providers to ensure technical advice, expertise, training and capacity building is delivered to support landowners on sustainable pastoral development issues.

The CLC undertook a range of initiatives, including continuation of grazing licence or sublease inspections on several properties, facilitating and part-funding a soil erosion control workshop and preparing regional mapping tools for integrated land management.

37 CLC ANNUAL REPORT 2013-14

output GRoup 2

ouTpuT

2.1 lanD ClaiMs

2.2 oTHer lanD aCquisiTion

Enhanced social, political and economic participation and equity for Aboriginal people in the Central Land Council’s area as a result of the promotion, protection and advancement of their land rights, other rights and interests.

ouTCoMes

The Central Land Council aims to provide Aboriginal landowners with information, advice and support to enable them to manage their land in a sustainable and productive way.

lAnD ClAIMS & ACquISItIon SuppoRt

O u t p u t g R O u p 2

38 CLC ANNUAL REPORT 2013-14

Wakaya alyawerr Originally heard by the Aboriginal Land Commissioner in 1989; this land claim has been awaiting a decision from the NT Government on a final settlement agreement. The tenure detail within the area of the Canteen Creek community has prevented a resolution; though the CLC received final instructions from traditional landowners in May 2013, the NT Government has yet to consider the settlement.

frances Well Traditional land ownership is not disputed in this matter but outstanding issues of detriment, largely between the NT Government and the owners of Maryvale perpetual pastoral lease (PPL) land claim, resulted in a hearing before the Aboriginal Land Commissioner in July 2013.

Following final submissions by the parties a decision by the commissioner is anticipated shortly.

y urkurru / Brookes soak

This small but important soakage, the scene for the events that sparked the Coniston Massacre, has been long fought for by the traditional landowners.

The report of the Aboriginal Land Commissioner into this claim was published in 1992; however, the matter has remained unresolved due to the detriment asserted by the proprietors of Mt Denison Pastoral Lease which surrounds the claim area.

The CLC made a detailed submission in support of a request that the Minister for Aboriginal Affairs recommend the grant of the claim area to a Land Trust in 2011. This was followed by submissions from the Mt Denison proprietors and the NT Government.

In March 2014 the Minister advised that he was satisfied that the claimed area should be granted. The Yurrkuru Aboriginal Land Trust, which was established to hold title to Northern Territory Portion 4153, contains an area of approximately 241.9 hectares.

Output 2.1 lAnD ClAIMS

Court meeting in country near Titjikala for the Frances Well Hearing before the Aboriginal Land Commissioner in July 2013. (Photo: Lily Moult)

39 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 2

with the added encouragement that ‘the Australian Government is supportive of an outcome that achieves both conservation and indigenous outcomes’.

The CLC submitted a funding application to the Working on Country program on the advice of the Department of the Prime Minister & Cabinet to establish a Henbury-based Aboriginal ranger program in expectation of a successful purchase. It also collaborated closely with the ILC and sought urgent additional assistance from the Minister for Indigenous Affairs to enable a revised purchase bid to be made in response to a second EoI process. This followed PPB Advisory’s success in negotiating a reintroduction of grazing on the property, which significantly increased the property’s value.

Regrettably, after failing on a number of occasions over the past four decades to have their land returned to them, including three years of persistent effort in this attempt, the aspirations of Pertame traditional owners were again dealt a bitter blow with the announcement by PPB Advisory of the sale of the property to a consortium of established Central Australian pastoral interests for an unconfirmed figure of $7.5 million.

lanD aCquisiTion: oTHer pasToral inTeresTs The CLC continued to respond to ongoing interest among Yuendumu-based traditional owners in acquiring a priority pastoral lease in the Tanami region. Previous purchase efforts have been unsuccessful and the property is not currently for sale.

lanD aCquisiTion: HenBury pasToral lease The CLC continued to represent the interests and aspirations of the Pertame traditional owners of Henbury Station in the transfer of ownership to RM Williams Agricultural Holdings (RMWAH) as a result of an Australian Government assisted purchase through the National Reserve System in 2011 for carbon farming.

Significant progress had been made toward satisfying persistent traditional owner efforts to purchase this long-standing land acquisition priority in constructive negotiations with RMWAH and the Indigenous Land Corporation (ILC). However, this suffered a serious set back following RMWAH being placed into administration in June 2013.

The CLC continued to make every effort to facilitate a transfer of title to Aboriginal ownership. It facilitated two meetings of the Henbury Station traditional owner reference group, one attended by an ILC representative, to gather further information to support the CLC’s successful land acquisition application to the ILC to secure the funds required. Staff also attended a meeting with the ILC and PPB Advisory (RMWAH’s administrators) regarding the public sale of Henbury Station and the traditional owners’ interests.

The CLC collaborated with the ILC in submitting an expression of interest (EoI) to PPB Advisory for the Henbury purchase and met with representatives of the Department of the Environment (DotE) to brief them on the history of the traditional owners’ interests in and aspirations for Henbury. It also continued to liaise with DotE and ILC about the stalling of the EoI process due to negotiations initiated by PPB Advisory with DotE and the NT Government on the conservation covenant and related grazing restriction issues applicable.

A written request to meet with the Environment Minister to discuss the interests and aspirations of traditional owners and to seek his support in the purchase of Henbury on their behalf was unsuccessful. A subsequent response from the Minister supported the CLC’s continued engagement in the process

Output 2.2 lAnD ACquISItIonS pursue all other appropriate avenues to achieve the acquisition of land for the benefit of Aboriginal people.

Henbury traditional owners gather to meet with RM Williams at Henbury Station. (Photo: Kumanjaye Hodson)

40 CLC ANNUAL REPORT 2013-14

output GRoup 1

O u t p u t g R O u p 1

output GRoup 3

ouTpuT

3.2 eMployMenT , eDuCa Tion & Training

3.3 Mining

Enhanced social, political and economic participation and equity for Aboriginal people in the Central Land Council’s area as a result of the promotion, protection and advancement of their land rights, other rights and interests.

ouTCoMes

eConoMIC DevelopMent & CoMMeRCIAl SeRvICeS

3.1 lanD use agreeMenTs

3.4 CoMMerCial assisT anCe

O u t p u t g R O u p 3

41 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 3

Output 3.1 lAnD uSe AGReeMentS the ClC has statutory functions to help traditional owners manage their land and to negotiate, on their behalf, with people wanting to use Aboriginal land.

Following lodgement of an application (but before consultation on a land use agreement can commence) the traditional owners for the land must be identified. Aboriginal land is owned by the traditional owners, the title for which is held on their behalf by an Aboriginal land trust. Pursuant to section 19 of the Aboriginal Land Rights Act, the CLC may direct a land trust to enter into an agreement or grant an interest in land to a third party; however, it does not make the decision.

Before giving a direction to a land trust, the CLC must ensure that the traditional owners of the land understand the nature of the proposed transaction and, as a group, consent to it. The CLC must also ensure that any affected Aboriginal people have been consulted and provided with the opportunity to express their views. Finally, the CLC must consider that the terms and conditions, pursuant to which the grant is to be made, are fair and reasonable.

The CLC applies its technical, legal and commercial expertise to maximise the benefits for traditional owners when negotiating an agreement for a lease or licence. Benefits may include employment and training opportunities, financial returns, environmental monitoring strategies, or the protection of sacred sites.

The CLC monitors projects to ensure compliance with the terms and conditions of the lease or licence and, in accordance with the traditional owners’ instructions, distributes any income received on behalf of the traditional owners.

perforManCe Land use agreements on Aboriginal land cover interests as diverse as tourism development, horticulture, feral animal harvesting, grazing licences and leases for infrastructure and housing.

Leases to government for housing and infrastructure have again drawn heavily on the CLC’s resources. When it receives a request for tenure the CLC first identifies the relevant traditional owners in order to ensure the correct people are notified and consulted.

The CLC prepared 13 traditional owner identifications (TOIDs). Eight were for community leasing purposes,

two in relation to grazing licences on Alkwerte ALT, one for a grazing licence over Pawu ALT, one for a grazing licence on Haasts Bluff ALT, and one for horticultural projects on Ileyarne and Karlantijpa ALT. The CLC also continued work towards seeking instructions on sacred site protection over whole communities.

leasing The CLC continues to devote considerable resources to assist traditional owners and community members to differentiate between the types of leasing proposals that they are routinely being asked to consider.

The CLC supports voluntary leasing as a way for government, organisations and businesses operating on Aboriginal land to formalise their rights in relation to assets and to acknowledge the traditional owners of the land. It helps traditional owners and communities assess whether the terms and conditions of each voluntary lease agreement are fair and reasonable. The CLC must also be satisfied that the terms and conditions are reasonable before it can direct a land trust to grant a lease.

A large number of meetings continue to be convened in communities to discuss the various kinds of leases, some of which involve complex concepts and require detailed explanation and discussion. The CLC has continued to conduct leasing consultations in a way that reduces the potential for confusion between the different kinds of lease proposals.

Long-term leases require the leased areas to be surveyed so that the leases can be registered. The NT Government has surveyed only some communities to the required standard. It has continued to implement its federally funded cadastral survey program involving around 50 remote communities. Sixteen communities in the CLC region have been surveyed so far, with the program expected to be complete in mid 2015.

The seven main categories of leasing the CLC deals with are described below:

42 CLC ANNUAL REPORT 2013-14

1. non-voluntary leasing under the Northern Territory National Emergency Response Act 2007 (nTner act) The Commonwealth took out five-year leases over 31 communities across the CLC region. These leases expired in August 2012 when the NTNER Act was repealed and replaced by the Stronger Futures in the Northern Territory Act 2012. It has paid rental and compensation for these leases.

The CLC completed consultations with traditional owners and community members and obtained instructions about the distribution of this money. Instructions included the implementation of community development projects.

2. v oluntary leasing under sections 19 and 19a of the Aboriginal Land Rights (Northern Territory) Act 1976 Types of lease in this category are:

• Whole of community (township) leases. Communities in the CLC region have consistently rejected such proposals

• Voluntary leasing under section 19 of the ALRA; these make up the majority of the CLC leasing workload. Leases granted pursuant to section 19 of the ALRA include housing leases, Australian Government infrastructure leases, NT Government infrastructure leases and local government infrastructure leases.

• Other non-government leasing applications, which are primarily made by Aboriginal organisations, not for profit organisations and businesses.

3. Housing leases Traditional owners in 25 communities have agreed to 40-year housing leases with the Australian Government. This includes Engawala, which had previously not consented to the housing lease, and Santa Teresa, which had previously requested further time to consider the lease proposal.

Traditional owners in Haasts Bluff and Yuelamu still have yet to decide about the proposed lease.

Amoonguna, Daguragu and Wallace Rockhole have not consented to 40-year housing leases. The Australian Government has not responded to these communities.

The CLC has not received any applications for private housing leases from individuals.

activity quantity

Traditional owner and community meetings regarding 40-year housing leases held between 1 July 2013 and 30 June 2014

9

40-year housing leases consented to by traditional owners and granted to the Australian Government by land trusts

15

40-year housing leases consented to by members of the land holding bodies for Community Living Areas (CLAs)

10

Ooratippra pastoral lease.

43 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 3

4. australian government infrastructure leases The CLC has continued to receive applications from the Australian Government to lease infrastructure in communities on Aboriginal land and has consulted with traditional owners for these applications.

activity quantity lots

Traditional owner and community meetings regarding Australian Government infrastructure leases

4 12

Australian Government infrastructure leases consented to by traditional owners and granted to the Australian Government by land trusts

1 3

5. nT government infrastructure leases The NT Government holds numerous leases over infrastructure across the CLC region. Consultations about further leases applications continued to take place, with meetings as far as possible held in conjunction with consultations about housing or other leasing matters.

activity quantity lots

Traditional owner and community meetings regarding NT Government infrastructure leases

6 28

NT Government infrastructure leases consented to by traditional owners and granted to the NT Government by land trusts

3 10

6. local government infrastructure leases and licences The CLC has also received applications to lease and licence from the regional local government councils and has begun consultations in the relevant communities.

The regional councils have not agreed to backdate the leases or licences to the date from which the regional councils have occupied premises without security of tenure following expiration of the Australian Government’s five-year lease. The CLC has reserved all rights on behalf of traditional owners for the period dating 18 August 2012 to the commencement date of any lease or licence.

activity quantity lots

Traditional owner and community meetings about local government infrastructure leases and licences

15 44

Local government infrastructure leases and licences consented to by traditional owners and granted by land trusts

6 15

7. Community living areas (Clas) Although the CLC lacks statutory functions to represent the corporations that own community living areas, it has obtained instructions to assist these title holding corporations in negotiations over leases and licences and with the management of rent receipts.

The Australian Government has enacted legislation which enabled CLAs to grant leases and licences for a broader range of purposes than that was previously allowed. This has resulted in a large number of applications from all levels of government to the CLC on behalf of the title holding bodies.

activity quantity lots

Applications lodged for Australian Government infrastructure leases in CLAs

5 5

NT Government infrastructure leases consented to by members of the land holding bodies for CLAs

2 2

Local government infrastructure leases and licences consented to by members of the land holding bodies for CLAs

3 6

CoMpeTing appliCa Tions for leases over THe saMe CoMMuniTy lanD area The rollout of various leasing requirements pending expiry of the five year leases revealed a risk that separate parties may request leases over the same community area.

The CLC has transparent policy for dealing with competing interests. It advises all parties of any competing interests. Each party is able to make a written proposal and attend a leasing consultation to support its application. The decision about any applications rests solely with the traditional owners.

The CLC’s legal section aims to provide the best quality advice on lease applications to traditional owners and empower them to make an informed decision. It provides the same information to any affected community.

44 CLC ANNUAL REPORT 2013-14

Angarapa ALT The operator of the adjoining McDonald Downs Station has sought a further grazing licence on the ALT and an expression of interest has also been made by a local entity. Initial consultations with traditional owners have been held and final instructions will be sought when formal proposals have been settled.

Ooratippra PL / Irrmarne ALT (former Ooratippra Stock Reserve)

Ooratippra Aboriginal Corporation has entered into a five-year sublease over Ooratippra PPL with Bluegloss Pty Ltd effective from 2013 and with an option to extend for a further five years (a ‘5 + 5’ lease). As Ooratippra and Irrmarne ALT are neighbouring properties, a grazing licence over Irrmarne ALT has also been negotiated with traditional owners to run concurrently with and for the same period as the sublease over Ooratippra PPL.

A grazing licence has been granted over a portion of Haasts Bluff ALT for an initial 5 + 5 years, and again for a further two years. In return for the grant of the right to graze cattle, the licensee must pay a licence fee and undertake repairs to infrastructure on the licence area.

Haasts Bluff ALT Following consultations at Ikuntji, a grazing licence was granted over a portion of Haasts Bluff ALT for an initial five years with further options for up to seven years. The licence requires upgrades to infrastructure on the land together with negotiated fees.

Warumungu ALT Negotiations have commenced with two external proponents for grazing licences over areas of Aboriginal land near Tennant Creek township.

Daguragu ALT Negotiations underway with the existing proponent to renew the current licence and for further grazing licences on the Land Trust.

Hooker Creek ALT Consultations were held in Kalkarindji in October and November with traditional owners regarding the recent transfer of neighboring Riveren PPL to its new owners Japfor Santori (Australia) Pty Ltd. Instructions were provided on the transfer and extension of the grazing licence over Hooker Creek ALT to Japfor, subject to further detailed advice from the proponent.

Pawu ALT (formerly Mt Barkly PL) Consultations with traditional owners held in September and consent provided to the grant of a grazing license to ZVT Nominees P / L for 15 years.

Ahakeye ALT (formerly Ti-tree PL)

Negotiations progressed with Alice Springs-based G&C Pastoral Company to formalise arrangements addressing urgent animal welfare and infrastructure maintenance issues following the departure of a previous manager.

Arletherre ALT (formerly Loves Creek PL)

Negotiations progressed regarding ongoing and future land use with G&C Pastoral Company, the sub-lessee of Loves Creek PL prior to its conversion to Aboriginal freehold title in July 2012.

Alkwert ALT (former Alcoota PPL)

Negotiations progressed with the Aboriginal-owned Alcoota Cattle Co. and the sub-lessee of the former Waite River PL regarding ongoing and future land use following the grant of Aboriginal freehold title in July 2012.

Pastoral develoPment The CLC continues to support traditional owners in negotiations with pastoral interests seeking grazing licences over Aboriginal-owned land and in the implementation and monitoring of licence conditions. The CLC continued to monitor the terms and conditions of 10 existing grazing licences on Aboriginal-owned land in this period.

Important areas for any negotiation about grazing licences are: training and employment opportunities for traditional owners and members of remote communities; sustainable grazing levels compatible with cultural and natural resource values; and redevelopment of pastoral infrastructure for the future benefit of traditional owners The CLC also revised and circulated detailed guidelines for submitting pastoral proposals for Aboriginal land to prominent Central Australian proponents and others making

direct approaches to traditional owners for Mt Allan, Central Mt Wedge, Yuendumu and Atula. No written proposals have yet been received in response to take to traditional owners.

Whilst the term of grazing licences issued to date has largely been 5 + 5 years, external interest in longer-term proposals does exist but faces understandable challenges in gaining the interest of traditional owners due to perceived conflicts with existing community land uses and long-held but as yet undeveloped aspirations of traditional owners for the use of their land. In this period however a number of such longer-term arrangements gained approval.

The CLC conducted assessments, traditional owner consultations and proponent negotiations over new external grazing licence proposals for pastoral production and related activities on the following areas of Aboriginal-owned land:

45 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 3

negotiations, progressed expression of interest documents and facilitated a site visit • reviewed issues associated with the use of the Lilla Community Living Area (Watarrka National Park) by

external tour operators • responded to the interest of a tour company operator wishing to gain camping access to Katiti ALT • commenced discussion with the proponent of a

walking trail to operate from Utju and processed a special purpose permit application to allow them to visit Utju to investigate potential tours • processed two tour operator special purpose permit applications to Kaltukutjara to investigate potential tour partnerships.

oTHer inTeresTs Arletherre ALT (former Loves Creek PL) conducted traditional owner consultations and negotiations with the NT Department of Correctional Services and the Operation Flinders Foundation, a youth outreach organisation, regarding establishment of an area of the ALT to run camps for young offenders and youth at risk.

The CLC also sought instructions on sacred site protection over whole communities and prepared 13 traditional owner identification reports based on anthropological research.

land use number

Community leasing 8

Grazing licences 4

Horticultural projects 1

Total 13

TourisM DevelopMenT In addition to promoting the CLC’s role, responsibilities and processes with operators and potential Indigenous tourism partners, the CLC’s Aboriginal Tourism Development Officer and / or other relevant staff:

• met with an Adventure Travel Group representative and four individual operators interested in partnership opportunities on Aboriginal land

• consulted traditional owners of the Urrampinyi-Iltjiltjarri ALT (formerly Tempe Downs) on unauthorised external tourism pressures and the potential for regulated tourism opportunities

• facilitated a number of matters in relation to the proposed Finke Eco-lodge proposal, including a CLC sacred site clearance certificate, a special purpose photography permit, commenced lease

Traditional owner Vera Willams explains the history of the rock art near Lilla community in Watarrka National Park. (Photo: Elke Wiesmann)

Bruce Swan from the Lilla community living area in Watarrka National Park discusses the community’s tourism plans. (Photo: Wendy Becher)

46 CLC ANNUAL REPORT 2013-14

The CLC continued to maximise sustainable Aboriginal employment and training outcomes, taking advantage of its awareness and capacity to broker employment opportunities in the course of performing its statutory functions, strong community networks and familiarity with the aspirations and circumstances of its constituents.

Over the year this function transitioned from a small unit of six people dedicated to providing placement, training and mentoring support to Aboriginal people seeking to take advantage of these opportunities into a new employment and enterprise unit. With the program’s movement to a new hub at Cameron Street, Alice Springs, in early 2014, and expanding linkages between its efforts in Aboriginal pastoral development and new opportunities for pastoral employment under the ILC-funded Pastoral Real Jobs Program, it restructured staffing arrangements to underpin these efforts.

Fifty-six Aboriginal people were placed in new jobs in a range of industries. Notably, 73% of them were still employed at the end of the period, and some had been promoted.

The employment and training unit’s focus on longer term ‘mainstream’ opportunities is evident in the overwhelmingly high number of placements in permanent positions rather than short-term contract and casual appointments.

Not surprisingly, the most employment opportunities were in CLC regions, with established mining and pastoral activity.

In partnership with other providers the CLC continued to promote and facilitate career pathways for young Aboriginal people from remote communities. Through a range of youth focused prevocational programs it engaged with 162 young people, predominantly in industry focused Career Information Sessions and Vocational Education in Schools (VETiS) Programs.

Output 3.2 eMployMent, eDuCA tIon & tRAInInG Assist as appropriate in the economic advancement of Aboriginal people through employment, education and training, particularly in relation to land use proposals.

24

26

6

Total  2013/2014  sucessful  CLC  EU  assisted   employment  placements  

Mining & Exploration

Pastoral

Other

6

44

6

Total  2014  sucessful  CLC  EU  assisted  employment  placements  -­â€   Employment  Type  

Casual

Permanent

Contract

0

5

10

15

20

25

30

35

40

Mining & Exploration Pastoral Other

CLC EU assisted employment placements - By Industry and Employment Status at 30 June 2014

Employment placemes secured commence in 2014-15

No longer employed at June 30 2014

Still employed at June 30 2014

CLC-ASSISTED EMPLOYMENT PLACEMENTS - BY EMPLOYMENT TYPE

CLC-ASSISTED EMPLOYMENT PLACEMENTS - BY INDUSTRY AND EMPLYMENT STATUS, AT 30 JUNE 2014

CLC-ASSISTED EMPLOYMENT PLACEMENTS - BY INDUSTRY

47 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 3

p asToral As a member of the Indigenous Pastoral Program (IPP) steering committee and related IPP working groups the CLC continued to maximise opportunities for Indigenous employment and training in the pastoral industry. Regrettably, a number of successful community school-based pastoral training programs for disengaged youth, such as the Mount Allan stockman program, were suspended due to a funding shortfall from Remote Jobs and Communities Program (RJCP) provider Central Desert Regional Council and advice that the new RJCP job service model no longer supports such programs.

Significant initiatives and outcomes continued to emerge from interagency collaboration and other arrangements facilitated by the CLC. It collaborated with the management team at Mistake Creek

aboriginal youth pre-vocational programs partners

number of participants

partnered pre-vocational programs

Career information sessions

Tennant Creek High School Rural Operations VETiS Program Department of Education Blue Bush Pty Ltd

12

Ntaria School Rural Operations VETiS Program Department of Education Blue Gloss Pty Ltd (Mistake Creek)

6

Plenty Pathways Program Department of Education Blue Gloss Pty Ltd (Mistake Creek) 6

Pastoral Futures Program NT Cattleman’s Association Department of Education ILC Indigenous Pastoral Program ILC Pastoral Real Jobs Program

100

Centralian Girls Academy Centralian Senior Secondary College 30

Alice Spring Clontarf Foundation Centralian Middle School 8

0

5

10

15

20

25

30

1. Alice Springs 2. South West 3. North West

4. Tanami 5. Western

6. Tennant Creek 7. Eastern Sandover 8. Eastern Plenty

9. Central

Outside CLC Region

EMPLOYMENT PLACEMENTS

CLC REGIONS

Total 2013/2014 EU Employment Placements BY CLC Region

Other

Pastoral

Mining & Exploration

Mining anD explora Tion The CLC helped 10 Aboriginal people to find and stay in mining jobs with Santos, Newmont Asia Pacific and Terex. It also held several meetings with Newmont Asia Pacific to maintain their commitment to the highly successful prevocational training program at The Granites gold mine, and review and update employment, training and contractor obligation clauses in the mining agreement for The Granites.

The CLC also facilitated applications and interviews for international catering company Sodexo Australia and Newmont Asia Pacific about recruiting Aboriginal people for a variety of roles at the mine. Two women previously assisted into administrative roles at the mine by the CLC have progressed to underground truck drivers, with another four being continuously employed for between 7.5 to 12.5 years.

2013-14 EMPLOYMENT UNIT PLACEMENTS - LOCATIONS BY CLC REGION

48 CLC ANNUAL REPORT 2013-14

(Malngin ALT) and the NT Education Department’s VETiS program to deliver six pastoral work experience programs.

The rural enterprise unit also continued to monitor Indigenous employment on Aboriginal-owned cattle stations and grazing licences on Aboriginal land with a focus on Indigenous employment in evaluating all grazing licence proposals.

naTional parK JoinT ManageMenT The CLC aims to secure employment and training opportunities for Indigenous people under two joint management regimes for national parks and reserves in the region and re-established a joint management officer in the Uluru-Kata Tjuta National Park to perform its functions.

TourisM anD HospiT aliTy

The CLC helped four traditional owners from Patji and Umpiyara outstations to take part in a capacity building field trip to Litchfield and Pudakul, and assisted an Anangu guide with Uluru Aboriginal Tours to complete the UKTNP tour guide accreditation course.

It also met with Central Desert Training and local Aboriginal organisations, which are potential employers about an Alice Springs-based retail and hospitality prevocational Indigenous employment program.

Cul Tural anD na Tural resourCe ManageMenT : ranger prograM The CLC ranger program continues to be one of the most successful and popular models for Indigenous employment and skills development in remote Aboriginal communities. Ranger groups provide scarce but highly valued employment in areas with few jobs through integrating cultural and natural resource management opportunities with the aspirations of traditional owners. More than 143 Indigenous people were employed across 11 ranger groups, both permanently and in short-term casual contracts.

Young Aboriginal people with no previous employment experience are occasionally employed on a casual basis to build capacity and interest in ranger work Short-term casual employment is also available on larger tasks such as fire management, fencing projects or other measures to reduce the impact of feral animals. The experience gained through these opportunities was the basis for some to progress to permanent employment.

There was demand for ranger groups in at least six new areas this year, which was beyond the CLC’s financial and structural capacity to respond to. In this context, and with long-term funding uncertainty, the CLC initiated an ABA-funded consultancy to examine program growth and resilience. It will provide the framework for the future direction, security and sustainability of the program and guide the choice of structural and business options for sustainable growth.

Despite limited funding the CLC agreed to a Department of the Environment request for it to

0

1

2

3

4

5

6

7

8

9

Huckitta Station Tanami Downs Blue Bush Station Mistake Creek Station Ooratippra Station

NUMBER OF PARTICIPANTS

PROPERTY

ILC Real Jobs Positions 2013/2014

No longer employed at June 30 2014

Still employed at June 30 2014

ILC REAL JOBS POSITION 2013-14

49 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 3

assume interim responsibility for the Angas Downs Anangu Rangers and associated Angas Downs IPA after the demise of their hosting arrangements with an ASIC entity placed into administration.

employment outcomes and ranger retention rates By June 2014 the CLC employed 97 Indigenous rangers on a full-time (5), part-time (57) or casual basis (35) within the 11 established ranger groups, six more than it employed at the close of the previous period.

Over the 2009-14 period of consolidated funding a total of 402 Aboriginal people have been employed as CLC rangers either in permanent (part- and full-time) positions or under short-term casual contracts. Most rangers are 26-35 year olds, followed by the group aged 18-25 years.

During the five years of the program the number of rangers employed in permanent positions grew from 50 in 2010 to 62 in 2014.

Over the five-year life of the consolidated program the proportion of women employed in ranger jobs has remained fairly constant at 23.7%. These numbers are well below the 35-50% level that the program aspires to and below the benchmark for the WoC-funded ranger program nationally.

achievements Reflecting the diversification and extent of training effort over this period, rangers participated in 74 separate training events, 89% of which were in units of competency from nationally accredited training packages. 24,014 hours of training was provided across all groups in the program in accredited units of competency from nationally recognised qualifications, as well as 1,416 hours of non-accredited training. While most of this effort contributed toward the attainment of Certificate II in Conservation and Land Management, 45% of the accredited training hours were at a Certificate III and IV level, indicative of professional progression and maturing of rangers.

83

71 75 69 74

24

16

22

22

23

0

20

40

60

80

100

120

2010 2011 2012 2013 2014

NO OF RANGERS

Male and Female Rangers 2010-14

Women

Men

6 10 10 9 5

44 39

47 44 57

57

38

40

38

35

0

20

40

60

80

100

120

2010 2011 2012 2013 2014

NUMBER OF

RANGERS

Ranger Employment Snapshots (30th of June)

Casual Part-time Full-time

1

63 57

121

20

137

124

281

0

50

100

150

200

250

300

Full time Part time Casual Total

NUMBER OF RANGERS

Employment Status all CLC Rangers 2009-14

Women Men

RANGER EMPLOYMENT SNAPSHOTS, AT 30 JUNE 2014

MALE AND FEMALE RANGERS 2010-14

EMPLOYMENT STATUS ALL CLC RANGERS 2009-14

RANGER RETENTION IN YEARS, AT 30 JUNE 2014

14

6

17 18 13

61

0

10

20

30

40

50

60

70

5 years 4 years 3 years 2 years 1 year 0.5 year or

less

NUMBER OF RANGERS

Rangers RETENTION

Rangers

50 CLC ANNUAL REPORT 2013-14

qualification

number of rangers undertaking studies

number of rangers completing studies

Certificate II in Conservation and Land Management 34 11

Certificate III in Conservation and Land Management 21 0

Certificate IV in Conservation and Land Management 4 0

CLC RANGER TRAINING HOURS DELIVERED (BY SKILLS SET) 2013-14 CLC RANGER ACCREDITED TRAINING (BY CERTIFICATE LEVEL) 2013-14

TRAINING HOURS BY CLC RANGER GROUP 2013-14

0

10000

20000

30000

40000

50000

60000

2009-10 2010-11 2011-12 2012-13 2013-14

Other Operate Quad Bikes Equipment and Assets Maintenance/Operations Lands, Parks and Wildlife Cultural Land Management Vertebrate Pest Management Weeds Management Fire Management Earthworks and Erosion Control Core, Occupational Health and Saftey Administration, Literacy and Numeracy

AREAS OF RANGER TRAINING OVER THE LIFE OF THE PROGRAM

0

500

1000

1500

2000

2500

3000

3500

4000

4500

5000

Muru-warinyi Ankkul

Tjuwanpa Kaltukatjara Wualign Ltyentye Apurte

Warlpiri Anmatyerr

Anangu Luritjiku Munguru Munguru Arltarpilta Inelye

Angas Downs

Alice Springs Based Staff

Training Hours by Ranger Group 2013-14

Training Hours by Ranger Group 2013-2014 Non-Accredited Training (Actual Delivery Hours)

Training Hours by Ranger Group 2013-2014 Accredited Training (DoB Nominal Hours)

Training hours by ranger group 2013-14: Accredited training (DoB nominal hours)

Training hours by ranger group 2013-14: Non-accredited training (actual delivery hours)

51 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 3

Despite the benefits, WELL funding and training support ended in October 2013, resulting in considerable effort to source alternative funding. While applications made to the Community Development Fund and the ABA were both unsuccessful, approval was received to use residual Working on Country funds to resume delivery of WELL training and develop related resources.

As a result of these efforts the program delivered over 2,000 hours of WELL training. In an effort to integrate WELL training into everyday ranger work, training was delivered regularly at each ranger group location.

WELL training gave particular focus to workplace oral communication this year. This was balanced with developing core skills in reading, writing and numeracy.

Only 2% of CLC rangers are on Level 3 of the Australian Core Skills Framework (31% are on Level 2, and 67% on Level 1), it is evident that additional language, literacy and numeracy (LLN) support should be an ongoing priority for the ranger groups. Approximately two-thirds of the rangers rely on prompting and modelling to complete communication tasks and approximately one-third require individualised, structured support in the completion of LLN tasks.

ranger workplace health and safety All ranger group training plans have addressed awareness of and compliance with work health and safety (WH&S) requirements. WH&S training achievements included:

• quad bike qualification update undertaken in response to their widespread use in the program and their associated high WH&S risks

• a complete safety audit undertaken of the program’s quad-bike fleet of 24 units and Polaris ATV vehicles (10 units)

• 22 rangers successfully completed training in two accredited units in the safe use, transportation, handling and storage of chemicals

• a qualification upgrade and refresher course in a new chainsaw operations unit successfully delivered to 38 rangers.

Course / occupational licence

number of rangers

SMARTtrain chemical use accreditation licence 22

Firefighting I NT accredition 6

Quad bike qualification upgrade 84*

New ranger induction 34

Operate & maintain chainsaws qualification upgrade

38

* Only one participant starting the course did not complete it.

Workplace english language and literacy (Well) training WELL training is essential for the CLC ranger program and has many flow-on effects. In addition to addressing the foundational literacy and numeracy requirements of many rangers, it builds their confidence and supports the development of new skills that increase productivity and safety, such as measuring herbicide quantities for weed control.

Nelson Tex downloading pictures for his WELL echidna project.

Bernard Bell undertaking quad bike training at the ranger camp.

Chainsaw training.

52 CLC ANNUAL REPORT 2013-14

School-based capacity building Ten of the 11 ranger groups incorporated local schools, junior rangers or youth programs into their field activities or otherwise promoted the program to them. These interactions provide visible employment pathways for students and seek to motivate them to stay in school longer to improve their employability. In many cases these occasions were the basis for the intergenerational transfer of traditional knowledge from senior traditional owners; they also provided initial work experience through skills shared by the rangers themselves.

Ranger mentoring support In response to the high ranger need for mentoring the CLC continued to employ a male and female ranger mentor. This enabled the capacity to respond collectively to areas of high demand across the program and gender-specific issues as required. Mentors gave particular focus to building the capacity of rangers to self-manage attendance and performance in the workplace, including personal, financial, cultural and lifestyle issues. Substantial mentoring effort was directed at three groups operating for periods without a full-time coordinator and another with recurrent performance issues. A total of 48 mentoring visits were made across all ranger groups. Details on the ranger of issues requiring mentor engagement over this period are provided below.

Eighth Central Australian Indigenous Community Ranger Camp The eighth annual CLC ranger camp at Kalkaringi and Daguragu over three days in June attracted over 100 participants. The camp provided a platform for networking and information sharing through group presentations, identification of common issues, and participation in a range of professional and team building development activities. Participants enjoyed a ‘healthy camp wok cook-off’ and painting a collaborative canvas.

Achievements • Development of ranger skills audit documentation to self assess skills and support needs. •

Sustained

support

for

seven

rangers

to

free

themselves fr

om long-standing debt.

• Development

and

delivery

of

a

new

two-day

ranger

induction. •

Thirty-four

newly

recruited

rangers

successfully

completed the induction including 26 new r

ecruits.

• Hosting

of

a

visit

by

a

group

of

undergraduate

community management students fr

om Macquarie

University.

FREqUENCy OF mENTOR visiTs PER TyPE OF ENgAgEmENT

0 10 20 30 40 50 60 70 80 90

1. Associated LM Staff Consults 2. Group Coordinator Consults

3.Engagement / Recruitment 4. Induction

5. Transition out of Work 6. Family

7. Complex Personal 8. Legal

9. Personal Development 10. Professional development

11. Group Supervision

12. CLC Process & Performance Management 13. Health

14. Financial 15. AOD

16. Transport

TYPE OF ENGAGEMENT

Type of engagement

Consultations

53 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 3

The agreements reached under the Land Rights Act since 1981 provide for positive outcomes for traditional Aboriginal owners. They protect interests in Aboriginal land and include compensation payments, employment, training, sacred site protection, environmental protection and cultural awareness.

Under the Land Rights Act the CLC must ensure that traditional Aboriginal owners are fully informed when making decisions over exploration and mining proposals. It makes agreements which can be entered into only where there is informed group consent. Adherence to the legislative process results in certainty to both Aboriginal people and proponents.

explora Tion liCenCe

appliCa Tions Exploration for minerals and petroleum is regulated under the Northern Territory’s Mineral Titles and Petroleum Acts. Exploration licences (ELs) allow the holder / operator to explore for minerals over the area of the licence. Exploration permits (EPs) generally cover much larger areas and are required for oil and gas exploration. A more recent addition to mineral / petroleum tenure is the Geothermal Exploration Permit (GEPs) under the Geothermal Energy Act 2009 (NT).

On Aboriginal land, exploration licences and permits can only be granted with the consent of the CLC. The mining provisions (Part IV) of the Land Rights Act set out a clear process for accessing Aboriginal land. The

NT Mining Minister initiates the process by consenting to exploration applicants entering into negotiation with the CLC. Applicants then have three months to lodge an application with the CLC for its consent to the grant.

In response, the CLC organises meetings to consult the relevant traditional owners and ascertain their views. The applicant is entitled to present their exploration proposals to traditional Aboriginal owners at the first meeting. A representative of the Minister can also attend this part of the meeting.

Where instructed, the CLC negotiates an agreement over the terms and conditions of the grant and holds further meetings as necessary to gain consent. Through this process the rights and interests of traditional Aboriginal owners are protected, and once a decision is made, the applicants have the certainty required to make the substantial investment required for exploration.

Where consent is given to exploration, the traditional Aboriginal owners cannot refuse any subsequent mining. An agreement for mining must be made to allow mining to proceed. Mining generally involves significant impacts to the environment and can affect neighbouring communities. The decision, therefore, that traditional Aboriginal owners are required to make at the exploration application stage is onerous. This is at the earliest point in the development process, when the least information is available on the nature of any possible development.

Output 3.3 MInInG Mining is the largest industry in the northern t erritory, worth more than $3 billion annually. Mining operations on Aboriginal land account for much of the mineral production. one of the most productive gold mines in Australia, located in the t anami region some 500 kilometres northwest of Alice Springs, mined millions of ounces of gold over the past 20 years and reports a further three million ounces of gold reserves. the most recent gold discovery in the northern t erritory, old pirate, also in the t anami, contains some 600,000 ounces of gold with plans to commence production in 2014. the northern t erritory’s only onshore oil and gas production occurs at p alm v alley and Mereenie west of Alice Springs and most recently on Haasts Bluff Alt near Kintore. All these sites operate under agreements with the ClC on behalf of traditional Aboriginal owners.

54 CLC ANNUAL REPORT 2013-14

Number of exploration titles (ELA and EPA) on Aboriginal land

2014 2013 2012 2011 2010

Consent to negotiate from NT Government 25 67 103 98 117

Application for consent to the grant* 37 82 85 121 128

Withdrawn during negotiating period 54 24 21 23 32

Refused 8 28 19 31 24

Consent to the grant 5 29 48 38 6

Granted by NT Government 20 40 65 8 7

Under negotiation as at 30 June 226 283 311 299 298

Note: *Count of ‘Applications for consent’ includes applications following expiry of moratorium period.

The CLC’s statutory obligation is to ensure traditional Aboriginal owners are informed as far as practicable when making such decisions. Where an agreement is made for exploration, the CLC must be satisfied that traditional Aboriginal owners understand the nature

and purpose of the exploration proposal and the terms and conditions of the agreement and, as a group, consent to it. The table below shows recent data for the processing of applications.

Processing of applications for consent to the grant of exploration titles under mining provisions of the Land Rights Act

performance measures 2014 2013 2012 2011 2010

Number of exploration titles (mainly ELAs and EPAs) effectively progressed to an initial traditional owner meeting 88 43 93 115 85

Total number of exploration titles considered at traditional owner meetings (includes first and further meetings) 116 58 98 145 102

Number of exploration titles processed to a final decision 13 57 91 69 30

Number of exploration titles completed in total (includes those withdrawn during negotiating period) 67 81 88 92 62

Average time taken (in years) from date application is received to either CLC consent or refusal 4.0 3.0 2.0 2.1 2.8

Many resources were again directed to exploration consultations in order to maximise the rate of processing of licences and permits. Seventeen traditional Aboriginal owner consultation meetings considered a total of 116 individual exploration titles. This reporting period shows a significant increase in the number of titles taken to meetings. Despite difficult market conditions and low commodity prices, the CLC processed a high number of titles. Of the 116 titles, 88 were discussed for the first time.

Twelve of these 88 individual exploration titles consulted over were oil and gas permit applications covering 114,485 square kilometres in area. Many of these titles will require multiple meetings as the vast area they cover may be held by several traditional Aboriginal owner estate groups and various language groups, which may require separate meetings.

Meetings took place across the CLC region, including Ti Tree, Kalkaringi, Tanami Downs, Daguragu, Mt

Liebig, Docker River, Alice Springs, Kintore and Tennant Creek. They required careful planning and significant resources. These meetings can involve several mining companies, numerous traditional owner groups and cover many thousands of square kilometres of land. The successful packaging of tenements at meetings is a complex and challenging process dependent upon many factors including the number of traditional owner groups, whether it is appropriate to bring groups together, the number of companies, the ability of companies to progress negotiations and the availability of the necessary CLC resources (staff, vehicles) to bring the meeting together.

The following table shows the numbers of exploration titles processed by the CLC during the reporting period, including the most recent five-year period for comparison purposes. It includes both ELs and EPs. Applications for consent to the grant of 37 exploration licences and exploration permits were received.

Note: ELA: exploration licence application; EPA: exploration permit application

55 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 3

The high level of interest in exploration on Aboriginal land in recent years was largely due to sustained demand for mineral and energy commodities and solid commodity prices. However, the records for this financial year reflect the troublesome time for mineral explorers over the past 12-18 months. The inability to attract investment for exploration was and remains a major contributing factor. The NT Government issued consent to negotiate for 25 titles, the lowest number recorded in 20 years. This reflects in part on the difficult financial investment situation with respect to mineral exploration. The price of oil remained strong during the year but the price of gold, iron ore and coal remained low, causing a major tightening of capital available for explorers.

Mineral explorers and miners also find it difficult to raise capital for other commodities, such as copper, mineral sands, rare earths, base metals, manganese, phosphate and potash. Oil and gas exploration, including the unconventional hydrocarbon industry, is booming in the CLC region with millions of dollars spent by Santos and Statoil, and other companies looking to progress exploration titles. Aboriginal land in the CLC region has full title coverage by oil and gas applications, with only geologically non-prospective areas remaining.

The release of new geoscientific data from the Northern Territory Geological Survey (NTGS) continues to fuel strong interest in Aboriginal land, particularly in the Arunta and Amadeus geological regions. However, a lack of exploration capital has prompted many explorers to withdraw applications before the processing of the title is complete. This frustrates traditional owners and the CLC alike. Fifty-four titles were withdrawn during the negotiation period, more than double the number of the previous period. Mineral exploration expenditure in the NT was down significantly compared with the record years of 2010 to 2012.

The new Twin Bonanza gold mine is planned to start in 2014. A mineral lease was granted in March 2014 following less than a year of negotiation of a mining agreement.

oil and gas The NT oil and gas rush, with its almost blanket coverage by exploration permit applications and granted titles, reflects the upgraded prospectivity of the hydrocarbon basins. This is due to a sustained higher oil price and increased global demand for energy, as well as new technologies for exploration and recovery of oil and gas. There is significant

interest in unconventional gas exploration in the sedimentary basins in the CLC region, targeting very deep shales. The vast Wiso Basin, for example, situated in the northwest of the CLC region, is subject to numerous applications covering several Aboriginal Land Trusts. Some of these areas of land have never before been considered at meetings with traditional owners. The huge Amadeus and Georgina basins also have blanket coverage of applications and granted titles.

Individual application areas for oil and gas are up to 16,000 square kilometres each, and are generally very remote, often with minimal or no established access. In terms of processing and counting outcomes, one EPA is counted as one title even though it may coincide or equate with the total area covered by 20 or more ELAs (which, when processed, are counted as 20 titles).

The first new discovery of oil in Central Australia in more than 20 years was made on Haasts Bluff ALT, near Kintore, with the Surprise project lease being granted in February 2014. The section 46 consultation and negotiation process under the Land Rights Act was completed within six months due to the comprehensive consultation processes in the exploration agreement in preparation for production, the management of the section 46 process by highly experienced CLC staff and the cooperation of the company.

uranium A large number of the applications the CLC received have continued to name uranium as a target commodity (13 of 28 exploration proposals), in many cases as a minor target along with other commodities. The 2010 tsunami and resulting Fukushima nuclear disaster in Japan continues to impact on public attitudes, the interest in uranium exploration and also the uranium price. The views of traditional owners about the exploration, mining and use of uranium are mixed. Some of their views were reported in the media; for example, their opposition to the proposed nuclear waste repository at Muckaty, north of Tennant Creek.

The CLC consented to five exploration licence applications. This low number results in part from the processing record of the last three years, where many titles were consented to as negotiations reached their conclusion. A further five consents on the agenda of a CLC Executive meeting in June 2014 were not dealt with because the chair terminated the meeting early.

56 CLC ANNUAL REPORT 2013-14

The CLC continues to process titles but many applicants are currently unable to progress them due to lack of investment capital. The mineral exploration industry crisis is reflected in the record low number of consents to negotiate by the NT Minister, the low number of consents by the CLC and the record number of titles withdrawn during the negotiation period. Despite the difficulties, significant numbers of meetings took place dealing with many titles.

For the first time in many years there is significant ground available for application by mineral explorers. During the exploration boom there was blanket coverage of available ground, not all of it necessarily prospective.

The graph opposite compares the number of exploration licence applications both consented to and refused during this period with previous periods.

The average time for processing applications from the date they were received was four years. This is longer than last year’s average of three years, the standard negotiating period of two field seasons (some 22 months) specified under the Act and reverses the five-year trend towards a steady reduction in the average processing time.

The finalisation of four old exploration titles with a combined negotiating period of more than 20 years has skewed this period’s average. The four titles have a long and complex history, with the applicant taking many years to become comfortable with the process and then prioritising the processing of titles for applications in different regions. The CLC had little choice but to wait until the company was ready to progress negotiations. Traditional owners were patient, preferring not to refuse the titles due to lack of progress and place them in moratorium. The titles finally consented to cover over 5,000 square kilometres of Aboriginal land.

Extensions to the negotiating period are made by agreement between the parties where necessary. Many of the applications, which take years to conclude, are hampered by applicants who are unable to explore on their own seeking joint venture partners. As funding for exploration programs in remote areas remains extremely tight there are serious delays in processing titles and processing applications. These delays are outside the control of the CLC.

The number of applications under negotiation at the end of the financial year is only slightly above

Traditional owners at a mining meeting near Docker River.

57 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 3

CLC anticipates ongoing delays in the progress of negotiations for many applicants until the commodity and financial markets improve.

The NT Government has used the provision under section 41A of the Land Rights Act to withdraw consent in extreme cases, where a company is not performing. This action has helped avoid ‘warehousing’ of titles and has helped more bona fide applicants to actively negotiate with the CLC. However, some applicants still fail to attend CLC meetings with traditional owners, probably due to the global shortage of exploration capital. For example, of the eight companies invited to one meeting this year, five declined to attend and four withdrew applications shortly after.

Nine EPAs were received covering more than 93,000 square kilometres. Few prospective areas remain available for application. The size and complexity of consultations required for exploration permits for oil and gas will present a challenge in processing titles for the CLC over the next few years.

Nevertheless the CLC will continue to process titles efficiently and aims for a medium term target of fewer than 200 exploration titles with negotiating period open.

the CLC’s target of less than 200. Many cannot be progressed due to the depressed financial and commodity markets. The CLC has 226 exploration licences under negotiation, compared to 283 in the previous period. This reduction is in part due to the 54 titles withdrawn during the negotiation period.

In order to reduce the number of exploration titles with the ‘negotiating period open’, the CLC has to process more applications than it receives. The rate at which applications are received is outside the control of the CLC. Although the number of applications received was very low, the number of applications received over the last five years has been consistently high. This resulted in a corresponding steep rise in the number with the negotiating period open.

The CLC again processed a high number of applications to first meetings stage. However, even with instructions to negotiate, some negotiations can take considerable time. In some cases this is due to the time needed for applicants to find joint venture partners, to new companies coming to terms with the draft deeds, or to changes to their funding or exploration priorities. Uncertain economic conditions also influence negotiations. The large number of meetings of recent years can continue to lead to consent decisions in the future provided the applicants have the financial capacity to explore. Currently, funding for mineral exploration is difficult and the

0

20

40

60

80

100

120

140

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

received

refused

consented

withdrawn

Number  of  explora.on  Titles  Applied  for  and  processed  on  Aboriginal  Land  

FINANCIAL YEAR

NUMBER OF ExPLORATION TITLES APPLIED FOR AND PROCESSED ON ABORIGINAL LAND

58 CLC ANNUAL REPORT 2013-14

uraniuM anD oTHer CoMMoDiTies inforMa Tion MeeTings Strong interest in uranium exploration continued even though the uranium price fell from record highs of over $US100 / pound to less than $US30 / pound. Of the exploration applications received by the CLC, nearly 50% were aimed at discovering uranium (down from 95%), along with a suite of other target metals and bulk commodities. These, combined with previous applications for uranium, still represent a significant area sought for uranium exploration.

Balanced information about uranium exploration and mining, radiation protection, the regulatory regime and the nuclear industry is fundamental to the informed consent of traditional owners. The CLC’s uranium information strategy aims to give affected communities and traditional owners facts on uranium mining, radiation, downstream processing and uses. Discussion about uranium took place at major traditional owner meetings, with the help of DVDs and other information materials.

The strategy is being replicated for unconventional oil and gas. Education sessions have been held outside the meeting process in communities in the southwest, west and central regions before titles have been discussed. The CLC continues to collaborate with the Australian peak oil and gas body, government, and other parties with land and environmental interests in unconventional oil and gas in order to provide comprehensive, balanced and appropriate information to traditional owners.

agreeMenT MaKing anD iMpleMenT aTion Where agreements are entered into with mining companies the CLC assumes a range of obligations and responsibilities. Among other things, the agreements provide for payments to traditional owners, procedures for the protection of sacred sites, work program approval and access permits, environmental protection and rehabilitation, Aboriginal employment, training and contracting, as well as liaison, reporting and inspection.

summary of exploration and mining agreements

new in 2013-14

Total current at 30 June 2014

Exploration agreements (no. of ELs and EPs)

5 (14) 70 (200)

Area of Aboriginal land under EL and EP agreements

3,763 sq km 73,706 sq km

Mining agreements (no. of MLs and PLs) 2 (2) 14 (14)

The table above covers the total area of land under exploration agreements. The CLC has 70 current exploration agreements in respect of 200 exploration titles, including oil and gas permits. The total area of land under agreement has risen dramatically

TRENDS OF ExPLORATION TITLES PROCESSING ON ABORIGINAL LAND

0

50

100

150

200

250

300

350

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

total processed - refused, consent, withdrawn

negotiating period open

received CLC

NO. OF ELAS AND EPAS

Trends  of  explora.on  .tles  processing  on  Aboriginal  Land  

FINANCIAL YEAR

59 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 3

from last reporting period from some 44,000 square kilometres to more than 73,700 square kilometres. EPs alone comprise nearly 22,000 square kilometres. The CLC also has 14 mining agreements relating to a total of 14 mineral leases or production licences for operations in the Tanami, at The Granites, Areyonga and Tennant Creek, as well as Mereenie, Palm Valley and near Kintore. This total does not include native title agreements.

Five new exploration agreements were finalised during the year, relating to 14 individual exploration licences.

Tanami mining agreements Newmont Tanami Operations mines gold ore from the Callie deposit, which is milled at The Granites. This is one of Australia’s most productive gold mines. Production from the underground deposits of Callie and Auron increased in 2013 after the significant decrease reported in 2012. The mine is projected to produce over 300,000 ounces of gold in 2014.

Ongoing monitoring of the mining agreements occurred during the year, including reporting on the tailings seepage interception system, the paste fill plant, and construction of a new water pipeline at the Schist Hills Borefield. Meetings of the Granites Liaison Committee were held in September 2013 and early July 2014. Newmont took traditional Aboriginal owners on a tour of the Dead Bullock Soak production site, the newly completed tailings storage facility at North Quorn and the Schist Hills Borefield. It conducted a social impact assessment of the mine operations, which was reported to traditional owners at liaison committee meetings. The Aboriginal employment provisions of the Consolidated Mining Agreement are being reviewed.

Tanami Gold acquired Newmont’s tenements around the Tanami Mine in 2010. Tanami Gold reported to a Tanami Mine liaison committee meeting on its exploration activities in the 2013 field season. In April 2013 the company announced that, due to financial pressures, it would defer a development decision on the Groundrush / Central Tanami Project. In June 2014 Tanami Gold advised that it intends to undertake further regional exploration.

A production agreement for mineral lease 29822 over the Twin Bonanza gold discovery on Mt Frederick No.2 Aboriginal Land Trust was finalised with ABM Resources. Mining is planned to start in 2014 and the company plans to process gold ore at the Coyote Mine in Western Australia.

Traditional owners visited the Malbunka copper mine site near Areyonga in June 2014 and inspected the underground extraction of blue azurite for the collectors market.

Mereenie oil and gas field: santos ltd Santos’ mature Mereenie oil and gas field is undergoing a major new investment to prolong production. It progressed its $100 million appraisal and well development project targeting oil and evaluating natural gas in tight rock formations. A new private gas contract is now in place for Mereenie and gas production has resumed, although at a lower level.

A meeting at Mereenie in September 2013 discussed possible future seismic and drilling programs. Sacred site clearances were completed for extensive new seismic and drilling programs at Mereenie and Mereenie West on adjacent EP 115 held by Central Petroleum.

palm v alley gas field: Magellan petroleum ltd At a meeting at Palm Valley Gas Plant in May 2013 the company updated traditional owners about field activities and the new gas contract. The field was in caretaker mode for months but Magellan entered into a new long-term gas sales contract to sell its remaining gas reserves over the next 17 years.

In February 2014 Central Petroleum announced the purchase of Magellan Petroleum’s assets in central Australia, including the Palm Valley Gas Field near Hermannsburg and the Dingo Gas Field south of Alice Springs. The Dingo field requires the construction of a pipeline to transport the gas to Alice Springs.

surprise oil field: Central petroleum limited Following grant of the production licence for Surprise, oil production began immediately. The focus of a liaison visit involving traditional owners and affected community members was future drilling and employment. Central Petroleum has made some advances in training and employment in partnership with CLC and Ngurratjuta, the local job service provider. Three people are employed at Surprise, with five people in training.

60 CLC ANNUAL REPORT 2013-14

explora Tion agreeMenTs Minerals Monitoring of existing exploration agreements involved liaison meetings and inspections of exploration work areas.

Newmont ceased exploration at the Oberon deposit northwest of The Granites mine. It plans to explore in the South Quorn area to the south of The Granites next.

Tanami Gold’s exploration activities were limited to a few small surface sampling programs to the northeast of the Tanami Mine. Across the entire central Tanami project area there is currently a total resource of 2.6 million ounces. This includes the Groundrush deposit and other previously mined areas.

ABM continued to progress its gold exploration work on its Twin Bonanza and other regional projects. After acquiring numerous tenements from Tanami

Gold and Newmont in 2009, the company discovered a significant gold deposit at the Old Pirate site and continued to consolidate its resource base. It estimates a resource of 3.4 million gold equivalent ounces across the Old Pirate, Golden Hind, Buccaneer and Hyperion deposits and undertook bulk sampling at the Old Pirate and nearby Golden Hind deposits. A mining agreement for a gold mining operation and grant of a mineral lease at Twin Bonanza was finalised with ABM, and the CLC provided comments on ABM’s environmental impact statement.

Northern Minerals carried out surface sampling exploration in the Tanami region near the Western Australian border. The company reported promising results for rare earths at its Boulder Ridge project.

Emmerson Resources holds a significant portfolio of tenements covering the old Tennant Creek Gold Field and recently announced a new joint venture with Evolution Mining, which has seen an immediate

Traditional owners inspect processing facilities at L6 near Kintore.

61 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 3

increase in drilling activity. A liaison committee meeting was held in Tennant Creek in August 2013.

Westgold Resources (part of Metals X) drilled to the southwest of Tennant Creek for more than four years. The company’s main project, the copper gold ore body at Rover 1, has an ore body at a depth between 300 and 600 metres. Exploration has not provided a resource estimate with sufficient confidence to enable a decision to mine. The economics of the project remain marginal at current gold prices but the company intends continuing exploration later in 2014.

Thundelarra Resources stopped exploring for uranium within the Ngalia Basin on Yuendumu, Ngalurtju and Yunkanjini Aboriginal Land Trusts but it still holds the titles. Another company, Energy Metals, continued exploring for uranium in the Ngalia Basin on nearby areas adjoining Aboriginal land. The current low price of uranium is restricting exploration.

ABM has joint ventured with Independence Group on its Lake Mackay exploration licences and is undertaking extensive soil sampling following major sacred site clearances conducted by the CLC in 2014.

Metals X, in partnership with the Lassact group, undertook extensive surface sampling for base metals over four ELs in the Haasts Bluff region west of Mt Liebig.

peTroleuM Central Petroleum (CP) announced a farm-in deal with Santos in relation to numerous titles in the CLC region, mainly located on pastoral lease but including some or portions of some titles on Aboriginal land. While CP continues to work on some titles, many are now being

actively explored by Santos under agreement with the CLC.

Statoil holds a vast exploration permit portfolio over the southern Georgina Basin (formerly operated by PetroFrontier), primarily across pastoral lease but adjoining various parcels of Aboriginal land. Recent exploration has included a number of new wells, which involve hydraulic fracturing.

The global interest in unconventional oil and gas is controversial because of the use of hydraulic fracturing (‘fraccing’). Exploration targets deep shales and ‘tight’ rocks where hydrocarbons are trapped in rock. Hydraulic fracturing is used to create cracks in the rock providing pathways for flow to the surface. Hydraulic fracturing in Central Australia has been used to enhance recovery in conventional vertical wells for many years, but the first horizontal wells were drilled recently in the Georgina basin by Petrofrontier, followed by Statoil. The recent rush in the unconventional oil and gas industry worldwide has resulted in close scrutiny of the industry as hydraulic fracturing has reportedly resulted in environmental and health impacts, particularly with respect to groundwater use and pollution.

The heightened attention around hydraulic fracturing coincides with the sudden expansion of the coal seam gas industry in eastern Australia and there have been calls for a more cautious approach nationally. In 2014 the NT Government announced an independent inquiry into hydraulic fracturing in the NT. The CLC’s submission makes 18 recommendations, covering the volume of applications, the geological prospectivity, applicant’s quality, the CLC consultation process, as well as policy, regulation and operational concerns. It

Traditional owners inspect sample bags at Twin Bonanza Mine s.46 meeting.

62 CLC ANNUAL REPORT 2013-14

can be located at: .

The CLC held education sessions with industry and regulatory experts on hydraulic fracturing for staff and met with local environmental groups in order to present comprehensive and objective information about the industry and the techniques used. An information package for traditional owners is in development.

Further information sessions are being planned for Council members.

governMenT liaison The CLC regularly discussed with the NT Department of Resources the rapid growth in the number and size of exploration permit applications both on and off Aboriginal land. It provided input to a review of the petroleum regulations and a more strategic approach for dealing with large and complex applications.

The CLC also continues to discuss the processing of mineral exploration titles and impediments to exploration with the NT Mining Minister. Officers from his department regularly attend the first meetings of traditional owners about exploration titles.

Traditional owners at mining meeting at Tinki outstation, near Kintore.

63 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 3

Output 3.4 CoMMeRCIAl ASSISt AnCe provide research and assistance and identify infrastructure requirements as appropriate to enable Aboriginal landowners and other Aboriginal people to undertake commercial activities.

Section 23 (1)(ea) of the Aboriginal Land Rights (NT) Act 1976 assigns a function to the CLC to ‘assist Aboriginals in the area of the Land Council to carry out commercial activities (including resource development, the provision of tourist facilities and agricultural activities)’.

TourisM DevelopMenT The CLC maintained its limited capacity to provide dedicated tourism planning and implementation support to traditional owners and Aboriginal communities in sustainable Indigenous tourism development. Supported by other staff, the Aboriginal Tourism Development Officer (ATDO) provided tourism planning, development and implementation support for a number of existing and emerging Indigenous tourism initiatives.

The CLC supported meetings of the Umpiyara Tourism Venture (Katiti ALT) directors meeting, and helped present potential joint venture partnership interests. At the Patji outstation (Petermann ALT), the CLC facilitated a pre-feasibility field trip, coordinated expressions of interest in a joint venture partnership, created a tour map and initiated land use agreement negotiations. Other groups supported by the CLC include the Uluru Development Project (Katiti and Petermann ALTs), the Watarrka National Park campground, the Spotted Tiger campground (near Atitjere), the Rainbow Valley Cultural Tours and Mani Mani Cultural Performances.

Traditional owners and community residents were consulted and received preliminary support and advice for tourism development aspirations in areas including Ipolera, Utju (Areyonga), Karlu Karlu (Devils Marbles), Finke Gorge National Park and the Alice Springs Telegraph Station.

p asToral DevelopMenT The CLC continued to provide representation, support and advice for pastoral development to traditional owners involved in commercially based enterprises and community based projects. Four ABA-funded staff of the CLC rural enterprise unit (REU) responded to

Aboriginal landowner requests for practical on-ground help to plan projects to handle stock.

The CLC participated in the Indigenous Pastoral Program (IPP), a very successful multiagency collaboration sponsored by the Indigenous Land Corporation (ILC).

The CLC provided support for a range of pastoral development activities on Aboriginal land, from smaller community-based initiatives to enterprises incorporated into the IPP. It also supported established and emerging Aboriginal-owned commercial cattle operations.

At Atnetye ALT it helped the directors of Apiwentye Pastoral Company and station management to resolve issues relating to an ABA grant for herd development, corporate governance and solvency issues following resignation of the non-Aboriginal executive director. The CLC assisted the outgoing managers to understand the company’s financial situation and the potential implications for meeting its commitments and obligations. It helped with the voluntary winding up of the company and the appointment of an administrator and worked closely with the major creditor and Elders to plan the sale of the herd to pay off the overdraft and existing debts. It monitored the disposal of plant and equipment and represented issues of concern about unauthorised removals.

At Mangkururrpa ALT (former Tanami Downs PL) the CLC the assisted directors to install ILC-funded station infrastructure and to recruit new managers. Governance arrangements were restructured, new directors appointed and a competent pastoral inspector was recruited to work with the new manager and improve oversight of the operation. A full muster across Tanami Downs resulted in the yarding of 3,732 head of cattle.

At Huckitta Station the CLC coordinated the drafting, processing and transport of sale cattle, resulting in a total of 436 steers being trucked to Darwin for export. It assisted traditional owners to hire and support a caretaker manager to maintain property and stock over summer and the period of transition to a new manager.

64 CLC ANNUAL REPORT 2013-14

output GRoup 4

ouTpuT

4.2 aDvoCaCy & represenT aTion

4.3 Cul Tural & HeriT age suppor T

Enhanced social, political and economic participation and equity for Aboriginal people in the Central Land Council’s area as a result of the promotion, protection and advancement of their land rights, other rights and interests.

ouTCoMes

ADvoCACy SeR vICeS

4.1 puBliC a Wareness & eDuCa Tion

4.4 CoMMuniTy DevelopMenT suppor T

O u t p u t g R O u p 4

65 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 4

The CLC plays an important role in informing its constituents and the wider public about issues of relevance to Central Australian Aboriginal people and to reflect their achievements. Every year the CLC produces a wide range of information and educational materials and presentations. It is also often the first point of contact for journalists and the general public wishing to know more about Aboriginal culture and contemporary life.

perforManCe The CLC’s communications unit provides timely responses and advice on, and increases the awareness of the Council of, issues in the media and maximises media coverage. It prioritises communications with Aboriginal people in remote communities in order to increase their knowledge of the issues affecting them. It does this by organising events, managing issues, public relations and producing web, print, radio and TV content.

Many other sections also produce educational materials, highly visual booklets, community newsletters and posters to inform constituents, collaborators and the wider community about consultation outcomes and to keep them up to date about program activities.

item 2013-14 2012-13

Press releases 20 17

CLC website visits 92,440 70,202

CLC newsletters 9 4

Land Rights News Central Australia 2 3

Special purpose videos 14 3

Information booklets 37 -

Posters 13 -

aCHieveMenTs Website The CLC web site continues to grow in popularity. It experienced over 22,000 more visits than in the previous year; 66% of hits were from new visitors.

land rights news Central australia The record 9,000 circulation of Land Rights News Central Australia (LRNCA) reflects increased requests and feedback from communities and organisations.

Launched in October 2011, and succeeding the Territory-wide Land Rights News, LRNCA appears three times per year. It covers issues of relevance to the CLC’s constituents and informs them about the political, economic and cultural life of Central Australia. One of few sources of relevant and accessible information for Aboriginal people in the CLC region, it is distributed free of charge to communities and newsagents.

ClC digital archive The digital archive now contains more than 12,000 records and continues to enjoy a great response. It can be accessed via the web, as well as at CLC offices. The CLC helped to develop software for tablet computers to help manage the steady stream of image requests from families throughout the region.

oral history project A manuscript based on over 200 interviews in 12 languages with notable Aboriginal men and women from 45 communities is on track for completion. The book will be published by SBS Books in 2015 and promoted through both through SBS and NITV. The communications unit was able to progress this book and audio project thanks to an ABA grant.

Challenges Media and communications play an increasingly important role in the lives of Aboriginal people. This places escalating demands on the CLC’s communications staff. Despite the untimely death of the CLC’s long-term media manager, the communications output of the CLC increased overall.

Output 4.1 puBlIC AWAReneSS & eDuCA tIon

Loss of a strong voice: CLC’s media manager of 19 years, Kumanjaye Hodson (1957-2014).

66 CLC ANNUAL REPORT 2013-14

The CLC has a statutory responsibility to ascertain, express and represent the wishes and the opinion of Aboriginal people living in the CLC area, and to protect the interests of Aboriginal residents. To fulfil this responsibility the CLC identifies significant legislative and policy matters and consults with traditional owners and Aboriginal people to ascertain their views, then establishes positions on significant policy issues through the Council and Executive.

The CLC also works on a number of research projects to assist the CLC to formulate policy positions and responses. From this basis the CLC is able to represent with a high degree of authority Aboriginal people’s views and aspirations on issues and engage with all levels of government and other stakeholders to ensure that Aboriginal interests are taken into account.

perforManCe The CLC made numerous submissions to the Australian or Northern Territory governments on policy matters. This includes submissions and responses to the:

• Australian Government National Indigenous Employment and Training Review • Australian Government draft regulations pursuant to s.28A of the Aboriginal Land Rights (NT) Act 1976 • Australian Government Community Living Areas

Reform Outcomes Paper and Draft Regulations • House of Representatives Standing Committee on Indigenous Affairs Inquiry into the harmful use

of alcohol in Aboriginal and Torres Strait Islander Communities • NT Indigenous Education Review • Australian Government review into the Indigenous Land Corporation and Indigenous Business Australia • Department of the Environment on the draft bilateral agreement between the Commonwealth and the Northern Territory, relating to assessment under Part 8 of the Environment Protection and Biodiversity Conservation Act • review of the NT Bushfire Act 2009 • Joint Select Committee Inquiry into the Development of Northern Australia • Department of the Environment’s Emissions Reduction Fund Green Paper.

CounCil anD exeCuTive Council and Executive meetings were held in various locations across the CLC region. In addition to the usual schedule of Executive meetings, the Executive held two joint meetings with the NLC Executive. The first took place in Alice Springs in December 2013, while the second was in Canberra in February 2014.

This Canberra meeting coincided with a joint lobbying effort. Meetings were held with Minister Scullion; Indigenous Affairs spokespeople for the Australian Greens, Senator Siewert; Shayne Neumann as well as other members of the ALP; Liza Carroll, Associate Secretary of the Department of the Prime Minister and Cabinet; and Warren Mundine, chair of the Indigenous Advisory Council. Issues discussed included delegation of functions under the Land Right Act, alcohol issues, outstation funding support, management of the ABA, and the NT Government’s Indigenous education review

CounCil governanCe proCesses The CLC is serious about ensuring that Council members understand their roles and responsibilities. In addition to an induction session at the first Council meeting of a new term, all members receive governance training at a regional workshop. During this reporting period seven regional governance training workshops were held using the new CLC governance manual.

Despite the governance training there have been some internal governance challenges in the CLC during this reporting period. This highlights the continued importance of training and support in good governance.

perforManCe australian government liaison Following the election of the Abbott government in September 2013 the CLC put substantial effort into briefing incoming ministers on key issues and in establishing relationships with a new cohort of departmental officials. The Minister for Indigenous Affairs attended the CLC Council meeting at Lajamanu

Output 4.2 ADvoCACy & RepReSent AtIon provide advocacy and representation as appropriate to the traditional owners and other clients of the land councils.

67 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 4

in April 2014, and also addressed the Council, along with other candidates at the Council meeting held at Atitjere in August 2013, prior to the federal election. The CLC also met twice with Mr Mundine.

Delegation of functions In 2006 the Howard government amended the Land Rights Act. Among other things, it inserted a power for land council functions to be delegated to an Aboriginal corporation on application. Such an application can be made by an Aboriginal corporation whose members are either the traditional owners or residents of part of an area for which a delegation is sought. Where a land council refuses, the Minister for Indigenous Affairs can approve the delegation.

In the form the amendment passed, it is a mechanism that allows the Minister to reallocate core land council functions under the Act outside of the formal process that enables the establishment of new land councils. The specific functions that may be ‘delegated’ under s.28A are the power to grant leases (including township leases), consent to exploration and mining tenements, and agreements and interests concerning land under claim.

Once a delegation has been made, the future of that delegation is controlled by the Minister. The amendments were passed in a context where the Coalition controlled both the Senate and the House of Representatives, with a Senate Committee having been allocated a mere day to consider the many complex amendments. Proposed reforms were characterised by the Minister responsible as bringing an end to a ‘failed collective’ and encouraging ‘normalisation’. The CLC has serious concerns with the provisions relating to delegation because they:

• are contrary to common law and legislative principles of delegation - the ‘delegator’ being stripped of the powers with no ability to review or amend decisions

• do not guarantee the informed consent of traditional owners to the performance of land council functions by an Aboriginal corporation

• deliver disproportionate power to the Minister over the exercise of land council functions on Aboriginal land by enabling the reallocation of powers to corporations whose members need not include traditional owners

• expose land councils to liability for the conduct of an Aboriginal corporation without the accompanying power to address that conduct

• are likely to contribute to confusion, inefficiency and a lack of certainty, including for third parties seeking to access or use Aboriginal land.

Since the passage of this amendment in 2006, no applications for delegation have been received by the CLC.

The Minister for Indigenous Affairs, Nigel Scullion, expressed a desire to encourage delegation under these provisions. To that end, Minister Scullion tabled required regulations in December 2013. Prior to tabling, departmental officials provided draft regulations to the land councils for comment. The CLC provided comment in November 2013. The regulations require a land council to respond to an application for delegation of functions within three months, failing which the land council is deemed to have refused such that the Minister may force a delegation.

The CLC had a number of serious concerns regarding the regulations. The three-month timeframe is considered inadequate as the land council would need to investigate many complex issues once an application is received. Further, the final response to the application would then need to proceed to the Council at one of its three yearly meetings. In addition, the regulations fail to adequately prescribe how the proposed area in which the Aboriginal corporation proposes to exercise land council functions is to be described in the application.

Precision is needed in this regard to provide the land council with an accurate basis for determining whether the corporation membership complies with eligibility requirements, and to look at whether the area provides logical administrative boundaries for the delegated functions. Precision is also needed because the land council will need to be certain about which body, it or the delegate, may exercise functions over a given area, and third parties need certainty about who they should be dealing with.

Clearly this is a very serious issue for both the CLC and the NLC. These strong concerns were communicated to senators from all political parties, and discussed directly with the Minister and departmental officials. Ultimately, the Senate disallowed the regulation in March 2014.

Tenure and leasing The CLC produced a detailed policy paper, Land Reform in the Northern Territory: evidence not Ideology, in October 2013 for public distribution. This paper sets out the CLCs perspective on the Australian Government’s ‘secure tenure’ policy, and progress towards s.19 voluntary leasing, and future challenges.

A detailed report on the CLCs work in relation to leasing can be found on pages 41-43.

68 CLC ANNUAL REPORT 2013-14

denied permission to attend and provide support at meetings.

small communities and homelands The CLC continues to lobby hard on the need to secure a sustainable future for small communities, outstations and homelands. The new NT Government policy and funding guidelines have been in place during this financial year, and new data is now publicly available about funding levels and service providers. The data was used to develop regional maps to allow staff and constituents to understand funding allocated and the level of servicing they can expect. NT Government officials attended the November 2013 Council meeting to explain the new arrangements.

aboriginal community governance The CLC has continued to work closely on a community governance project with Lajamanu community, and particularly the Kurdiji group, to strengthen community governance. The project supported actions helping residents to gain a sense of control over areas they prioritise; for instance, in playing an active role in the review of the Top Springs roadhouse takeaway liquor licence.

Community members proposed, and successfully applied for, Warlpiri royalty funding for an office space and meeting area, which has enabled them to prioritise issues of concern to the community. With support from the Australian Government Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) the CLC was able to secure funds to conduct an independent evaluation of the Lajamanu Governance Project and the CLC’s other community development work. The evaluation

Community living areas (Clas) The CLC’s Annual Report 2012-13 provides a detailed report on the processes leading to the reform of CLA legislation. Late in the previous financial year the Australian Government released a discussion paper on reforms to CLA legislation. The CLC assisted with CLA consultations regarding these proposed reforms. An outcomes paper from these consultations, with accompanying draft regulations, was released on 21 June 2013 and the CLC provided a submission in July 2013. The Australian Government made the regulation providing for a greater range of leases to be issued on community living areas. The CLC supported this regulation but always advocated the need for more comprehensive reform. The CLC has subsequently written to both the Australian and NT governments seeking confirmation that a more comprehensive reform package will still proceed following discussions with the land councils. There has been no further progress on more comprehensive reforms.

aboriginal peak organisations of the northern Territory (aponT) The APONT was formed in October 2010, and comprises the Central Land Council, the Northern Land Council, the Aboriginal Medical Services Alliance of the Northern Territory, the Central Australian Aboriginal Legal Aid Service, and the North Australian Aboriginal Justice Agency. APONT has gone from strength to strength, and the CLC continues to play a key role in its work.

Work during this financial year includes the Central Australian Grog Summit, ongoing work regarding the development of principles for NGOs working in remote areas, commencement of the Aboriginal governance and management program, and numerous submissions on critical issues.

Mutitjulu Taskforce The CLC continued to participate in the Mutitjulu Taskforce, comprising all levels of government, Parks Australia and the Mutitjulu community members. It also participates in the Taskforce tenure subcommittee. The tenure subcommittee met in October 2013 and March 2014 and the whole Taskforce met in August 2013 and again in May 2014. The CLC continued to be an active participant in a process designed to build consensus on a tenure solution for Mutitjulu.

aboriginals Benefit account The CLC supported the work of the ABA Advisory Committee through the work of the committee’s elected members. Unfortunately, senior staff were

CLC Director David Ross with Central Australian Aboriginal Congress CEO Donna Ah Chee and Aboriginal Medical Services Alliance Northern Territory CEO John Paterson, at the Aboriginal Peak Organisations of the NT Alcohol Summit, Alice Springs, July 2013. (Photo: Kumanjaye Hodson)

69 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 4

was conducted by a team from La Trobe University (see pages 75-76 for details of the evaluation and its findings).

The mentors group played a significant and proactive role, providing essential expert outside advice to the project approach. Its work has been supported by funding from FaHCSIA, now PM&C. The group met fortnightly, visited Lajamanu in March 2014, followed by a meeting in Alice Springs in May 2014 to consider the implications of the independent evaluation of this project.

Community members strongly support continuation of the project and the CLC has responded by developing a 10-year timeframe to continue the project, and applying for a further three years’ funding.

During the year the Kurdiji group grew from strength to strength and:

• focused on its internal governance • administered the establishment and maintenance grants to Kurdiji to manage their office • worked on policing and night patrol issues.

The community governance project developed a practice paper documenting the lessons of the kurdiji project and delivered workshops on western legal structures and the relationship between the constitution, Parliament, courts, the Commonwealth and states and the process for creating and altering law.

alcohol issues The CLC participated in meetings of the Peoples Alcohol Action Coalition (PAAC) and worked towards the adoption of greater harm minimisation strategies in relation to alcohol. Much of this work is carried out through its work with APONT.

The federal government announced a parliamentary inquiry into the harmful use of alcohol. The CLC provided a submission to this inquiry in collaboration with APONT and the PAAC.

Following a successful summit in Darwin in 2012, APONT held an alcohol summit in Alice Springs in July 2013 to gather Aboriginal people’s perspectives on alcohol issues and issued a report from the summit.

In late 2012 the Licensing Commission decided to review the Top Springs takeaway alcohol licence following many years of complaints from various organisations and individuals about the harm caused by alcohol sold at Top Springs. In June 2013, the Licencing Commission handed down its review of the Top Springs licence and sought to place restrictions on takeaway sales, meant to come into effect on

31 July 2013. The Top Spring owners appealed the decision in the Supreme Court but withdrew the appeal on the condition that the original decision be reviewed by the commission. The CLC director met with the chair of the Licensing Commission to seek clarification about the review process and to confirm that any further hearings would be held in Lajamanu and Kalkaringi. Hearings took place in April and May 2014 in both communities. The CLC assisted community members at the Lajamanu hearing, and was represented at the directions hearing in Darwin.

radioactive waste facility The CLC has been involved in matters pertaining to the proposed national radioactive waste facility since 2005 when the Australian Government advised that three sites in the NT would be considered for a radioactive waste repository. Two of the proposed sites, Mt Everard and Alcoota, were in the CLC region. Traditional owners of both these sites opposed the siting of such a facility on their land.

In 2008 the CLC received strong representations from a group of traditional owners in the Tennant Creek region who opposed the nomination of the third site - Muckaty - by the NLC. The CLC resolved to support this group. The Alcoota and Mt Everard sites were subsequently disposed of on commencement of the National Radioactive Waste Management Act 2012.

Hearings commenced for a federal court case brought by traditional owners opposed to the nomination of Muckaty. In June 2014 the Australian Government and the NLC announced that they would not proceed with the Muckaty nomination and the Minister for Industry advised both land councils that they had until end September 2014 to volunteer a site for a waste facility on Aboriginal land or a national selection process would be commenced. The letter, scheduled for tabling at the July 2014 CLC Council, requested that the nomination be based on traditional owner consent and evidence that the site is not disputed.

Telecommunications The CLC continues to undertake strategic advocacy work on priority telecommunications matters, and is a member of the Australian Communications Consumer Action Network (ACCAN). It attended an ACCAN forum on telecommunication affordability. The CLC is also a member of the Broadband for the Bush Alliance. The alliance seeks to get a united front from the bush across a range of communications issues, but particularly with respect to the National Broadband Network and increasing mobile network coverage. The CLC attended the Indigenous focus group day of the Broadband for the Bush Forum III: Building a Better

70 CLC ANNUAL REPORT 2013-14

in NT national parks and reserves • natural resource management agencies, Indigenous organisations and other non government groups

facilitated by Greening Australia NT to identify opportunities for closer collaboration and interest in exploring landscape connectivity initiatives within arid Australia • the Lake Eyre Basin Community Advisory Committee

at a tri-state Simpson Desert workshop • the IPP Steering Committee in a multi-stakeholder partnership with the ILC, the NLC, Northern Territory

Cattlemen’s Association, the Department of Prime Minister and Cabinet and the NT Department of Education • the Australian Feral Camel Management Project stakeholders event at Parliament House, Canberra, to mark the end of the project • a ministerial delegation from Sarawak, Malaysia, to present the land management section’s successful work with the CLC ranger program • the Witjira National Park Board of Management (SA) regarding land management activities and issues for traditional owners in the Simpson Desert.

Digital Future that was held in Alice Springs in April and May 2014.

eMployMenT anD Training issues The CLC attended an Alice Springs forum in November 2013 and represented constituent interests in a written submission to the Australian Government’s National Indigenous Employment and Training Review. The submission emphasised the success factors of the CLC’s ranger program and the employment unit’s training and mentoring, as well as the continued investment in Indigenous ranger programs, the federal Workplace English Literacy and Learning (WELL) training and prevocational training tied to jobs.

The CLC employment unit and ranger program met with successful Remote Jobs and Communities Program (RJCP) contractors to build a strong working relationship and to source future employees for ranger groups and other CLC employment and training opportunities.

Its advocacy work also saw it represent constituent interests, aspirations and perspectives in meetings with numerous groups, including:

• the NT Bushfires Council to discuss possible CLC representation on the Council • the NT Weeds Advisory Committee • the Alice Springs Regional Weeds Reference Group • the Parks and Wildlife Service and the Aboriginal

Areas Protection Authority to discuss responsibilities for the protection and management of sacred sites

Daguragu women dance to welcome CLC Rangers to the Ranger Camp at Daguragu, June 2014. (Photo: Graham Prichard)

71 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 4

Numerous country visits featured activities such as cleaning of culturally significant waterholes and rock holes, maintenance of significant sites through actions against fire, weeds, stock and feral animal impacts; ceremonies and other cultural obligations; burning of country; intergenerational transfer of traditional ecological knowledge (see overleaf); and hunting and collecting bush foods, medicinal plants and artefact materials. These visits strengthen the bonds between people and country.

The CLC also responded to a number of traditional owner requests for access to country outside other fieldwork agendas. A total of 150 constituents participated in trips to the following areas:

Cul Tural KnoWleDge anD CusToMary praCTiCes Many CLC activities create opportunities for traditional owners and community members to fulfil cultural obligations, visit sacred sites and pass on cultural knowledge. Much of the CLC’s land management fieldwork program also provides the context for traditional owners to rejuvenate or maintain customary land management practices, in some cases across remote and rarely visited areas. Broadscale fire management and IPA management activities in particular provide such opportunities. The CLC ranger groups increasingly directly support traditional owners in meeting their cultural and land management aspirations.

Output 4.3 CultuRAl & HeRIt AGe SuppoRt provide cultural and heritage support as appropriate to the traditional owners and other clients of the land councils

Anmatyerr senior ranger, Nathaniel Dixon, under direction from senior traditional owners planning their work to manage the Honey Ant storyline.

72 CLC ANNUAL REPORT 2013-14

• Alitra Tableland (Pmere Nyente ALT) • Wayililynpa / Yaripilangu (Yunkanjini ALT) • Pawu / Ngarnka (Pawu ALT) • Pirliwarnawarna and Jiparanpa (Central Desert ALT) • Mina Mina and Yalalya (Lake Mackay ALT) • Nyukulku (Central Desert ALT) • Mirrirrinyungu (Duckponds) (Central Desert ALT)

Cultural heritage protection The CLC continued to protect and manage culturally and historically significant places that are deteriorating or environmentally threatened. In addition to supporting traditional owners to site restoration and maintenance themselves, the CLC implemented or initiated numerous actions including:

• Completion of the Indigenous Heritage Program (IHP)-funded project ‘Supporting traditional owners from Central Australia to manage Indigenous cultural heritage’. The project continued cultural site and rock art surveys at the four project sites, prepared and reviewed cultural heritage interpretive signs at each site, finalised and commenced implementation of the Nganju Cultural Heritage Management Plan, including a stock-exclusion fence built by the Anmatyerr Rangers.

• Completion of all requirements for construction of a Men’s Keeping Place facility within Uluru-Kata Tjuta National Park, including a maintenance plan with IHP funding.

• With funding from the NT Government’s heritage branch, completion the first stage of restorative conservation works on the old Tempe Downs.

homestead buildings on Urrampinyi Iltjiltjarri ALT.

• Consultation with traditional owners of the Aletherre ALT regarding the nomination of Arltunga Historical Reserve, the Little Flower Mission site and Atnarpa homestead to the NT Heritage Register (oral histories were also recorded to inform the public on the Mission’s significance).

• Consultation with traditional owners of the Mpweringe-Anarpipe ALT on the proposed heritage listing of Harry Well on the former North-South Stock Route and safety works required.

• Consultation with the traditional owners of the Iwupataka ALT about the nomination of the ‘Twin Gums’ to the register following the destruction of the site by fire in early 2013.

• Erection of stock-exclusion fencing around two sacred sites near the Aputula community (Finke).

• Development of the Yerrampe (Honey Ant) Storyline Project, which aims to embed cultural knowledge and site maintenance in land management work (a collaboration of traditional owners of the Anmatyerr region and the Anmatyerr ranger group).

Activities incorporated cultural mapping, knowledge documentation and transfer, as well as site visits.

The ABA-funded women’s land management facilitator (WLMF) supported the implementation of a Tennant Creek-based and IHP-funded cultural heritage project ‘Revitalising Warumungu and Warlmanpa women’s cultural heritage’. As part of the project, 30 Aboriginal women compiled film and site assessment information about two significant songlines of the Tennant Creek region. Approximately 40 (mostly younger) women visited 24 sacred or historically significant sites to record cultural, practice-related and historical information told by senior women. Cultural heritage site assessments were completed at each site and management plans progressed through the collaboration of female traditional owners and Tennant Creek rangers.

Fifteen women helped to repatriate related cultural information, and a large ceremony with Warumungu and Warlmanpa traditional owners was planned with the broader community and local service providers.

indigenous ecological knowledge (ieK) The CLC continued to build on the momentum established by its earlier three-year Intergenerational Transfer of IEK project (2008-10) by integrating IEK into much of its land management activity. Fire management, invasive species control, IPA management, joint management, biodiversity projects and community ranger programs all provide opportunities to achieve multiple outcomes from applying senior traditional owners’ knowledge to cultural and natural resource management.

The WLMF also significantly supported outcomes arising from the award winning Medicinal Plant Species Use and Management in Eastern Central Australia workshop, funded by Territory NRM. She produced and distributed maps and bush medicine reports to communities in each of the four project subregions established at the workshop. The project won the award in the Best Use of IEK award at the Territory NRM Forum. The project supported traditional owners to maintain the cultural values of bush medicine species through regional bush medicine harvesting protocols for communities.

Rangers and traditional owners from Santa Teresa and the Sandover region undertook trips aimed at maintaining their knowledge and practice related to bush medicines. A presentation was also made at the Southern NT NRM forum about sustainable bush medicine harvesting.

73 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 4

sacred site protection and work area clearances Sacred sites are places of deep spiritual significance and are an integral part of Aboriginal culture. Their protection is vital for the continuation of religious and cultural traditions and as a source of identity for Aboriginal people. The CLC assists Aboriginal people to protect their sacred sites by ensuring that every development proposal (including exploration and mining activity and road works) goes through a site clearance (work area clearance process).

Each year the CLC receives numerous requests from government agencies, public sector corporations and mining and other commercial interests who are seeking permission from Aboriginal landowners to undertake a diverse range of activities on their lands.

The CLC issued 137 sacred site clearance certificates in relation to Aboriginal culture and heritage maintenance. It also conducted anthropological research or gave anthropological advice about Aboriginal culture and heritage for a wide range of purposes:

Type of anthropological advice 2013-14

Exploration and mining on Aboriginal land 17

Exploration and mining on native title land 21

Telecommunications infrastructure 31

Community infrastructure 48

Road works 8

Land management activities 4

Site damage investigation 4

Infrastructure 11

Repatriation and miscellaneous 5

Genealogical information requests 24

Total 173

The CLC also took action to maintain and improve the genealogical and other anthropological information it holds, including its sacred sites database. It progressed the repatriation of sacred objects from its own collection, museums around the country and significant collections in overseas museums.

The CLC contributed to an Australian Research Council-funded project about Carl Strehlow’s linguistic recordings and participated in an ARC grant application for the repatriation of cultural information throughout its region.

Female CLC staff supported the Women’s Law and Culture meeting in a variety of roles.

74 CLC ANNUAL REPORT 2013-14

Aboriginal people in Central Australia are using their own assets to drive social, cultural and economic development. With strong leadership from the organisation’s Council, they are planning, implementing and evaluating projects that benefit people at a regional, community and outstation level. Aboriginal groups are doing this through carefully facilitated community development processes, which have been shown to be an effective engagement strategy in Aboriginal development. With meaningful local participation at its core, these processes are achieving tangible outcomes, as well as building individual and collective capacity, self-reliance, good governance and stronger communities.

CLC staff from the community development (CD) program work with Aboriginal people who direct their resources to projects that both maintain their Aboriginal identity, language, culture and connection to country and strengthen their capacity to participate in mainstream Australia by improving health, education and employment outcomes.

The four objectives of the CD program are to:

1. maximise opportunities for Aboriginal engagement, ownership and control, particularly in relation to the management of resources that belong to them

2. generate outcomes which benefit Aboriginal people and are valued by them, including social, cultural and economic outcomes

3. build an evidence base for the CLC’s community development approach and the value it has for contributing to Aboriginal capabilities

4. share lessons learned with other government and non-government agencies.

Now in its tenth year, the CD program is active in all communities in the CLC region, as well as in numerous outstations - plus some communities in South Australia and Western Australia. It has grown from two to six major regional projects, plus several smaller projects.

project activity

Uluru Rent Money (URM) Project Put rent paid to relevant traditional owners

towards a range of sustainable initiatives

Warlpiri Education and Training Trust (WETT) Project

Use mining royalties for sustainable education, training and health benefits

The Tanami Dialysis Support Service Project Support dialysis facilities in remote communities

Granites Mine Affected Area Aboriginal Corporation (GMAAAC) Project

Support nine communities to apply ‘affected area’ monies from mining towards broad community benefit

NT Parks Rent Money Project Put rent paid to relevant traditional owners

towards a range of sustainable initiatives

Community Lease Money Project Use rent paid for community leases for

a diverse range of development activities

Two additional projects were progressed. The Nolan’s Bore Mine Project and the Rover Mine Project both involve traditional owners directing mining exploration compensation to community benefit rather than individual distribution. Two new projects were also initiated. Aboriginal landowners who will receive royalties from the Twin Bonanza gold mine in the Tanami resolved to direct a quarter of future royalties to community benefit through the CLC’s CD program. For the first time a group of traditional owners whose corporation is winding up following mine closure are applying investment income to community benefit. Until now such investments were usually distributed to individuals.

perforManCe La Trobe University and the People and Planet Group completed a comprehensive independent evaluation

Output 4.4 CoMMunIty DevelopMent SuppoRt facilitate targeted Aboriginal community development initiatives as appropriate with the traditional owners and other clients of the land councils.

75 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 4

of the CLC’s CD program. Building on four years of independent monitoring by Praxis Consultants, the CLC-commissioned evaluation explored how the CD program could improve its development practice in order to maximise the benefits for Aboriginal people.

The government-funded evaluation found that the CD program has largely delivered on its goal, in a cost effective manner, thereby making a tangible difference to Aboriginal people’s lives. For the period 2005-13, $25.2 million of Aboriginal funds were used for community benefit. Funds invested in CD projects grew from about $0.5 million per year in 2005-06 to around $5 million per year in the last four years. This shows an important and growing commitment from Aboriginal people to spending their money for collective benefit.

The evaluation report highlights the effectiveness of the CLC’s CD framework and the processes employed by staff, which are based on Aboriginal control, ownership and self-determined priorities. This approach supports communities to determine and prioritise their development objectives. It results in Aboriginal empowerment and capacity development and achieves a broad range of outcomes. These include employment, education and training; childcare and youth engagement; cultural strengthening and maintenance; and health and wellbeing. The report also highlights the high proportion of funds directly

impacting ‘on the ground’ services and outcomes, and the small proportion devoted to operational and administrative support.

The independent evaluation demonstrates progress on building an evidence base for the CLC’s CD work. It notes that the ‘CLC has amassed an impressive range of data, reports and interviews’ on the CD program and has also made ‘strong efforts to share its lessons with others’.

The La Trobe evaluation noted:

• a growing commitment from CLC constituents to spend their money in a collective manner, with $25.2 million spent in 2005-13

• that CLC’s CD processes - based on Aboriginal control, ownership, empowerment and self-identified priorities - are effectively empowering traditional owners and community residents

• that the CD program is delivering longer term collective benefits than individual royalty payments, and that some less powerful people are benefitting who would otherwise have missed out

• the CD Program is delivering on its goal of making a tangible difference to Aboriginal people’s lives in a cost effective manner.

In relation to the Lajamanu community governance project (described on pages 68-69) the evaluation found that:

Acting chair Francis Kelly with the Kurdiji group in Lajamanu.

76 CLC ANNUAL REPORT 2013-14

• project support of the Kurdiji group in Lajamanu was slowly addressing some of the ‘governance vacuum’ in Lajamanu

• Kurdiji was widely known within the community, respected by both community members and service providers, and is possibly contributing to reduced crime rates in Lajamanu

• governance development work is slow and context specific and more support is needed if the group is to become self-sustaining.

proCess The CLC staff help Aboriginal groups to prioritise and develop projects and identify partner organisations that are able to do the projects. Once endorsed by the group, the CLC Executive signs off on completed project plans. The CLC negotiates comprehensive funding agreements before partner organisations deliver projects.

uluru renT Money proJeCT (urM) Every year, traditional owners of Uluru-Kata Tjuta National Park allocate funding from their national park rent income to community development projects in their communities in the NT and SA. Considerable

project effort is devoted to Mutitjulu community, which receives its own portion of rent because many traditional owners live there.

Since the CLC began working with them in 2007, traditional owners for Mutitjulu have focused their rent money on a major upgrade to their recreation precinct. A contribution of over $2 million of traditional owner money, combined with a substantial grant from the ABA and support from the Mutitjulu Foundation, allowed the community to renovate the recreation hall and build a community swimming pool, the Mutitjulu Tjurpinytjaku Centre. One of this year’s URM project highlights was the pool opening celebration in September 2013. This followed seven years of hard work by the Mutitjulu Working Group and the CLC. Pool operators CASA Leisure ran a very successful first swimming season with a total of 6,500 visits during the seven-month season.

The broader URM traditional owner group met twice and, after comprehensive planning, allocated a total of $471,105 to nine projects. Four of these projects are now complete. The majority were improvements to outstation infrastructure allowing traditional owners to spend more time on their country and, in two cases, engage in tourism operations. Traditional owners also funded the Purple Bus dialysis project operated by Western Desert Nganampa Walytja Palyantjaku Tjutaku

77 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 4

members with expertise in education and Indigenous governance. Projects are then recommended for funding to the Kurra WETT committee and, if approved, the project partners implement them.

The CLC (partly through two WETT-funded CD positions but also with extensive support from other CLC staff) continued to support the WETT governance groups, Warlpiri communities and partner organisations to successfully implement and further develop WETT’s four regional programs.

Key outcomes Consultations and planning in Yuendumu resulted in Kurra WETT directors’ approval of $220,000 for two years of operational funding of a new learning centre in Yuendumu. The centre promotes whole of community education, training and employment. WETT has led the development and funding of this innovative program, which has also successfully established learning centres in Lajamanu, Nyirrpi and Willowra.

Warlpiri WETT advisory committee members, CLC staff and implementing partner Batchelor Institute for Indigenous Tertiary Education (BIITE), together with researchers from the Centre for Aboriginal Economic Policy Research, advocated for the WETT Learning Centre Program at a public seminar at the Australian National University and a high level meeting with the Department of the Prime Minister and Cabinet.

(WDNWPT), an Aboriginal organisation supporting dialysis patients, for 12 months. This important project enables patients undertaking dialysis treatment in Alice Springs to visit their home communities and families. They supported the Ara Irititja Project, a culture and history database giving Aboriginal people access to information, stories and reflections. In this period a third allocation of rent money was made to Pitjantjatjara Council to continue training for community members and help them to use the database in eight communities for another 12 months.

Warlpiri eDuCa Tion anD Training TrusT (WeTT) WETT uses royalties from the Kurra Aboriginal Corporation to improve education and training outcomes of Warlpiri people. Newmont Asia Pacific pays mining royalties for its operations in the Tanami region to Kurra. Kurra is the WETT Trustee and the CLC is Kurra’s agent, with responsibility for administering the Trust. CD staff consult Warlpiri people to identify their education and training priorities and then facilitate the development of projects with input from relevant project partners. These projects are further developed by the WETT advisory committee, which now includes 12 representatives from the Warlpiri-patu-kurlangu-Jaru Association (the peak Warlpiri education body), one representative each from the CLC and Newmont Asia Pacific, and three independent

Kids enjoying themselves at the Mutitjulu Tjurpinytjaku Centre opening at Uluru, September 2013. (Photo: Steve Strike)

78 CLC ANNUAL REPORT 2013-14

have completed Certificates in Early Childhood Services. • Ten local Aboriginal playgroup workers employed across the four WETT communities.

• Warlpiri early childhood workers and reference group members from Yuendumu and Nyirrpi participated in governance training.

WeTT Country v isit program

Warlpiri people consider it critical to successful educational outcomes that senior people in remote communities participate in the education system. With the support of the Tanami IPA Program, Nyirrpi and Lajamanu schools between them conducted four country visits involving more than 40 children and 27 elders.

WeTT school support program The WETT School Support program provided funds for 36 students from Willowra, Lajamanu and Nyirrpi to go on interstate school excursions and experience life outside Central Australia. The program also funded six local Aboriginal teachers and elders to accompany them. The trips provide significant learning opportunities and are a great incentive to attend school regularly. While WETT funding was also available to Yuendumu, the school was unable to conduct an excursion due to its own resource constraints.

Ten students received support from WETT to attend boarding schools in the NT and Victoria. The program funded family visits, equipment, school uniforms and extra tuition.

WeTT y outh and Media program The WETT Youth and Media Program, a partnership with the Warlpiri Youth Development Aboriginal Corporation (WYDAC) and PAW Media, continued to consolidate its focus on training and employment pathways. WETT formed a new partnership with WYDAC and BIITE to support a youth-focused adult learning centre in Yuendumu.

Youth subcommittees from each of the four WETT communities met twice during the year to discuss youth programs in each community.

WeTT learning Community Centre program WETT, in partnership with BIITE, continues to fund the Learning Community Centre Program in Lajamanu, Nyirrpi and Willowra. From 1 July 2014, the program will also be operational in Yuendumu. The La Trobe evaluation highlighted the importance and local ownership of the centres. One community member

WeTT early Childhood Care and Development (eCCD) program The WETT ECCD program, managed by World Vision Australia (WVA) with support from BIITE, now in its sixth year, continued to provide a range of benefits. These include early childhood activities in each of the four WETT communities, as well as training for residents.

Monitoring, evaluation and research continued, with the second annual external evaluation report completed by the Australian Council for Education Research, which also provides a review of the ECCD Program over its five-year implementation period. WETT and WVA also commissioned a research report through BIITE and Menzies School of Health Research, exploring a range of Indigenous early childhood programs operating in similar contexts. WVA and WETT Advisory Committee agreed to draw on the evaluation and research findings to redesign program aspects in 2014-15 in order to increase local engagement.

Key outcomes • WVA continued to support local playgroups in Willowra and Yuendumu, and worked closely with families in Lajamanu and Nyirrpi to encourage

engagement in local playgroups and crèche. Participation in Willowra continued to grow strongly in the new early childhood centre, which is managed by BIITE with WETT funding.

• WVA coordinated a range of parenting support workshops on topics such as nutrition and child protection.

• Early childhood training was delivered in Lajamanu, with 15 students enrolled in two or more competencies and seven of those working towards a Certificate 3 in Children’s Services. Six community members were employed in the Willowra playgroup, five of whom had started Certificate 1 in Children’s Services. Since the start of the program 17 students

Hamilton Morris, Nancy Dixon, Renee Cohen, Fiona Gibson (FM) prepare for a WETT Advisory Committee meeting.

79 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 4

told the review team, ‘The learning centre is here for people to learn. It is a yapa place … They’re the ones been helping build the centre here for yapa.’

Willowra learning Community Centre Despite the ongoing impact of community conflict on all services in Willowra, the residents continue to see the centre as a valuable and neutral learning place. Enrolments were taken in Certificate I Educational Skills Development; Certificate I Visual Arts; Certificate I in Business; and Certificate II in Business.

A unique WETT-funded mapping project started at the centre in June 2014. Senior traditional owners received support from the CLC to develop a map that identifies their country along the Lander River between the Mt Denison and Coniston pastoral leases in the south and Lake Surprise in the north. The completed map will be displayed in the cultural storage area of the centre to teach others, including children.

nyirrpi learning Community Centre The Nyirrpi centre has become a pillar of the community. It is well used for both formal training and personal business with educational elements, such as internet banking and downloading content. Formal training was offered in Certificate II in Aboriginal and Torres Strait Islander Arts; Waltja Money management training; Certificate II in Business studies; Learner Driver Training; and Conservation and Land Management tutoring.

One of the highlights was a student’s graduation from the Certificate II in Aboriginal and Torres Strait Islander Arts at a ceremony in Alice Springs. Informal training opportunities included arts training through the Warlukulangu Art Centre, and other art and craft activities offered by visiting service providers WVA and the Willowtree Foundation.

lajamanu learning Community Centre The Lajamanu centre continued to develop as a cherished community space. The graduation of two students from the Certificate I in Business was a key achievement. The centre has also helped place local Aboriginal people in paid employment as coordinators, project officers, cleaners and grounds and maintenance staff. It also provided formal training in Certificate I in Education Skills Development; Certificate I and Certificate III Children’s Services; Certificate II in Language, Literacy and Numeracy; Certificate I in Business; Certificate II in Conservation & Land Management; Certificate I in Visual Arts; Interpreter training; and Learner Driver training.

Locals also use the centre for banking, emailing, tax, internet, ochre cards, ‘young mums’ sessions, animation and media, culture and language learning, developing resumes and filling out forms.

y uendumu learning Community Centre WYDAC, BIITE and the CLC (on behalf of WETT) planned to combine the Yuendumu Big Store College and WYDAC’s new purpose-built learning centre facility under the umbrella of a new Yuendumu Learning Centre. Kurra’s WETT directors approved the plans, as well as two years of funding for the centre. The three-way partnership arrangement starts in July 2014.

TanaMi Dialysis suppor T

proJeCT The CLC continues to oversee the implementation of the Tanami Dialysis Support Service Project on behalf of the Kurra Aboriginal Corporation. It monitors funding agreements and reports regularly to Kurra. Managed by the WDNWPT Aboriginal corporation, the project provides much needed health services to kidney patients in Yuendumu, Lajamanu and surrounding communities and outstations. It also supports Warlpiri patients in Alice Springs, Katherine and Darwin. During this year 43 of them returned home for dialysis and received critical social support services while in Darwin and Alice Springs.

THe graniTes Mine affeCTeD area aBoriginal Corpora Tion

(gMaaaC) proJeCT GMAAAC continues to apply all ‘affected area’ monies from The Granites gold mine to community benefit, in accordance with the corporation’s rules. The CLC implements comprehensive community development processes to facilitate this. At the same time it builds strong Aboriginal governance. Staff worked closely with the nine GMAAAC communities to develop subprojects and support committees with the difficult task of deciding how to allocate available funds. GMAAAC initiatives improve housing, health, education, essential services, employment and training, as well as promote Aboriginal self-management.

A wide variety of projects were delivered across communities, such as school holiday activities in Willowra that incorporated computer literacy and healthy food preparation. Willowra’s GMAAAC committee also funded an after-school project that successfully increased school attendance. The Lajamanu GMAAAC committee finalised a

80 CLC ANNUAL REPORT 2013-14

Tanami roadhouse business feasibility study and the Yuendumu committee funded PAW Media to produce Warlpiri documentaries on culture, history, and health while also training Aboriginal staff.

Following completion of cemetery fencing, the Yuendumu GMAAAC committee funded a local contractor who employed Aboriginal residents to build a shelter and install water tanks at the cemetery. Project participants are increasingly looking for employment outcomes and GMAAAC-funded initiatives often include local Aboriginal employment.

All nine affected communities chose and planned projects with their GMAAAC income. With total funds decreasing significantly from the previous year’s $2,410,369 to $1,081,283, each committee worked hard to prioritise community initiatives. Between them, the nine committees funded 66 community benefit sub projects.

The CLC also continued to support the implementation of the 74 projects funded in 2012 that are still in progress. This entailed the authorisation of payments and working with recipients to ensure submission of reports and financial acquittals.

nT p arKs renT Money proJeCT The NT Parks Rent Money project is now in its fourth year and involves 16 Aboriginal groups across the CLC region. In 2010, the Council passed a resolution that all rent and income for the 16 national parks handed back by the NT Government be used for community benefit projects.

The CLC held 29 planning and decision-making meetings with the traditional owners and their governance groups for the NT Parks Project. This resulted in $339,480 being approved for eight subprojects.

While most aim to upgrade outstation infrastructure to enable traditional owners to access their homelands, some have also created employment opportunities. For example, the owners of the Iyltwelepentye (Davenport Range) National Park plan to turn Hatches Creek outstation into a regional base for land management work for their young people.

One group of the East MacDonnell Ranges National Parks worked with the CLC to improve Uluperte outstation. It funded a 7.5 kilowatt solar power system and street lights to ensure a sustainable power supply and plans further improvements at Uluperte.

CoMMuniTy lease Money proJeCT The CLC’s largest community development project, the Community Lease Money project, invests rent and compensation payments for the compulsory five-year leases taken out during the Northern Territory Emergency Response (NTER) and income from other leases for community benefit in 31 locations across the CLC region. Projects planned and prioritised by Aboriginal people are now being implemented in many communities as a result of the decisions made by traditional owners and the Council in 2012 and 2013.

The second year of this major regional project saw CLC staff supporting community and working groups with project planning and effective governance. Consultations were conducted at 113 community and working group meetings. As a result, a further 10 communities formed governance groups and agreed on decision making processes.

Funding decisions were made for 97 projects totalling $5,614,519 across 24 communities. Implementation of projects started in 20 communities, and the CLC entered into a further 41 funding agreements. Four projects were completed, including a church renovation in Epenarra and an interstate school excursion in Haasts Bluff.

Communities developed and funded projects with a broad range of cultural, economic and social outcomes. Local Aboriginal employment in areas like construction, media production and childcare was a feature of many project plans. The Ntaria emergency UHF beacon will connect emergency service providers for the first time and will improve safety for residents and tourists. Health benefits will also ensue from Yuendumu’s decision to fund an extension of their renal unit, and Alpurrurulam’s contribution to a PowerWater Corporation project to soften the existing water in the short term and provide an alternative water supply down the track.

Many communities have invested their lease money in initiatives such as music studios, media projects and sports facility upgrades. Aboriginal people are looking to support education and school attendance through initiatives such as school excursions, childcare and school transport. Papunya community, for example, funded a minibus to take students from three outstations to and from school, while Ali Curung is implementing a wi-fi access subproject that encourages school attendance.

81 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 4

neW CoMMuniTy DevelopMenT proJeCTs The traditional owners for the new Twin Bonanza mine near the West Australian border have allocated a quarter of their future royalties to the Twin Bonanza CD project. Their decision followed numerous consultations with the group about investing some of their future income in community benefit. As most members of this group live in the far northwest Tanami Desert of WA, the design and roll out of this project is challenging. Relocating a CD officer to Lajamanu in the course of the CD program restructure to regional teams aims to assist with the future delivery of this project.

The CLC initiated a second new project after members of the Wangarri-Kari Aboriginal Corporation, a corporation that has received mining royalties from the currently non-operational Chariot and Malbec mines, allocated $393,700 for community benefit. The group has used some of the funds invested over the life of the mine to fund three funeral projects to assist with the cost of burials for traditional owners. It also made significant progress in planning several outstation infrastructure upgrades, as well as projects that support education and the maintenance of culture.

The CD program continued to work with two groups who are using relatively modest exploration compensation income for community benefit. Although setting up governance arrangements and planning processes is resource intensive, the CLC anticipates that achieving tangible community benefit outcomes with this income will increase the likelihood of both groups directing more significant future royalties to community benefit as well.

The Nolan’s Bore Mine CD project commenced following a decision by the traditional owners to allocate $360,000 of mining exploration compensation to community benefit. They agreed on governance arrangements and elected a working group to plan how to best use this income.

Further progress was also made on the Rover Mine CD project with plans completed and contracts in place for the upgrade of three outstations using $150,000 of exploration compensation.

Consultations with affected communities and traditional owners over the stalled Railway Community Development Fund Program also resumed. The compensation fund was established under the Alice Springs to Darwin Railway corridor agreement to address the infrastructure needs of affected communities. The CLC resolved all issues with the NT Department of Justice, negotiated the

release of remaining funds to enable completion of all projects over the next 12 months, and consulted with 16 communities to identify eligible infrastructure projects.

Twelve outstations and land trusts also received support with infrastructure, essential services and equipment outside the CD program, and the CLC prepared five traditional owner identifications for community development and infrastructure support activities.

In the continuing absence of appropriate levels of resource support for the community development aspirations of traditional owners in remote areas, the CLC’s land management section and regional office staff provided advocacy and other assistance on a range of matters relevant to the infrastructure, essential service and equipment needs of outstations on Aboriginal land and CLAs to the following areas:

• Akanta ALT (Henbury locality): assisted the Akanta Aboriginal Corporation to address the conditions of a successful ABA application for the purchase of a community truck

• Angas Downs PL: prepared an ABA application for installation of a solar bore pump at the Angas Downs ranger station

• Athenge Lhere ALT: represented traditional owners in discussions with Ingkerreke Outstation Resource Centre and the neighbouring Bond Springs pastoralist in resolving the issue of access to a reliable water supply for 16 Mile outstation

• Karlantijpa South ALT: identified infrastructure needs and actions required to support the reoccupation of Jarra Jarra outstation by traditional owners resident in Ali Curung, and advocated with the Barkly Shire regarding grading of the Jarra Jarra road, community infrastructure maintenance and the long-standing Yapa track proposal

• Mpwelarre ALT (Mt Peachy): assisted community residents with an ABA funding application for community fencing work at Walkabout Bore outstation

• Mpweringe-Anarpipe ALT (Yambah locality): traditional owner consultations took place about the proposed demolition and salvage of infrastructure at the former Harry Creek East outstation, abandoned due to placement of the Alice Springs to Darwin railway

• Mungkarta ALT: assisted residents of the Nguyarrmini community to progress replacement of the community water tank

• Partta Lands (Tennant Creek locality): liaised with Julalikari Council regarding repairs to the community bore at Wiitin outstation

82 CLC ANNUAL REPORT 2013-14

• Pmere Nyente ALT: coordinated asset protection activity at Uluperte outstation with traditional owners and the Ltyentye Apurte (Santa Teresa) Rangers

• Ulpanyali CLA (Watarrka National Park): assisted residents to plan the construction of internal and external fencing requirements at the Ulpanyali outstation and identify potential funding sources

• Uruna ALT: assisted in the preparation of an ABA application for the connection of mains power to West Waterhouse outstation

• Wetengerr CLA (Epenarra): gave technical advice and logistical support for dust suppression and landscape enhancement works to the surrounds of the new community church at Epenarra.

Traditional owner and affected community consultations were also undertaken on the use of negotiated income payments derived from a range of lease and other agreements over Aboriginal-owned land for community development purposes. These included:

• park rent money consultations with traditional owners of Watarrka National Park, Judburra National

Park, Yeperenye / Emily-Jessie Gap Nature Park and Heavitree Gap extension and Dulcie Ranges National Park • resumption of consultations with affected

communities and traditional owners in the Tennant Creek, Central and Alice Springs regions over use of funds from the stalled Railway Community Development Fund Program, a compensation fund established under the Alice Springs to Darwin Railway corridor agreement to address identified infrastructure needs of affected Aboriginal communities. In this period the CLC:

- resolved all issues with the NT Department of Justice to reactivate the program, including reporting again on project outcomes and expenditure to date

- negotiated the release of remaining funds to the CLC to enable completion of all projects over the next 6 to 12 months

- conducted consultations to identify eligible infrastructure projects at 16 affected communities.

Pouring the slab for the Epenarra church extension - one of the community lease money projects completed in 2013.

83 CLC ANNUAL REPORT 2013-14

output GRoup 1 output GRoup 5

ouTpuT

5.2 aDMinisTer lanD TrusTs

5.3 DispuTe resoluTion

Enhanced social, political and economic participation and equity for Aboriginal people in the Central Land Council’s area as a result of the promotion, protection and advancement of their land rights, other rights and interests.

ouTCoMes

ADMInIStRA tIon & SuppoRt SeRvICeS

5.1 DisTriBuTions

The Central Land Council aims to provide Aboriginal landowners with information, advice and support to enable them to manage their land in a sustainable and productive way.

O u t p u t g R O u p 5

83 CLC ANNUAL REPORT 2013-14

84 CLC ANNUAL REPORT 2013-14

All payments received by the CLC with respect to third party use of Aboriginal land are deposited in its Land Use Trust Account. Funds from that account are distributed only in accordance with a decision or determination of the Council.

As a matter of policy the CLC has, for many years and with few exceptions, distributed funds from that account to Aboriginal associations now incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (the CATSI Act). Funds received pursuant to s.64 (3) must be paid to an association.

During 2013-14, subject to a special Council resolution, a portion of monies received from the Commonwealth for five-year NTER rent and compensation was also distributed. The CLC prepared 31 traditional owner identifications or other advice. The ongoing distribution of the five-year lease compensation demanded a significant investment of resources. The work involved confirming existing traditional owner information, providing advice at meetings and negotiating about the distribution of these monies.

Pursuant to s.35C, recipient associations are required to provide the CLC with their financial statements and a written report containing the information specified by the section.

There is no statutory mechanism for the CLC to enforce these reporting requirements other than where payments have been made to an association pursuant to a determination. However, financial statements are publicly available on the Office of the Registrar of Indigenous Corporations (ORIC) website.

Once the funds have been distributed by the CLC to the recipient associations, the CLC’s Aboriginal Associations Management Centre (AAMC) assists the associations with the administration of their corporate and accounting obligations under the CATSI Act, distribution of funds or benefits to or on behalf of their members.

Associations may engage the services of the AAMC on an opt-in basis, subject to agreement on cost recovery

arrangements. The CLC’s ongoing role with each association is the subject of a letter of engagement that is confirmed at their annual general meeting.

peRfoRMAnCe Details of compliance to the CATSI Act and governance are provided below.

Annual general meetings and committee meetings held and income distribution instructions taken

36

Entities independently audited prior to annual general meetings 33

Corporations’ statutory financial statements to be lodged with ORIC 30

Corporations closed Nil

Corporations relocating to another administration Nil

General reports lodged

Membership lists of all associations updated and also forwarded to ORIC as a part of the general report submission

All required signed chairperson and directors reports forwarded to the Registrar along with audited accounts (submitted with general report)

33

ABoRIGInAl ASSoCIAtIonS MAnAGeMent CentRe (AAMC) The AAMC provides administration, accounting, consultation, secretarial, compliance and corporate governance services to incorporated associations that negotiated compensation and other payments arising from the application of the Land Rights Act and the Native Title Act.

The associations are required to convene annual general meetings and to make decisions about the distribution of funds to or for the benefit of their members.

Output 5.1 DIStRIButIonS Administer and distribute statutory, negotiated and other payments as appropriate to the traditional owners and other clients of the Central land Council.

85 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 5

AAMC helps associations to convene their meetings, to maintain an up-to-date register of members (seeking anthropological advice where appropriate), and will administer the funds of the association on its behalf in accordance with the decisions made at the AGM. The AAMC has proven that it is cost effective in providing its services to associations.

Association meetings are usually held at the communities where the majority of members reside, and AAMC staff attend those locations to assist in the conduct of the meetings. The CLC provided assistance to 34 associations.

AAMC also ensures that all associations are GST compliant, arranging all tax and BAS returns as required, as well as the annual audit of each association.

The eight AAMC staff assisted associations to convene 33 AGMs and 70 committee and sub-committee meetings.

In cases of disagreement within the association concerning the allocation of an association’s funds, among the members over eligibility for membership or even whether a proposed transaction is permitted by the rules of the association, AAMC is able to call upon the services of other parts of the CLC such as the mining, anthropology or legal sections, and where necessary or appropriate, relevant CLC personnel from those areas will attend a meeting to assist the members.

In addition to the administrative assistance it provides to associations, AAMC has been requested to administer funeral funds that are allocated to the CLC from the ABA. These funds assist with funeral outlays. During this year funding assistance was provided for 208 funerals.

australian securities and investment Commission • Performed for three incorporated companies. • Income distribution

land rights act • Pursuant to the rules of corporations, AGMs and committee meetings were convened to provide income distribution instructions.

native title • Five distribution meetings were held for native titleholder groups.

leasing • Five leasing distribution meetings were administered by AAMC.

Leasing continues to generate a significant amount of income for traditional owners. Leasing monies that traditional owners have instructed to be directed towards community development have continued to be given effect immediately, enabling communities to incorporate the additional funds into their plans and priorities. Due to the enormous additional effort for CLC staff to conduct leasing income distribution meetings on top of existing royalty distribution processes and to allow time for disputes which had arisen in communities as a result of previous distribution meetings, the Executive decided in September 2013 not to schedule any further meetings for the purpose of distributing leasing monies until after 30 June 2014.

86 CLC ANNUAL REPORT 2013-14

standing unauthorised mustering and boundary encroachment issues. Despite the CLC’s function to administer these land trusts the Minister subsequently judged the application to be unsuccessful, requiring an ‘alternative provider’ to be identified for the activity.

ABoRIGInAl lAnD tRuStS In tHe ClC ReGIon Akanta ALT

Ahakeye ALT

Aherrenge ALT

Akekarrwenteme ureyenge ALT

Alkeperre-Atwarte ayepe-Arenye Arleye ALT

Alatjuta ALT

Alyawarra Land Trust

Alkwert ALT

Amoonguna ALT

Anatye ALT

Angarapa ALT

Ankweleyelengkwe ALT

Anurrete ALT

Apatula ALT

Arnapipe ALT

Arltunga ALT

Arletherre ALT

Athenge Lhere ALT

Atnetye ALT

Atnerrperrke ALT

Atwengerrpe ALT

Ayleparrarntenhe ALT

Bilinarra-Jutpurra ALT

Central Desert ALT

Daguragu ALT

Erlterlapentye ALT

Haasts Bluff ALT

Hooker Creek ALT

Iliyarne ALT

Ilparle ALT

Inarnme ALT

Irlwentye ALT

Irrinjirrinjirri ALT

Aboriginal land is formally held by land trusts; that is, Aboriginal people who hold the title for the benefit of all the traditional owners and people with traditional interests in the land. Aboriginal Land Trusts (ALTs) are statutory entities and usually consist of a chairperson and not less than three members who hold office for periods not exceeding five years. ALT members are usually drawn from among traditional Aboriginal owners of the land held in trust.

The functions of a land trust are to hold title to land, exercise powers to acquire, hold and dispose of real and personal property for the benefit of the traditional landowners, and where land is granted in a deed of grant held in escrow, to acquire the estates and interests of other persons with a view to gaining the delivery of the title to the land trust.

A land trust may only deal with the land as directed by the land council, and such directions are provided only after identification of, and consultation with, the traditional owners and on the basis of their informed consent.

To assist ALTs the CLC:

• responded formally to recurring unauthorised grazing of Phillip Creek station cattle on the Warumungu ALT (Mission block) to ensure removal of stock and formulated a strategy to address any future recurrence

• responded to traditional owner concerns regarding unauthorised grazing, mustering and camping on the Pmere Nyente ALT (Northwest Simpson Desert locality) by adjoining pastoral interests and their contractors

• represented the concerns of traditional owners of the jointly managed Davenport Ranges National Park (Itywelepenty ALT) in internal and stakeholder meetings in relation to the unauthorised mustering by the Kurundi lessee within the park and adjoining Aboriginal land. Letters outlining legal responsibilities under the Livestock Act and Aboriginal Land Rights (NT) Act were sent to all stakeholders

• addressed Ministerial queries regarding project management and employment outcomes of an ABA application submitted for funding to fence the boundary between Kurundi station and the Warumungu and Anurrete ALTs to address long-

Output 5.2 ADMInISteR lAnD tRuStS

continued on p.88 ➔

87 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 5

0 50 100 150 200 25

Kilometers

Projection: Geographic, Datum: GDA94

1:6,000,000 (at A4 Page Size)

N

Legend NT Border Sea ALT Pastoral Lease Vacant Crown Other

Map Number: 2014-190a

Produced 15/09/2014 © CLC 2014

DATA SOURCES: This map incorporates data which is © Commonwealth of Australia, Geoscience Australia 2006. DPI & DPIFM, NT Govt; Geoimage; AAPA; CLC.

LAND TENURE IN THE CLC REGION 2013-14

continued on p.88 ➔

88 CLC ANNUAL REPORT 2013-14

Warti-Yangu ALT

Warumungu ALT

Warumungu ALT

Warumungu ALT

Warumungu ALT

Watarrka ALT

Wirliyajarrayi ALT

Yalpirakinu ALT

Yewerre ALT

Yingualyala ALT

Yiningarra ALT

Yuendumu ALT

Yunkanjini ALT

Yurrkuru ALT

Irrmarne ALT

Irterrkewarre ALT

Iwupataka ALT

Kanttaji ALT

Karlantijpa North ALT

Karlantijpa South ALT

Katiti Land Trust

Lake Mackay ALT

Lhere Pirnte ALT

Ltalaltuma ALT

Mala ALT

Malngin 2 ALT

Malngin ALT

Mangkururrpa ALT

Melknge ALT

Mount Frederick ALT

Mpwelarre ALT

Mpweringe-Arnapipe 2 ALT

Mpweringe-Arnapipe ALT

Mt Frederick No.2 ALT

Mungkarta 2 ALT

Mungkarta ALT

Ngalurrtju ALT

Ntaria ALT

Pantyinteme ALT

Pawu ALT

Petermann ALT

Pmer Ulperre Ingwemirne Arletherre ALT

Pmere Nyente ALT

Purta ALT

Pwanye ALT

Pwanye No.2 ALT

Rodna ALT

Roulpmaulpma ALT

Rrurtenge ALT

Santa Teresa ALT

Thakeperte ALT

Thangkenharenge ALT

Tyurretye ALT

Uluru-Katatjuta ALT

Uretyingke ALT

Uremerne ALT

Urrampinyi Iltjiltjarri ALT

Uruna ALT

Wakaya ALT

Wampana-Karlantijpa ALT

Warrabri ALT

Aboriginal land trusts in the CLC region continued

89 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 5

Output 5.3 DISpute ReSolutIon Assist in the resolution of disputes with respect to land as appropriate.

There were no formal conciliations pursuant to s.25 of the Land Rights Act, although a request for assistance mediating a dispute between siblings was made under this provision. As the matter was not strictly a dispute with respect to land the CLC offered an external mediation to the complainants. The offer was not taken up.

The CLC assisted in respect of the Athenge Lhere ALT regarding traditional ownership issues and a request for a living area lease, and convened one significant meeting of traditional owners and affected Aboriginal people.

The CLC also contributed advice and assistance to informally resolve disputes relating to the distribution of the five-year lease compensation income.

There have been no major disputes relating to overlapping native title claims and the CLC did not enter into alternative procedure agreements. In anticipation of future disputes, the CLC assists staff to develop negotiation / mediation skills. The CLC believes that building the capacity and commitment of Aboriginal people to prevent and manage their own disputes is fundamental to the achievement of Aboriginal self-determination. Dispute management is critical to building strong Aboriginal governance at regional, local and organisational levels. The following principles seek to recognise the importance of dispute management in progressing aspirations for more effective Aboriginal governance and practical expressions of self determination:

• empower Aboriginal groups, families and individuals to identify and manage their own disputes • reduce reliance on the CLC or any external parties in relation to mediating disputes • ‘wait to be asked’ to assist but then be able

to respond in a consistent and timely manner, recognising that a timely response can lessen the likelihood of exacerbation of a dispute • recognise that disputes are nested in systems and structures, meaning that numerous external parties and factors are likely to be causing or exacerbating disputes • recognise that getting the decision making processes of the group right is a major preventative measure • engagement processes should do no harm

• CLC support is conditional on parties demonstrating a commitment to managing a dispute and the CLC may withdraw ongoing support, services and resources where parties are not committed.

The CLC has been developing a strategy on dispute management reflecting the above principles, and expects this will be finalised in the next reporting period.

90 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 6

output GRoup 6

Enhanced social, political and economic participation and equity for Aboriginal people in the Central Land Council’s area as a result of the promotion, protection and advancement of their land rights, other rights and interests.

ouTCoMes

nAtIve tItle The Central Land Council aims to provide Aboriginal land owners with information, advice and support to enable them to manage their land in a sustainable and productive way.

91 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 6

These rights and interests are called ‘common law’ Indigenous property rights and were recognised by the High Court in the Mabo judgment in June 1992 and were made into legislation in 1993. The High Court’s subsequent Wik judgment (December 1996) further determined that native title could coexist with other rights on land held under a pastoral lease.

While native title recognises that Indigenous people have traditional rights to speak for country, to protect sites and to be consulted regarding developments on their land, it does not give Indigenous people ownership of the land in the same way as the Aboriginal Land Rights (Northern Territory) Act 1976 (the Land Rights Act) does.

THe ClC’s na Tive TiTle prograM In 1994 the CLC became a recognised native title representative body (NTRB) for Central Australia under s.203 of the Commonwealth’s Native Title Act 1993. In that capacity the CLC has statutory functions to facilitate and assist native title holders to make native title applications, respond to proposed Future Acts and negotiate agreements, and to resolve disputes between groups. In 2012-13 the former minister for Aboriginal and Torres Strait Islander Affairs granted CLC re-recognition as an NTRB for a maximum of two years to 2015.

The CLC continued to certify applications for native title determination and applications for registration for Indigenous land use agreements (ILUAs) in a timely manner. Native title determinations and ILUA applications are presented to the Council or the CLC Executive before going to the National Native Title Tribunal (NNTT) for registration.

The CLC has 19 native title funded positions located in various sections and engaged nine consultants to work on native title activities. Each consultant possessed the required qualifications and expertise relevant to their contract.

naTional na Tive TiTle CounCil The CLC has been a member of the National Native Title Council (NNTC) since its inception in 2005 and continued to play an active role in the council. It contributed to NNTC submissions, discussions and joint NNTC / Minerals Council of Australia forums. It also contributed to representations to government on matters of national importance such as the review of the Indigenous Land Corporation and Indigenous Business Australia, the Indigenous Jobs and Training Review, Australian Charities and Not for Profit Commission Repeal Bill, and Native Title Policy Position Statement for the incoming government.

naTive TiTle ConsenT DeTerMina Tions napperby station In July 2013, at a special sitting of the Federal Court at the Laramba community living area, Justice Reeves handed down a determination by consent of non-exclusive native title over nearby Napperby Pastoral Lease (PL). The determination recognises the rights and interests of the Anmatyerr and Arrernte native title holders whose country includes Napperby Station. The current lessees will continue to operate Napperby as a pastoral lease and the native title holders’ rights will co exist with the rights of the pastoral leaseholders.

The original native title application was filed with the court in 2005 as a result of a mining company being granted an exploration licence over an area of important cultural significance to the Alherramp / Rrweltyapet, Ilewerr, Mamp / Arrwek, Tywerl, Arrangkey, Anentyerr / Anenkerr and Ntyerlkem / Urapentye estate groups on the station lease. The native title holders were anxious to protect these areas of high significance and instructed CLC to lodge a native title application over the area. This application was withdrawn in March 2011 and replaced with a new native title application over the whole of the pastoral lease.

Output 6 nAtIve tItle native title is the legal term used by the Australian High Court to describe the rights and interests that Aboriginal people have over their lands since long before european settlement of Australia.

92 CLC ANNUAL REPORT 2013-14

The Alherramp Illewerr Mamp Arrangkey Tywel Aboriginal Corporation was registered as native title body corporate in August 2013.

Mt Doreen Also in July 2013, Justice Reeves handed down a native title consent determination at a special sitting of the Federal Court at 8 Mile Bore on Mt Doreen Station. The determination recognises the non-exclusive native title rights of the Jiri / Kuyukurlangu, Kumpu, Kunajarrayi, Mikanji, Pikilyi, Pirrpirrpakarnu, Wantungurru, Wapatali / Mawunji, Warlukurlangu, Yamaparnta, Yarrpiri and Yarungkanyi / Murrku estate groups of the Ngaliya Warlpiri people.

The court’s determination recognises the group’s

traditional rights to access, camp, live on and use the land and its resources, its responsibility to protect and care for sites and to regulate the land’s access and use by others. These native title rights will co exist with the rights of the pastoral leaseholders.

The original native title application was filed in 2005 and registered in respect of a portion of Mount Doreen perpetual pastroal lease to deal with mining Future Acts relating to three exploration licence applications where the target mineral was uranium.

This application was withdrawn by consent in October 2011 and replaced with a new application over the whole of Mt Doreen PPL, filed in October 2011 and registered with the NNTT. The NTA was subsequently amended due to the death of a named applicant.

Mt Doreen Native Title Consent Determination, July 2013. (Photo: Frances Claffey)

Native Title holders, CLC Staff, Federal Court and NT Government officials at Kalkarindji Native Title Consent Determination, May 2014.

93 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 6

Bushy Park PPL covers an area of some 1,695 square kilometres and will continue to run as a cattle grazing property with the native title holders’ rights co existing with the rights of the pastoral leaseholders. The Akwerrperl Aboriginal Corporation was registered as a native title body corporate in June 2014.

CoMpensa Tion appliCa Tions

Where possible the CLC seeks to deal with compensation matters by negotiating outcomes. When deemed appropriate and instructed by native title holders, the CLC will seek to secure compensation for acts resulting in the extinguishment or impairment of their native title rights and interests. No new native title compensation applications were lodged with the NNTT.

The Ngalyia Aboriginal Corporation was registered as the native title body corporate in July 2013.

Kalkarindji township In May 2014 the Federal Court sat in Kalkarindji to hand down a determination of native title by consent over the Kalkarindji township, in favour of the local Gurindji people and their prescribed body corporate (PBC), the Gurindji Aboriginal Corporation.

The determination recognises exclusive possession of native title rights over the large areas of the township where no building had occurred. The CLC entered into an ILUA with the NT Government which provided for the extinguishment of native title over certain agreed areas together with compensation for the native title holders.

The town of Kalkarindji is surrounded by the Daguragu Aboriginal Land Trust. The resolution of the native title claim provides for areas which could not be claimed under the Land Rights Act and gives tenure certainty for the town’s future growth.

Bushy park Also in May 2014, the Federal Court held a special sitting at Edwards Creek on the Bushy Park perpetual pastoral lease (PPL). The Bushy Park PPL Native Title determination application was filed with the Court in December 2012. With the consent of the NT Government less than a year and a half later, Justice White handed down a non-exclusive consent determination recognising the native title rights of the Ilkewarn, Atwel / Alkwepetye and Ayampe people, the traditional landholding groups of the lease area.

A Group of Native Title Holder Women gathered with Justice White at Bushy Park for the Native Title Consent Determination, May 2014.

Celebrating the Native Title Consent Determination with Cake! Bushy Park Native Title holders and Justice White (second left) at Edwards Creek Station in May 2014.

94 CLC ANNUAL REPORT 2013-14

ClaiManT appliCa Tions The CLC pursues native title determinations that will achieve recognition and protection of native title rights and deliver outcomes that are important to native title holders. The CLC had a total of seven active native title claimant applications registered with the NNTT. It undertook 71 meetings and consultations relating to native title applications and made significant progress in anthropological research, preparation and delivery of consent determination reports.

The CLC completed 27 native title holder identifications in preparation for meetings where the native title holders considered ELAs and EPAs, as well as for other purposes. It also provided advice and logistical assistance at those meetings and reported on the validity of the native title holder instructions received.

Anthropological reports were completed for the Aileron application and additional research or assistance was provided for the Rainbow Valley, Phillip Creek, Mt Denison, Sandover and Narwietooma applications. Anthropological work on eight claims not yet lodged and registered as applications was also progressed. They concern Mt Riddock, Henbury, Huckitta, Mt Cavanagh, Victory Downs, Wave Hill and Limbunya.

neW appliCa Tions Mt Denison ppl (nTD27 / 2013) A new native title application (NTA) was filed in December 2013 and registered with the NNTT in April 2014. Mount Denison PPL is bounded by Coniston PPL to the east and Aboriginal Land Trust (ALT) lands on all other sides.

aileron ppl (nTD08 / 2014) New whole-of-lease application filed in March 2014. NTA covering Nolan’s Bore on Aileron PPL will be pursued to maintain the right to negotiate with the matter currently at hand.

new Crown / andado ppls (nTD20 / 2014) An application was filed in June 2014 covering New Crown and Andado perpetual pastoral leases, located in CLC’s Southern Region.

aMenDeD appliCa Tions stirling (nTD17 / 2011) Following further research, an amended NTA was filed in September 2013 to reflect a change to the composition of the claim group and other minor amendments.

finaliseD / WiTHDra Wn appliCa Tions As mentioned above, the Napperby, Mt Doreen, Kalkarindji Township, and Bushy Park matters were finalised through consent determination. Two NTAs were withdrawn as part of negotiated settlements:

patta (nTD6004 / 2003) The NTA was withdrawn as part of a negotiated settlement with the Commonwealth and NT governments, which includes the surrender of native title land from Patta Aboriginal Corporation in return for the grant of freehold title under the Land Rights Act.

Dulcie ranges (nTD6034 / 2002) The NTA was withdrawn as part of a negotiated settlement with the NT Government which included the grant of freehold title and CLA under the Land Rights Act, and the lease of the area to NT Government together with joint management of the park.

CurrenT appliCa Tions

Matters relating to the Sandover NTA were in the process of being finalised. A consent determination is scheduled for October 2014. The CLC had anticipated that matters relating to Stirling were similarly resolved, however as at the end of the reporting period the NT Government was yet to respond to the proposed compensation package.

The anthropological report and material in respect of the new Aileron NTA was finalised and lodged with the NT Government. Research was completed for Philip Creek, New Crown / Andado, Mt Riddock, Limbunya and Wave Hill and draft anthropology documents prepared.

Provisional consent for an NTA over Rainbow Valley National Park and tenure history has been received from the NT Government, but the CLC is still awaiting consent to file the application.

stirling and neutral Junction (nTD17 / 2011) An application was filed in July 2011 and registered in respect of the whole of Stirling PPL and the remainder of Neutral Junction PPL (not covered by the existing native title determination). There is a history of mining and exploration interest and activities on and near the claim area and traditional owners instructed the CLC to pursue a native title claim in order to protect sites and secure their right to negotiate over any future exploration or mining. The NT Government indicated

95 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 6

it would be satisfied with an abbreviated anthropology report and the existence of two successful land claims nearby further supported the viability of a quick resolution of this claim.

An amended NTA was filed in September 2013 with a change to the composition of the claim group and other minor amendments. The CLC is still waiting to hear from the NT Government regarding the compensation proposal for which final instructions will be required.

aileron (nolan’s Bore) (nTD20 / 2007) Arafura Resources currently holds an exploration licence near Nolan’s Bore on Aileron PPL and has conducted an intensive exploration program in this area. The company announced the discovery of a ‘significant’ deposit of rare earth oxide and phosphate at Nolan’s Bore and, more recently, announced a deposit of uranium as well. The company applied for a mineral lease and has entered into an agreement with the CLC including compensation to be calculated on a percentage basis of the company’s in-ground expenditure. The NTA was lodged in December 2007 and registered in October 2008.

This NTA was in respect of a small portion of Aileron PPL, close to Nolan’s Bore. However, due to the high level of exploration interest in the area, the CLC decided to pursue a whole-of-lease NTA over Aileron PPL. In order to retain the native title holders’ rights to negotiate, this NTA will be pursued in conjunction with the new Aileron NTA and an application to the court may be made to combine both applications in the future. Desktop research has commenced and the matter is in case management with the Federal Court registrar.

sandover (incorporating Derry Downs, Murray Downs, elkedra and ammaroo ppls) (nTD6069 / 2001) The NTA was lodged in response to mining and horticultural Future Acts. All documents were lodged with the NT Government in March 2011. It accepted that the connection report and other materials supplied by the CLC established that the landholding groups listed hold native title over the application area. A consent determination was anticipated in 2012-13 and the Alyawarr Awenyerre Aperte Ingkerr-Wenh Aboriginal Corporation was established to be the PBC in anticipation of the determination. However, outstanding issues in relation to the applicant’s claim of s.47B over the former stock routes and stock reserve; incorporation of these areas into the PPL; compensation payable and agreement from the pastoralist to enter into the proposed concurrent

ILUA for the former stock route caused delays. Most issues between parties were agreed and a consent determination is expected in October 2014.

narwietooma (nTD6 / 2013) The Glen Helen NTA covered parts of the adjoining Narwietooma PPL and other PPLs, and was later renamed ‘Narwietooma’ by order of the Federal Court. In June 2011 the CLC received instructions to pursue an NTA over the whole of Narwietooma PPL. The Narwietooma whole of lease NTA was filed in May 2013. The application was filed and registered in response to exploration licence applications.

All documents were submitted to the NT Government in 2012-13 and consent negotiations continued. The government’s solicitor requested further evidence and s.47B evidence and the CLC undertook further research in June 2014. It is reviewing the consultant’s draft report.

Mount Denison (nTD27 / 2013) Mount Denison PPL is bounded by Coniston PPL and ALT. There are extensive exploration interests and activities on and near the claim areas. There are sites of cultural and historical significance in the claim area which is associated with events leading up to the Coniston massacre. Traditional owners were therefore eager to pursue an NTA with a view of granting whole-of-lease instructions for the protection of sites. It was lodged in December 2013 and registered in April 2014. Documents were being finalised and will be served on the NT Government.

aileron: whole of lease (nTD8 / 2014) Aileron PPL is bounded by Napperby PPL, Yambah PPL, Bushy Park PPL and Pine Hill PPL. A small portion of Aileron close to Nolan’s Bore is the subject of an NTA filed in 2007 in response to drilling for rare earth oxide and uranium and proposed further works within the ELA (23671) held by Arafura Resources NL. Due to the high level of exploration interest in the area, the CLC obtained instructions to pursue a whole-of-lease application over Aileron PPL. The application was lodged in March 2014 and the anthropology report served on the NT Government. The original NTA (Nolan’s Bore) will be pursued in order to retain the native title holders’ rights to negotiate in respect of the ELA; however, an application to the court may be made to combine both applications in the future.

new Crown / andado (nTD20 / 2014) Since 2007, CLC has been documenting expressions of interest from traditional owners in its southern region, to progress native title claims in that region.

96 CLC ANNUAL REPORT 2013-14

There were 54 Future Act mining and exploration related field trips, meetings and consultations with affected native title holders in this period. In other instances, existing instructions adequately dealt with the application. With all notifications, contact with the applicant was required at some stage of the process. However, an ongoing difficulty in the process is determining whether the application is a genuine exploration proposal or the development of saleable property. Mining officers and anthropology staff carried out numerous other smaller meetings or contacts with individual native title holders for notification or research purposes.

Mining and exploration agreements

native title exploration and mining matters and decisions in respect of the allocation of compensation to native title holders flowing from agreements

Exploration agreements 4

Deeds of assumption 6

Distribution of compensation monies 2

Miscellaneous 1

Total 13

non-mining future acts The CLC undertook 11 ‘Future Acts non-mining’ related field trips, including six consultation / instructions meetings and five site surveys / work area clearances. It also received a s.24K notification in relation to grant of a licence for a proposed gas pipeline corridor through areas of land where native title exists and has commenced preliminary negotiations with the NT Government.

inDigenous lanD use agreeMenTs (iluas) The CLC has implemented a strategy to secure beneficial outcomes for native title holders through negotiated ILUAs and other agreements, including ‘good faith’ agreements under s.31 of the Native Title Act. It has a total of 71 ILUAs registered with the NNTT with a further three awaiting registration.

The CLC executed three ILUAs this year:

• CLC and the NT Government for the surrender and extinguishment over Lots 112(A), 113(A) and 114(A) Harts Range to allow for the construction of government employee housing and compensation arrangements. ILUA filed and awaiting registration.

• CLC and the Power and Water Corporation allowing for the realignment of the power line route on Owen Springs PPL. ILUA sent to NT.

In 2008 the CLC commissioned a scoping study to assess the needs, factors and viability of potential claims in that region and received the consultant’s report in 2009. The report identified traditional owners’ concerns over site protection, impacts of exploration and mining and perception that recognition of native title over pastoral leases enhances access to country. Having considered the recommendations of the scoping study, the CLC took a decision to progress two claims in its southern region: a combined NTA over New Crown and Andado PPLs; as well as a combined application over Mt Cavenagh and Victory Downs PPLs. Work on the latter has also started. The claim area borders on South Australia, with claimants widely dispersed in the cross-border region. Extensive field research commenced in 2010-11 and continued until 2013. Preparation of anthropology documents continued throughout the reporting period and will be served on the NT Government once finalised. The CLC filed the NTA in June 2014. It awaits registration.

fuTure aCTs Mining Future Acts are the largest driver of the CLC’s native title work program and the most resource intensive activity. The number of exploration tenements notified under s.29 of the Native Title Act has fluctuated considerably over recent years and the CLC needs to obtain instructions from native title holders and respond to these notifications in a timely manner.

Administration of ‘Future Acts’ as defined by the Native Title Act is an ongoing high priority for the CLC. During this period it took all reasonable steps to notify native title holders and claimants on Future Acts affecting their native title rights and interests and monitored the NT media on a daily basis. The CLC maintains a register of all applications, relevant timelines and associated tasks and responds to all applicants by outlining the native title process and recommending negotiated agreements.

Mining / exploration future acts

All applications for exploration licences within the NT include a statement from the NT Government that the grant attracts the ‘expedited procedures’ as laid out in the legislation. This determines a process within a strict time limit set by the Native Title Act. The CLC responded to 92 notifications under s.29 of the Native Title Act in 2012-13. Each notification was assessed as to its potential impact on the exercise of native title rights and interests both legally and practically.

97 CLC ANNUAL REPORT 2013-14

O u t p u t g R O u p 6

ooratippra aboriginal Corporation (ooratippra ppl) The CLC assisted the PBC to conduct its first AGM and with compliance matters. It also conducted a site clearance for proposed pastoral works by the lessee of Ooratippra Station.

ilkewartn ywel aboriginal Corporation (pine Hill) The CLC assisted the PBC to conduct its AGM and with compliance matters.

DispuTe resoluTion Through the routine processes CLC adopts it attempts to identify and minimise disputes over land from any initial contact with native title holders. There have been no major disputes relating to overlapping native title claims in the CLC region during 2013-14. In anticipation that disputes may arise in the future, the CLC provides relevant staff with the opportunity to develop negotiation / mediation skills.

alternative procedure agreements The CLC did not enter into alternative procedure agreements during this period.

BoDy Corpora Te agreeMenTs

No body corporate agreements were entered into.

• CLC, NT Government, the Gurindji Aboriginal Corporation and Native Title claimants in respect of an area of the Kalkarindji township. ILUA filed and awaiting registration.

posT -DeTerMina Tion assisT anCe

lhere artepe aboriginal Corporation (alice springs pBC) The CLC continued to participate in discussions and meetings with Lhere Artepe Aboriginal Corporation (LAAC) throughout the reporting period. It provided advice and assistance in relation to joint management of the Alice Springs Telegraph Station Reserve, the proposed expansion of the Alice Springs Waste Facility and options for housing and services to Whitegate, a parcel of Crown land within the determination area over which native title holders have non exclusive rights.

The CLC obtained agreement from FaHCSIA to engage barrister Shane Carroll to provide governance training and support to LAAC. He met with representatives of LAAC in Alice Springs and attended a meeting with members. An AGM was scheduled for November 13 but failed to achieve a quorum. In December 2013, the LAAC board agreed to accept an offer of special administration from ORIC. The CLC met with the administrator for a briefing and to discuss matters for which CLC had been providing assistance to LAAC.

The CLC administered a grant of $75,000 for LAAC from FaHCSIA under the Basic PBC Support program. The funds were directed towards essential operational expenses and LAAC provided CLC with regular written updates throughout the reporting period.

patta aboriginal Corporation (Tennant Creek pBC) The CLC has been receiving and remitting funds to Patta in respect of ILUAs and continues to provide advice and assistance on the implementation of the agreements and models for beneficial usage of compensation monies. The CLC met with key native title holders to provide advice with negotiations over a proposed land lease to a local Aboriginal organisation.

ilperrelham aboriginal Corporation (lake nash) The CLC assisted the PBC to conduct its first AGM and with compliance matters. It received a letter of authority from the PBC agreeing to the Power and Water Authority exploration program to deliver potable water to the community.

98 CLC ANNUAL REPORT 2013-14

DIReCtoR’S RepoRt CoRpoRAte MAnAGeMent

ManageMenT anD aCCounT aBiliTy The ClC practices:

• best practice accounting, financial management, and performance reporting • robust medium- and long-term financial planning • maintenance and development of compliant

accounting and financial management systems • provision of relevant, accurate and timely performance-based management reporting • effective risk management including preparing,

implementing and managing appropriate governance and risk management frameworks and understanding management risk appetite • management of procurement of funds to sustain and advance the CLC strategic and operational plans and performance of statutory functions • administration and monitoring compliance with all statutory regulatory requirements • recruitment, training and development opportunities for staff • the support of Aboriginal corporations in the management and administration of their affairs

The CLC was a body under the Commonwealth Authorities and Companies Act 1997 (the CAC Act) and therefore the financial statements are required to take the form prescribed by the act (Schedule 2), as determined by the minister. The CLC is also a native title registered body within the terms of the Native Title Amendment Act 1998 (the Native Title Act), and various sections of that act apply to financial reporting requirements. The Public Governance, Performance and Accountability Act 2013 has replaced the CAC Act, but the requirements will only apply to the next annual report. The Finance Minister did not grant an exemption to the CLC from any requirements of the Commonwealth Authorities Annual Reporting Orders.

In collaboration with the Office of Indigenous Policy Coordination, the outcomes and outputs framework was approved by the minister. The framework provides a basis for preparing budget estimates and reporting on performance and utilisation of resources. The

CLC management continues to endeavour to extract value from the application of the framework to routine reporting of operational performance. The Corporations (Aboriginal and Torres Strait Islander) Act (2006) also requires additional expanded compliance and governance activity demanding additional compliance resource application.

Ministerial directions There were no directions, general policies or general policy orders issued by the responsible minister for the financial year.

finanCial ManageMenT estimates review The CLC submits estimates of administrative expenditure to the minister on an annual basis. The CLC also makes special ‘additional estimates’ submissions to obtain essential additional resources that arise due to services demand since the original estimates. Once approved, the estimates provide the CLC funding for operational expenses, salaries and wages, and capital expenditure for the financial year. The minister approved approximately $15.3 million of funding from the Aboriginals Benefit Account (ABA). The CLC subsequently submitted an additional estimates request, for various purposes including compliance with protective security and national archives requirements, but the request was denied.

reporting The CLC submitted a half-yearly performance and operations report to the minister in January 2014 to meet its funding agreement and legislative obligations.

The Australian National Audit Office (ANAO) is required by the minister to perform the annual audit of CLC financial statements. The purpose of the audit is for the ANAO to express an opinion as to whether the financial statements give a true and fair view. The financial statements for the year ended 30 June 2014 have been audited and an audit opinion has been issued by the ANAO indicating that the statements are free from material misstatement.

CoRpoRAte MAnAGeMent

C L C OV E R V I E W

99 CLC ANNUAL REPORT 2013-14

C O R p O R at E m a n ag E m E n t

The CLC’s reporting responds to CAC, Financial Management Orders (FMOs) issued by the Finance Minister and Australian Accounting Standards (AAS), including the Australian Accounting Interpretations.

risk management and fraud control During the year the CLC reviewed its Risk Management Plan and Framework based upon advice and support from PwC Risk Assurance during the previous financial year. A risk management plan, including risk assessment and profile and a risk appetite assessment, was approved by the Executive in December 2013.

The CLC again engaged in the annual Comcover Risk Management Benchmarking survey for assessing improvements. The result of the 2014 survey was a score of 5.2, compared to a score of 3.2 in 2013, which represented a substantial improvement attributable to the efforts to finalise a new risk management plan during the year. The improved outcome was rewarded by an increase in the annual premium discount.

The Commonwealth Fraud Control Guidelines applied to all agencies covered by the FMA Act and bodies covered by the CAC Act receiving at least 50% of operational funding from the Commonwealth or a Commonwealth agency. ANAO guidelines provide the basis of better practice approaches for fraud control. The director certified that the required fraud data has been collected and reported as required under the Commonwealth Fraud Control Guidelines 2011. A review of its fraud control guidelines, in conjunction with the audit committee, was last undertaken in 2012-13. It included the requirement for regular maintenance of a fraud incident register on an ongoing basis.

The CLC has developed various internal practices and procedures to ensure appropriate authorisations and financial delegations are in place and for rigorous monitoring and detection of any anomalies, as well as continuous ongoing review. Staff and management of the CLC operate under an instrument of authorisations which documents the appropriate financial delegations and authorities framework. The instrument is reviewed from time to time to take into account changes in the value of money and organisation structure.

A code of conduct prescribes personal and professional behaviour and ethics in the workplace.

The CLC is proud of its positive track record and some procedures have been referred to as best practice in peer organisations and the wider community. In June 2014 the general manager presented the CLC’s

risk management plan to the National Native Title Conference.

Judicial decisions and reviews by outside bodies There were no judicial decisions and reviews by outside bodies.

audit committee The committee comprises three independent members. Bill McAinsh (partner of Deloitte), Danny Masters (lawyer) and Bruce Walker (executive officer and director of the Centre for Appropriate Technology Inc. and chair / director of CAT Projects Pty Ltd.) were appointed to the CLC Audit Committee in 2010. Bill McAinsh resigned in December 2013 due to an international work commitment and was replaced by Adrian Watts CA (corporate director at National Australia Day Council). Bruce Walker is the chair. The committee met three times. It oversees an agreed work plan and audit committee charter aligned to the ANAO Better Practice Guide on Audit Committees 2011.

indemnities and insurance premiums for officers No indemnity against liability has been given by agreement or other means to a current or former officer.

The CLC holds general liability and professional indemnity insurance (which includes directors’ and officers’ liability provisions) with Comcover and, in addition, the compulsory professional indemnity insurance required by the Law Society Northern Territory is held in respect of legal practitioners employed by the CLC. The Comcover premium covers all insurance provided by Comcover and does not specify a specific invoiced amount for general liability and professional indemnity insurance.

other compliance requirements Aboriginal land councils and land trusts are listed in Part I of Schedule 2 of the Freedom of Information Act 1982, and therefore pursuant to section 7 the CLC is deemed not to be a prescribed authority for the purposes of the Act.

No special reports have been made by a Parliamentary Committee, Ombudsman or the Office of the Australian Information Commissioner.

No significant events referred to in s.15 of the CAC Act (requiring notification to the responsible minister) took place during the financial year.

100 CLC ANNUAL REPORT 2013-14

Consultant 2013-14

JEREMY DORE 4,000

KIM MAHOOD 810

LHERE ARTEPE ABORIGINAL CORP 409

MALONEY FIELD SERVICES 2,000

MS MARY ANDERSON 420

NATIONAL AUSTRALIA BANK 103

NATALIE KWOK 7,200

NATIONAL NATIVE TITLE COUNCIL 1,500

NJA CONSULTING PTY LTD 742

NT BUILD 382

PROFESSIONAL ADVANTAGE 2,865

R J HOWELLS PTY LTD 9,516

RAELENE BEALE 3,205

RIGHTSIDE RESPONSE PTY LTD 600

SWEL PTY LTD 1,575

WEBSECURE TECHNOLOGIES PTY LTD 390

ABACAP 250

ABORIGINAL INTERPRETER SERVICE 6,580

ANNA CADDEN 300

CAAMA 750

CENTRAL BUILDING SURVEYORS 370

CSIRO 9,000

DAVID BLACKMAN 300

DAVID MOORE 1,020

DELAROSS CONTRACTING 5,298

DESERT CONNECTIONS 341

DESERT WILDLIFE SERVICES 6,225

GEORGIA CURAN 2,200

IMPACT DIGITAL PTY LTD 805

JENNY GREEN 6,545

KAMIKU ARANGKA 1,265

KATELND GRIFFIN 1,000

KATHY TOZER 897

KEN HANSEN 1,663

LANGFORD CONSULTING PTY LTD 3,825

LENA TAYLOR 300

LINDA RIVE 3,192

MALONEY FIELD SERVICES 875

MARLENE HODDER 770

MARUKU ARTS 2,000

NATALIE TURNER CAPPARIS PARK 1,000

PEOPLE & PLANET GROUP PTY LTD 580

PRAXIS CONSULTANTS 1,600

RECEIVER OF TERRITORY MONIES 3,249

RED CENTRE PEST CONTROL 300

SAMANTHA DISBRAY 1,983

SUZIE BRYCE 2,640

T J SIGNS 5,015

TINA TILHARD 8,940

WA LOW ECOLOGICAL SERVICES 3,150

YUENDUMU MINING CO N L 390

ARRKERNKW 1,200

LENA TAYLOR 4,620

grand Total 1,174,104

amounts paid to consultants

Consultant 2013-14

anthropology 22,000

GEOFFREY BAGSHAW 22,000

Community Development 25,913

PETRONELLA VAARZON-MOREL 14,915

S OSBORNE CONSULTANCY 10,998

Corporate services & finance 447,913

CENTRAL DESERT TRAINING PTY LTD 83,785

DAVE RICHARDS 14,870

DAVID AVERY LAWYER 24,000

DAVID JAGGER 16,091

DELOITTE TOUCHE TOHMATSU 48,750

FELICITY MEAKINS 16,000

GILLIAN AKERS 45,819

HENDER CONSULTING 14,595

JIMMY WEINER PTY LTD 47,675

JOHN MORTON 14,652

KATIE ALLEN 10,950

MLCS CORPORATE 32,790

RED CIRRUS SERVICES PTY LTD 13,120

SECURITY & TECHNOLOGY SERVICES 10,500

SUSAN DONALDSON 24,470

THE UNIVERSITY OF QUEENSLAND 14,000

WHITDENN DATA SOLUTIONS 15,847

land Management & ranger program 486,150

BEIT HOLMES AND ASSOCIATES PTY LTD 20,898 CENTRE FOR APPROPRIATE TECHNOLOGY 31,511 CREATING COMMUNITIES AUST 75,721

DIANE SMITH 26,000

KATELIJNE LENAERTS 10,980

LA TROBE UNIVERSITY 165,145

NATIONAL SAFETY COUNCIL OF AUSTRALIA LTD 28,226 NIC GAMBOLD 20,453

REBEL FILMS PTY LTD 32,000

STEVE ADLER ARCHITECTURAL 16,750

SUSAN DUGDALE & ASSOCIATES 14,566

TROPIC PRODUCTIONS 21,750

WW CONTRACTING 12,150

YUENDUMU SCHOOL COUNCIL 10,000

Mining 31,119

OLAF GEERKEN 17,892

SALLY HODSON 13,227

Miscellaneous 161,009

ASE OTTOSON 3,000

DR JEANNIE DEVITT 1,545

HERMANNSBURG VOLUNTEER UNIT 4,545

ADRIAN WATTS 1,000

BCA ENGINEERS 950

BRUCE TAYLOR 1,800

CATH O’LEARY 4,250

CENTRAL DESERT SHIRE COUNCIL 959

DANIEL VACHON 4,800

DR SANDRA PANNELL 3,600

DRIVER WEB DESIGNERS 130

HEALTHY OUTLOOK 4,000

HENBURY STATIONS - TIMANDA 4,275

101 CLC ANNUAL REPORT 2013-14

C O R p O R at E m a n ag E m E n t

HuMan resourCes ManageMenT employee relations The employment working conditions for all CLC employees are described in the Central Land Council Enterprise Agreement 2012-2015. All salary progression at the CLC is subject to meeting the required performance standards. The CLC did not offer

performance bonuses to any employees during the reporting period.

The development, implementation, administration and evaluation of human resources / industrial relations strategies and policies enables the CLC to enhance organisational flexibility, improve workplace productivity, and facilitate workplace reform to support its general objectives.

employee profile Part-time and full-time salaries paid from 1 July 2013 to 30 June 2014 expressed as full-time equivalent (FTE)

Salary classification All staff Aboriginal

Aboriginal %

Non-Aboriginal

Non-

Aboriginal % female female % Male Male %

Chair 1 1 100% 1 100%

SES 2 1 1 100% 1 100%

SES 1 2 2 100% 2 100%

Senior managers 2 2 100% 2 100%

SOG A 9 9 100% 6 67% 3 33%

SOG B 8 8 100% 5 64% 3 36%

SOG C 24 5 20% 19 80% 13 55% 11 45%

ASO 6 70 12 17% 58 83% 33 47% 37 53%

ASO 5 22 11 50% 11 50% 12 54% 10 46%

ASO 4 27 19 68% 8 32% 13 47% 14 53%

ASO 3 10 9 94% 1 6% 5 45% 5 55%

ASO 2 43 42 99% 1 1% 10 22% 33 78%

ASO 1 2 2 100% 1 80% 0 20%

Total 221 102 46% 119 54% 98 44% 123 56%

Head count of part-time and full-time staff salaried persons as at 30 June 2014

Salary classification All staff Aboriginal

Aboriginal %

Non-Aboriginal

Non-

Aboriginal % female female % Male Male %

Chair 1 1 100% 1 100%

SES 2 1 1 100% 1 100%

SES 1 2 2 100% 2 100%

Senior managers

2 2 100% 2 100%

SOG A 8 8 100% 6 75% 2 25%

SOG B 8 8 100% 5 63% 3 38%

SOG C 24 4 17% 20 83% 14 58% 10 42%

ASO 6 72 12 17% 60 83% 36 50% 36 50%

ASO 5 22 10 45% 12 55% 12 55% 10 45%

ASO 4 27 18 67% 9 33% 14 52% 13 48%

ASO 3 10 9 90% 1 10% 5 50% 5 50%

ASO 2 55 55 100% 13 24% 42 76%

ASO 1 3 3 100% 2 67% 1 33%

Total 235 113 48% 122 52% 107 46% 128 54%

The higher representation of Aboriginal staff members at the ASO 2 levels is largely due to the high number of staff employed as rangers in the community ranger programs.

The CLC employed a total of 108 casual staff members.

102 CLC ANNUAL REPORT 2013-14

staff development and training The CLC is committed to ongoing professional development of its workforce and supports access to appropriate training. It developed strategies to facilitate employment and career development for Aboriginal staff, currently comprising 48% of the total 235 staff employed. This commitment is reflected in Part 3 of the CLC Enterprise Agreement.

Staff can access training and further education as part of the CLC career development program. All new staff complete a compulsory three-day induction and a cross-cultural program which provides them with a comprehensive insight into the functions of the CLC, its policies and expectations. Most employees also receive first aid, work health and safety-related topics and 4WD awareness training in their commencement year to help them perform their roles safely. The CLC career development program enables staff to receive support and assistance with a range of study and learning options.

A total of 408 employees attended 60 needs-based short courses, conferences or information seminars / workshops.

achievements • Nine new study agreements entered into.

• Three cadets employed through the national Indigenous cadetship support program.

• Continuing professional development programs for CLC employees.

• Coaching and mentoring sessions for 16 senior staff members.

equal opportunity The CLC provides a working environment that recognises staff as valued organisation members

who are treated fairly and are acknowledged in the organisation’s success. Equal opportunity supports the development and implementation of strategically based antidiscrimination, equal employment opportunity (EEO) and affirmative action policies and programs as well as Aboriginal employment and career development. CLC respects and values diversity in the workplace.

WorK Heal TH anD safeTy (WH&s) WH&s commitment statement The CLC is committed to providing a safe workplace. It recognises that it has a primary duty of care to its employees, traditional Aboriginal landowners and other persons in relation to the work the CLC undertakes.

It will provide a safe environment for all employees, constituents, contractors and visitors at all the places we work. Its people and their involvement and commitment to safe work make the CLC successful.

The CLC does by:

• implementing safe systems of work which meet legislative requirements. Our responsibilities and system framework is outlined in our Work Health and Safety Management Arrangements

• consulting with and educating our employees in safe work practices and their responsibility to work safely

• monitoring how well we safely work by internal and external audits and seeking to improve what we do measuring our performance against safety objectives and targets

• identifying risks and implementing controls to reduce risk to as low as reasonably practicable

Casual staff employed from 1 July 2013 to 30 June 2014 expressed as FTE

all Casual staff aboriginal non-aboriginal female Male

SOG B 0.1 0.1 - 0.1

SOG C 0.4 0.4 0.2 0.2

ASO 6 1.3 1.3 0.4 0.9

ASO 5 1.6 0.3 1.3 1.1 0.5

ASO 4 0.1 0.1 - - 0.1

ASO 3 - - - -

ASO 2 12.1 12.1 - 3.9 8.2

ASO 1 0.4 0.4 - 0.4

Total 16.0 12.9 3.1 5.6 10.4

As at 30 June 2014 there were 16 unfilled vacancies across the organisation.

103 CLC ANNUAL REPORT 2013-14

C O R p O R at E m a n ag E m E n t

• encouraging safety leadership throughout the organisation and to celebrate safety achievements.

The CLC is committed to meeting its obligations under the Work Health and Safety Act 2011 (the WHS Act) and supports the development of strategically based health and safety programs.

The CLC began a project to review and refresh its safety management systems. Beginning with an external audit conducted by Comcare, the CLC developed a new WH&S commitment statement, management arrangements and a number of related policies and procedures. This project is consultative in its approach, engaging an expanded and broader representative WH&S committee and providing regular updates to all employees. The project will be completed by the end of 2014.

The CLC also put in place processes to mitigate our most significant risk of injury to CLC staff through the introduction of a GPS monitoring and alert system for remote CLC vehicular travel.

reporting requirements under the WHs act 2011 The following statements are provided in accordance with s.276 of the WHS Act.

Three notifiable incidents were reported to Comcare under s.38 of the WHS Act. Internal investigations and risk management procedures were applied to these incidents, with improvements made in processes to ensure the risk was reduced or managed appropriately.

There were no notices issued under s.90 (Provisional Improvement Notices), s.191 (Improvement Notices), s.195 (Prohibition Notices) or s.198 (Non disturbance Notices) of the WHS Act 2011. No Comcare investigations were conducted and the CLC continues to adhere to Comcare guidelines and seeks their support and guidance in managing health and safety risks.

performance against the Commonwealth Disability strategy Since 1994, Commonwealth departments and agencies have reported on their performance as policy adviser, purchaser, employer, regulator and provider under the Commonwealth Disability Strategy. In 2007-08, reporting on the employer role was transferred to the Australian Public Service Commission’s State of the Service Report and the APS Statistical Bulletin. These reports are available at www.apsc.gov.au. From 2010-11, departments and agencies have no longer been required to report on these functions.

The Commonwealth Disability Strategy has been overtaken by the National Disability Strategy 2010-2020, which sets out a 10-year national policy framework to improve the lives of people with disability, promote participation and create a more inclusive society. A high level two-yearly report will track progress against each of the six outcome areas of the strategy and present a picture of how people with disability are faring. The first of these reports will be available in late 2014, and can be found at www.dss.

gov.au.

inforMa Tion sysTeMs The primary function of computer services (CS) is to develop, support and maintain modern computing infrastructure, particularly on providing a high level of service to regional offices through the provision of the best available communication systems and remote support services.

The CLC provides a fully networked, standardised computer workstation for all employees except for those employed in ranger programs, providing them with access to e-mail, word processing, Internet browsing and a range of other services made available through the computing infrastructure. CS ensures the integrity and security of the CLC’s electronic data through backup systems, secure network access and virus protection. CS also facilitates increased efficiency of the organisation through the development and implementation of new systems that provide improved access to information and communications.

CS has two specialist staff responsible for maintaining an extensive geographical information system and manipulating geographic data sets to produce customised maps for CLC projects. CS plans to expand the services provided by the section with the ongoing development of web-based mapping systems, funding permitting.

Major achievements of 2013-14 included the:

• implementation of improved WAN network services to regional and remote offices, improvements to regional offices connectivity speed, major server

• remote access upgrades and implementations, as well as ongoing improvements to user services and support.

The CS and mapping unit staff provided outstanding performance throughout the year, and demonstrated a high level of dedication, skill, teamwork and good humour.

104 CLC ANNUAL REPORT 2013-14

Major achievements outcome

General operations Maintained our large, complex ICT network in regional and remote areas with no significant downtime or data loss. 1,600 help desk requests actioned. Fifty-eight new computer user accounts created. 166 security access control cards issued.

WAN Services Upgrade Implementation of high-speed 100-Mbps connections between the Alice Springs’ offices is a significant improvement over the former 2-Mbps service, and is a much more responsive computing environment for the staff at those sites. The same applies to the upgraded services at eight of our regional offices.

Cameron Street site commissioning Fit-out of the new Ranger Hub office, including all desktop, server and networking gear, as well as phone, alarm and CCTV systems.

Regional office expansion Following the renovations at the Lajamanu regional office, installed a new site server and improved networking and monitoring systems. New offices were provisioned at Daguragu and Angas Downs.

Replacement of aging switch infrastructure The purchase of a chassis-based switch for the main office has improved network performance in a virtualised server environment, provided support for VoIP phone

hardware, and should reduce the impact of any hardware failures.

Improved remote access platform The introduction of the Microsoft User Access Gateway Direct Access and Remote Desktop Web Access platforms has resulted in a significantly improved secure VPN

network and remote access services. This provides simplified and faster and more responsive access to network services for those staff working at Internet-only remote offices and other off-site locations.

Microsoft Exchange upgrade A complex and involved process bringing us up to the current mail server version, which has provided a range of immediate minor and major improvements, and a

number of options to be explored.

Migration to new backup platform The ongoing implementation of a Microsoft DPM system has provided enhanced backup and recovery features that simplify administration and improve our minor

and major disaster recovery options. Expansion of DFS file replication also provided significant benefits.

Storage expansion and virtualisation The implementation of increased virtualised storage has allowed us to continue our server virtualisation, improved disaster recovery by leveraging reduplication and

replication services, and provided an ‘archive’ volume for multimedia and other large files.

Migrate to colour MFP The installation of colour multi-function printers has improved efficiency and the quality of publications being provided to our constituents.

GIS Review The final GIS Review report provided a number of change recommendations, some of which have already been implemented. It also confirmed that an increasing map production workload and the need to develop ‘self-service’ mapping applications and expanded GIS support and integration will demand an additional full-time mapping officer.

Main office access control upgrade The main office access control system was upgraded to supported technology, and is performing well. The new Pacom-based system not only simplifies maintenance

operations, it also provides improved administration, monitoring and reporting.

105 CLC ANNUAL REPORT 2013-14

C O R p O R at E m a n ag E m E n t

David Jupurrurla long resource Centre (library and records) The David Jupurrurla Long Resource Centre Information Services (Library & Records) provides a professional research service for all employees of the CLC in accordance with CLC Policy, and the Strategic Plan 2012-17.

The CLC’s library provides print, online and interlibrary loan services, including a specialist Central Australian research collection made up of rare books and journals. The library has acquired 246 new items either by purchase, use of interlibrary loans or online services and holds 21,464 items.

The records unit, which includes archives, is managed in accordance with records management association of Australia’s standards and in compliance the national archives of Australia’s strategic information and records management guidelines including the administrative functions disposal authority (AFDA) schedules and the Commonwealth Archives Act 1983. It holds 76,114 titles.

In 2013 an electronic document records management systems (EDRMS) consultancy proposal was completed in consultation with the CLC of a comprehensive review of CLC’s electronic record requirements in response to the Commonwealth government’s digital transition policy. This policy aims to move Commonwealth agencies to digital recordkeeping for efficiency purposes and includes all agencies regardless of their legislative status. Records that are created digitally after 2015 will be accepted for transfer to the national archives in digital formats only. The EDRMS will also be essential to meet Commonwealth protective security policy requirements. The proposal is with the Minister and has not as yet been funded.

The resource centre currently uses the trimagic information management systems for libraries and TRAKS for limited records tracking.

asseT ManageMenT fleet management The CLC owns and manages a substantial fleet including 4WDs, people movers, medium and rigid trucks. The fleet management strategy aims to ensure reliable, safe and robust vehicles that are fit for use in remote locations. The objective is to replace the majority of the fleet every three to four years, depending on use, as it is generally proven that when remote operational vehicles have reached their optimal age, warranty has expired and maintenance expenditure is expected to escalate past this period.

A key priority has been to increase the safety and communication between head office and vehicles travelling remotely. The introduction of the Navman wireless satellite fleet tracking system has enabled real time tracking of all vehicles no matter how remote. This has allowed the CLC to manage the safety of employees, constituents and traditional owners whilst meeting its duty of care responsibilities. Furthermore, this year it engaged an external monitoring centre to monitor the critical and duress alerts in all vehicles around the clock. The system provides the CLC with the confidence that if a vehicle incident occurred in a remote location, it is able to respond quickly and appropriately. The system also provides a manually activated emergency alert button. Another benefit of the system has been the scheduled maintenance checks of all vehicles. The system generates vehicle servicing alerts after they travel a certain distance. The CLC’s service delivery has become more efficient due to prompt attention to remote servicing needs of all vehicles.

Achievements • Commissioning the replacement of the prime mover and trailer of the regional services unit (RSU), to be completed in 2014-15. While essential to CLC

consultations as they support and cater for all regional meetings, the old trailer lacked functionality and safety features. Their layout was changed and safety requirements were updated to allow easier access to the trailer. • Changes to the layout of the newly purchased

troop carriers to increase safety for drivers and passengers. Seating arrangements were revised and the suspension was upgraded for improved handling and performance.

property management The CLC has three offices in Alice Springs and eight regional offices, as well as local and regional staff accommodation. These assets represent a significant portion of the CLC’s asset register. The building asset management strategy combines engineering, financial and economic practices with the objective of providing an acceptable level of service in a cost effective manner. The CLC has started a more proactive approach to the management of these assets, by compiling an asset register including site inspections, where it documents the condition, layout and function of these buildings. This also allows priorisation of future works, minor works, minor maintenance and capital works. The CLC has also established a contract register outlining preferred suppliers and / or contractors who are able to respond to its regional

106 CLC ANNUAL REPORT 2013-14

management, leasing, rural enterprise, land tenure and regional outcomes. The TCRO comprises a manager (responsible to the general manager), project and administrative staff as well as specialist technical staff. It also accommodates a ranger unit including a coordinator and eight Indigenous rangers.

The TCRO assisted the CLC to fulfil its duties and provided strong support to its constituents. It also hosted one Council meeting.

environMenT proTeCTion anD BioDiversiTy Under s.516A of the Environment Protection and Biodiversity Conservation Act 1999 Commonwealth authorities must include a report on environmental matters, to:

• report how activities have accorded with the principles of ecologically sustainable development (ESD)

• identify how outcomes contributed to ESD • document their impact upon the environment and measures taken to minimise those impacts • identify the review mechanisms in place to review

and increase the measures taken to minimise its impact upon the environment.

Although not obligatory, the Department of the Environment provides guidelines and performance indicators for meeting reporting obligations. This is the first time that the CLC is reporting on its impact on the environment. Especially note that various aspects of the CLC’s operations are specifically concerned with the environment in which the CLC operates, and reference should also be made to those other outputs in this report, in particular the land and natural resource management Output 1.2.

Other corporate management actions taken by the CLC in respect to environmental matters include:

• further development of performance information framework commencing with the development of performance metric ‘dashboards’

• including in this report the recommended environmental measures for all Commonwealth authorities (see table below)

• in accordance with the CLC enterprise agreement (2012-15) a comprehensive transportation review commenced, originally to be completed in 2013 but delayed until 2014. The CLC expects that the study will recommend improvements of transportation efficiency. Fuel consumption currently represents approximately 57% of the CLC’s CO2 emissions.

needs. This has made reactive responses to building issues more cost effective.

Achievements • Construction of a disabled ramp at the CLC’s head office in Alice Springs. The project has improved access and amenity for people entering the building.

Funded by an ABA grant and constructed to Australian standards by a local contractor, it was delivered on time and under budget. • Major project works at Lajamanu regional offices including the construction of a new ranger work shed, visiting staff accommodation and new meeting place facility for regional meetings. This project has dramatically improved the purpose of the building. It offers clean, tidy and suitable office space for various regional and visiting staff, as well as space for various regional meetings. • Major refurbishment of the Cameron Street ranger hub. Completed as part of the CLC ranger program to accommodate training and support for the rangers, the works included new meeting areas, office spaces including hot desks andchanges to the shed layout for training and development. The CLC chair officially opened the building in March 2014.

TennanT CreeK regional offiCe The Tennant Creek Regional Office (TCRO) supported all CLC activities throughout the region, including mining, community development, native title, land

107 CLC ANNUAL REPORT 2013-14

C O R p O R at E m a n ag E m E n t

performance measure indicator(s) Measure 2009-10 2010-11 2011-12 2012-13 2013-14

energy efficiency

Total consumption of energy - this includes all energy consumed when undertaking the functions of the agency, such as energy consumed for office buildings and transportation

Electricity purchased $ 129,645 140,064 134,533 169,668 210,865

Electricity consumed kWh 692,933 655,780 636,351 691,822 708,093

Gas purchased $ 27,671 44,271 33,335 24,803 23,979

Other fuels purchased / consumed L 547,256 476,516 453,000 472,704 569,524

Air travel distances km 740,247 850,448 878,921 808,780 903,664

Greenhouse gas emissions

Air travel greenhouse gas (CO2) tonnes 80.5 106.5 111.0 101.6 103.6

Electricity greenhouse gas (CO2) tonnes 845.4 800.1 776.3 844.0 863.9

Gas greenhouse gas (CO2) tonnes 38.2 54.4 38.6 27.5 29.3

Other fuels greenhouse gas (CO2;tonnes) tonnes 1,477.6 1,286.6 1,223.9 1,276.3 1,537.7

Total CO2 emissions tonnes 2,442 2,248 2,150 2,249 2,534

Relative energy use per employee Electricity used KWh per

employee 3,315.5 2,954.0 2,932.5 3,057.1 3,133.2

Gas used Gj Per

employee

108.1 144.9 153.6 109.6 106.1

Other fuels used L per

employee

3,542 2,146 2,088 2,089 2,520

renewable energy

Renewable Energy (Note 1) Electricity produced kWh N / A N / A 17,003 17,610 34,833

Savings $ N / A N / A 3,911 4,050 10,910

CO2 savings tonnes N / A N / A 11.7 12.2 24.0

Renewable electricity in % of total electricity consumed and produced

% kwh N / A N / A 2.6 2.5 4.7

Waste

Total waste - going to landfills Amount - going to landfills (cbm)

cbm 411 466 474 464 467

Total waste - going to recycling facilities Amount - going to recycling facilities (cbm)

cbm 219 219 270 187 177

Relative waste production

Amount of waste per employee (cbm) cbm 3.43 3.09 3.43 2.88 2.85

Total consumption of water Amount of water consumed (KL)

kl 4,653 6,733 7,026 9,722 5,851

Water

Relative water consumption

Total water use kl per

employee

22.3 30.3 32.4 43.0 25.9

108 CLC ANNUAL REPORT 2013-14

performance measure indicator(s) Measure 2009-10 2010-11 2011-12 2012-13 2013-14

Co2 offsets

Camels removed under CLC Feral Camel project by muster. (Note 2 & Note 4)

Camels removed number N / A N / A 309 480 562

CO2 emission savings (.96tCo2e / camel / year) tonnes N / A N / A 297 461 540

Camels removed under CLC Feral Camel in joint management. (Note 3 & Note 4)

Camels removed number N / A N / A N / A 37,752 24,000

CO2 emission savings (.96tCo2e / camel / year) tonnes N / A N / A N / A 36,242 23,040

Horses removed in joint management. (Note 5)

Horses / donkeys removed

number N / A N / A N / A 3,658 8,038

(1.29t CO2 / horse / year) Note 6 tonnes N / A N / A N / A 4,609 10,369

notes:

note 1: CLC 10kW solar panels activated in June 2011; additional 10kW added to Stuart Highway June 2013; total capacity = 20kW

note 2: Removed by muster solely operated by the CLC

note 3: A small percentage of those camels were shot on pastoral land (not ALT) approx. 5,000-10,000.

note 4: The CLC is working with the Department of Land and Resource Management (DLRM) under the national Australian Feral Camel Management Project to control camels on Aboriginal Land within the CLC region. A large number of broad scale aerial culls have been completed between 2009-13 on Aboriginal land after extensive consultations with traditional owners.

note 5: A cull of feral horses and some camels was held in early June 2013. This was a joint operation between CLC, DLRM and Parks and Wildlife Service. It was an emergency operation to significantly reduce the number of horses and other large feral herbivores (camels and donkeys) from one particular location as some major animal health issues had emerged due to large numbers of ferals on the land.

note 6: United Nations FAO 2006.

Working camels up the race at Undurana.

109 CLC ANNUAL REPORT 2013-14 109 CLC ANNUAL REPORT 2013-14

fInAnCIAl St AteMentS

Central Land Council financial statements independent auditor’s report . . . . . . . . . . . . . . . . . . . . . . . . . . 110

Statement by directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112

Statement of comprehensive income . . . . . . . . . . . . . . . . . . . 113

Statement of financial position . . . . . . . . . . . . . . . . . . . . . . . . 114

Statement of changes in equity . . . . . . . . . . . . . . . . . . . . . . . . 115

Cash flow statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116

Schedule of commitments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117

Notes to and forming part of the financial statements . . . . 118

Central Land Council Native title representative Body financial statements independent auditor’s report . . . . . . . . . . . . . . . . . . . . . . . . . . 146

Statement by directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148

Statement of comprehensive income . . . . . . . . . . . . . . . . . . . 149

Statement of financial position . . . . . . . . . . . . . . . . . . . . . . . . 150

Statement of changes in equity . . . . . . . . . . . . . . . . . . . . . . . . 151

Cash flow statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152

Schedule of commitments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153

Notes to and forming part of the financial statements . . . . 154

110 CLC ANNUAL REPORT 2013-14

111 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

112 CLC ANNUAL REPORT 2013-14

113 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

CENTRAL LAND COUNCIL

sT aTeMenT of CoMpreHensive inCoMe for THe year enDeD 30 June 2014

noTes

2014 $

2013 $

expenses

Employees and Council members benefits 3(a) 21,164,715 20,002,815

Suppliers 3(b) 12,122,801 15,791,812

Grants 3(c) - 384,000

Depreciation and amortisation 3(d) 2,162,908 1,777,567

Write-down and impairment of assets / receivables 3(e) 12,295 66,141

Total expenses 35,462,719 38,022,335

less:

oWn-sourCe inCoMe

Own-source revenue

Sale of goods and rendering of services 4(a) 3,244,073 3,092,995

Interest 4(b) 499,189 614,299

Rental 4(c) 71,867 51,097

Other revenue 4(d) 1,632,732 -

Total own-source revenue 5,447,861 3,758,391

Gains

Gains from sale of assets 4(e) 210,317 291,301

Reversals of previous asset write-downs and impairments 4(f) 9,147 11,882

Total gains 219,464 303,183

Total own-source income 5,667,325 4,061,574

Net cost of services 29,795,394 33,960,761

Revenue from government 4(g) 29,789,512 34,294,559

(Deficit) / surplus attributable to the australian government (5,882) 333,798

oTHer CoMpreHensive inCoMe

items not subject to subsequent reclassification to profit and loss

Changes in asset revaluation reserves 7(c) - 1,408,703

Total other comprehensive income - 1,408,703

Total comprehensive income attributable to the australian government (5,882) 1,742,501

114 CLC ANNUAL REPORT 2013-14

CENTRAL LAND COUNCIL

sT aTeMenT of finanCial posiTion as a T 30 June 2014

noTes

2014 $

2013 $

asseTs

financial assets

Cash and cash equivalents 6(a) 11,008,287 11,513,292

Trade and other receivables 6(b) 675,773 795,162

Total financial assets 11,684,060 12,308,454

non-financial assets

Land and buildings 7(a) 23,381,958 22,896,292

Infrastructure, plant and equipment 7(b) 6,739,513 6,133,932

Inventories 7(d) 21,365 -

Total non-financial assets 30,142,836 29,030,224

Total assets 41,826,896 41,338,678

liaBiliTies

payables

Suppliers 8(a) 2,134,061 1,803,792

Other payables 8(b) 236,975 137,698

Total payables 2,371,036 1,941,490

provisions

Employee provisions 9(a) 3,326,769 3,262,216

Total provisions 3,326,769 3,262,216

Total liabilities 5,697,805 5,203,706

neT asseTs 36,129,091 36,134,972

equiTy

Asset revaluation reserve 5,460,313 5,460,313

Retained surplus 30,668,778 30,674,659

ToT al equiTy 36,129,091 36,134,972

115 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

CENTRAL LAND COUNCIL

sT aTeMenT of CHanges in equiTy for THe year enDeD 30 June 2014

retained earnings asset revaluation reserve ToT al equiTy

2014 $

2013 $

2014 $

2013 $

2014 $

2013 $

opening balance 30,674,659 30,340,861 5,460,313 4,051,610 36,134,972 34,392,471

Comprehensive income

Surplus / (deficit) for the period (5,882) 333,798 - - (5,882) 333,798

Other comprehensive income - - - 1,408,703 - 1,408,703

Total comprehensive income (5,882) 333,798 - 1,408,703 (5,882) 1,742,501

of which:

Attributable to the Australian Government (5,882) 333,798 - 1,408,703 (5,882) 1,742,501

Transactions with owners - -

Transfer between equity components - - - - - -

Closing balance as at 30 June 2014 30,668,777 30,674,659 5,460,313 5,460,313 36,129,090 36,134,972

116 CLC ANNUAL REPORT 2013-14

Central land CounCil

CASH FLOW STATEMENT FOr THE yEAr ENdEd 30 JuNE 2014

Operating activities NOTES

2014 $

2013 $

Cash received

Sales of goods and rendering of services 5,117,960 3,007,540

receipts from government 31,231,881 36,368,904

rental income 71,867 51,097

interest 533,302 714,384

Total cash received 36,955,010 40,141,925

Cash used

employees 21,100,162 19,348,645

Suppliers 13,366,575 18,148,735

net GSt paid to ato (50,560) 45,566

Total cash used 34,416,177 37,542,946

Net cash from / (used by) operating activities 10(a) 2,538,833 2,598,979

Investing activities

Cash received

Proceeds from sales of property, plant & equipment 534,949 291,301

Total cash received 534,949 291,301

Cash used

Purchase of property, plant & equipment 7(c) 3,578,787 3,800,187

Total cash used 3,578,787 3,800,187

Net cash used by investing activities (3,043,838) (3,508,886)

net increase / (decrease) in cash held (505,005) (909,907)

Cash and cash equivalents at the beginning of the reporting period 11,513,292 12,423,199

Cash and cash equivalents at the end of the reporting period 10(b) 11,008,287 11,513,292

117 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

CENTRAL LAND COUNCIL

sCHeDule of CoMMiTMenTs as a T 30 June 2014

2014 $

2013 $

By Type Commitments receivable Net GST recoverable on commitments 52,169 41,207

Total commitments receivables 52,169 41,207

Commitments payable Capital commitments Motor Vehicle 104,093 79,870

Total capital commitments 104,093 79,870

other commitments Operating leases 469,765 431,256

Total other commitments 469,765 431,256

Total commitments payable 573,858 511,126

net commitments by type 521,689 469,919

By Ma TuriTy Commitments receivable Other commitments receivable One year or less 16,829 14,507

From one to five years 15,780 11,840

Over five years 19,560 14,860

Total commitments receivable 52,169 41,207

Commitments payable Capital commitments One year or less 104,093 79,870

Total capital commitments 104,093 79,870

operating lease commitments One year or less 81,025 108,304

From one to five years 173,580 159,492

Over five years 215,160 163,460

Total operating lease commitments 469,765 431,256

Total commitments payable 573,858 511,126

net commitments by maturity 521,689 469,919

NB: Commitments are GST inclusive where relevant.

nature of capital commitments general description of arrangements

Motor vehicle. Represents pending commitments for motor vehicle purchases.

nature of operating lease commitments general description of arrangements Leases for office and staff accommodation. Lease payments are generally subject to annual increase in accordance with upwards movements in the Consumer Price Index.

118 CLC ANNUAL REPORT 2013-14

noTe 1: suMMary of signifiCanT aCCounTing poliCies

1.1 objectives of the entity The Central Land Council (the ‘CLC’ or the ‘Council’) is a statutory authority formed within the provision of Section 21 of the Aboriginal Land Right (NT) Act 1976 (the ‘Act’). It is a not-for-profit entity. The CLC receives appropriations from the Aboriginals Benefit Account (the ’ABA’) pursuant to ministerially approved estimates prepared in accordance with Section 34 of the Act and made available under Section 64 of the Act. The CLC in its present form with its present programs is dependent on Government policy and continuing funding by Parliament.

The CLC is structured to meet outcomes in the Act and the outcomes (output groups) reported upon in this annual report, which are to:

• protect and represent the rights and interest of the Aboriginal people • pursue and protect Aboriginal ownership and land interest • support Aboriginal people in land protection of

significant sites and maintaining their culture, heritage and languages • enable Aboriginal people to sustainably use and manage land • follow best practice for processing development

proposals and managing income arising • facilitate Aboriginal people to develop strong communities, outstations, and regions • follow best practice corporate management.

The funding conditions of the CLC are laid down by the Act, and any special purpose agreement guidelines. Accounting for monies received from the ABA is subject to conditions approved by the Minister for the Indigenous Affairs.

1.2 Basis of preparation of the financial statements The financial statements are general purpose financial statements and are required by clause 1(b) of Schedule 1 to the Commonwealth Authorities and Companies Act 1997 (the CAC Act).

The financial statements have been prepared in accordance with:

• Finance Minister’s Orders (FMOs) for reporting period ended on or after 1 July 2011; and, • Australian Accounting Standards and Interpretations issued by the Australian Accounting Standards Board

(AASB) that apply for the reporting period.

The financial statements have been prepared on an accrual basis and are in accordance with the historical cost convention, except for certain assets and liabilities at fair value. Except where stated, no allowance is made for the effect of changing prices on the results or the financial position.

The financial statements are presented in Australian dollars and values are rounded to the nearest dollar unless otherwise specified.

Unless an alternative treatment is specifically required by an accounting standard or the FMOs, assets and liabilities are recognised in the Statement of Financial Position when and only when it is probable that future economic benefits will flow to the CLC or a future sacrifice of economic benefit will be required and the amounts of the assets or liabilities can be reliably measured. However, assets and liabilities arising under executory contracts are not recognised unless required by an accounting standard. Liabilities and assets that are unrecognised are reported in the schedule of commitments or in the schedule of contingencies.

Unless alternative treatment is specifically required by an accounting standard, income and expenses are recognised in the CLC’s statement of comprehensive income when and only when the flow, consumption or loss of economic benefits has occurred and can be reliably measured.

1.3 significant accounting judgements and estimates In the process of applying the accounting policies listed in this note, the CLC has made the following judgement that has a most significant impact on the amounts recorded in the financial statements:

• The fair value of land and buildings has been taken to be the market value or the depreciated replacement cost of similar properties as determined by the directors or an independent valuer.

No other accounting assumptions or estimates have been identified that have a significant risk of causing a material adjustment to carrying amounts of assets and liabilities within the next reporting period.

1.4 new australian accounting standards Adoption of New Australian Accounting Standard Requirements No accounting standard has been adopted earlier than the applicable dates as stated in standard.

New standards / revised standards / interpretations / amending standards issued prior to the sign-off date

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

119 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

applicable to the current reporting period did not have a financial impact on the CLC and are not expected to have future financial impact on the CLC.

The following table summarises the standards and interpretations that have become applicable during the year ended 30 June 2014 and have been adopted by the CLC.

aasBs and interpretations

applicable from reporting period date

AASB 13 Fair Value Measurement (and consequential amendment AASB 2011-8) provides a single source of guidance for determining the fair value of assets and liabilities measured at fair value.

1 July 2013

AASB 2012-2 Amendments to Australian Accounting Standards - Disclosures - Offsetting Financial Assets and Financial Liabilities, which principally amends AASB 7 Financial Instruments: Disclosures to require disclosure of the effect or potential effect of netting arrangements, including rights of set-off associated with the CLC’s recognised financial assets and recognised financial liabilities, on the CLC’s financial position, when all the offsetting criteria of AASB 132 are not met.

1 July 2013

Future Australian Accounting Standard Requirements The following new standards / revised standards / Interpretations / amending standards were issued by the Australian Accounting Standards Board prior to the sign-off date, which are not expected to have a material financial impact on the CLC for future reporting periods:

operative date

AASB 9 Financial Instruments - December 2013 (Compilation) 1 Jan 2017

AASB 2010-7 Amendments to Australian Accounting Standards arising from AASB 9 (December 2010) [AASB 1, 3, 4, 5, 7, 101, 102, 108, 112, 118, 120, 121, 127, 128, 131, 132, 136, 137, 139, 1023 & 1038 and Interpretations 2, 5, 10, 12, 19 & 127]

1 Jan 2015

AASB 2012-3 Amendments to Australian Accounting Standards - Offsetting Financial Assets and Financial Liabilities [AASB 132] 1 Jan 2014

AASB 2013-3 Amendments to AASB 136 - Recoverable Amount Disclosures for Non-Financial Assets 1 Jan 2014

AASB 2013-5 Amendments to Australian Accounting Standards - Investment Entities [AASB 1, AASB 3, AASB 7, AASB 10, AASB 12, AASB 107, AASB 112, AASB 124, AASB 127, AASB 132, AASB 134 & AASB 139]

1 Jan 2014

AASB 2013-8 Amendments to Australian Accounting Standards - Australian Implementation Guidance for Not-for-Profit Entities - Control and Structured Entities [AASB 10, AASB 12 & AASB 1049]

1 Jan 2014

AASB 2013-9 Amendments to Australian Accounting Standards - Conceptual Framework, Materiality and Financial Instruments [Operative dates: Part A Conceptual Framework - already effective; Part B Materiality - 1 Jan 2014; Part C Financial Instruments - 1 Jan 2015]

Refer title

1.5 revenue The revenues described in this note are revenues relating to the core operating activities of the CLC:

• Revenue from the sale of goods is recognised when:

- the risks and rewards of ownership have been transferred to the buyer;

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

- the CLC retains no managerial involvement or effective control over the goods; - the revenue and transaction costs incurred can be reliably measured; and - it is probable that the economic benefits associated

with the transaction will flow to the CLC.

120 CLC ANNUAL REPORT 2013-14

• Receivables for goods and services, which have 30 days credit term, are recognised at the nominal amounts due less any impairment allowance account. Collectability of debts is reviewed at the end of the reporting period. Allowances are made when collectability of the debt is no longer probable.

• Interest revenue is recognised using the effective interest method as set out in AASB 139 Financial Instruments: Recognition and Measurement.

• Revenue from disposal of non-current assets is recognised when control of the asset has passed to the buyer.

• Revenue from the rendering of a service, other than those contributions on receipt as per AASB 1004, is recognised by reference to the stage of completion of contract at the reporting date. The revenue is recognised when:

- the amount of revenue, stage of completion and transaction costs incurred can be reliably measured; and

- the probable economic benefits associated with the transaction will flow to the Council.

The stage of completion of the contract at the reporting date is determined according to the proportion that costs incurred to date bear to the estimated total costs of the transaction.

Resources received free of charge Resources received free of charge are recognised as revenue when and only when a fair value can be reliably determined and the services would have been purchased if they had not been donated. Use of those resources is recognised as an expense. Resources received free of charge are recognised as either revenues or gains depending upon their nature.

Contributions of assets at no cost of acquisition or for nominal consideration are recognised as gains at their fair value when asset qualifies for recognition, unless received from another government agency or authority as a consequence of a restructuring of administrative arrangements.

Revenues from government Funding received or receivable from agencies (appropriated to the agency as a CAC Act body payment item for payment to the CLC) is recognised as revenue from government unless they are in the nature of an equity injection or a loan. These are recognised at the time the CLC becomes entitled to the funding or as contribution on receipt as per AASB 1004 Contributions.

1.6 gains Resources received free of charge Resources received free of charge are recognised as gains when, and only when, a fair value can be reliably determined and the services would have been purchased if they had not been donated. Use of those resources is recognised as an expense.

Contributions of assets at no cost of acquisition or for nominal consideration are recognised as gains at their fair value when the asset qualifies for recognition, unless received from another government agency or authority as a consequence of a restructuring of administrative arrangements.

Resources received free of charge are recorded as either revenue or gains depending on their nature.

Sale of assets Gains from disposal of assets are recognised when control of the asset has passed to the buyer.

1.7 employee benefits Employee benefits Liabilities for ‘short-term employee benefits’ (as defined in AASB 119 Employee Benefits) and termination benefits due within 12 months of the end of reporting period are measured at their nominal amounts.

The nominal amount is calculated with regard to the rates expected to be paid on settlement of the liability.

Leave The liability for employee benefits includes provision for annual leave and long service leave. No provision has been made for sick leave as all sick leave is non-vesting and the average sick leave taken in future years by employees of the CLC is estimated to be less than the annual entitlement for sick leave.

The leave liabilities are calculated on the basis of employees’ remuneration at the estimated salary rates that will be applied at the time the leave is taken, including the CLC’s employer superannuation contribution rates to the extent that the leave is likely to be taken during service rather than paid out on termination.

The estimate of the present value of the long service leave liability takes into account attrition rates and pay increases through promotion and inflation.

Separation and redundancy Provision is made for separation and redundancy benefit payments. The CLC recognises a provision for termination when it has developed a detailed

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

121 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

formal plan for the terminations and has informed those employees affected that it will carry out the terminations.

Superannuation The majority of employees of the CLC are members of Acumen Superannuation Fund. The CLC makes employer contributions to the Acumen superannuation fund at the rate of 12.5% paid on monthly basis. The CLC complies with the requirements of the superannuation choice legislation. All superannuation contributions are to defined contribution plans.

The liability for superannuation recognised as at 30 June represents outstanding contributions for the last month of the year.

1.8 leases A distinction is made between finance leases and operating leases. Finance leases effectively transfer from the lessor to the lessee substantially all the risks and rewards incidental to ownership of leased assets. An operating lease is a lease that is not-finance lease. In operating leases, the lessor effectively retains substantially all such risks and benefits.

Where an asset is acquired by means of a finance lease, the asset is capitalised at either the fair value of the lease property or, if lower, the present value of minimum lease payments at the inception of the contract, and a liability is recognised at the same time and for the same amount.

The discount rate used is the interest rate implicit in the lease. Leased assets are amortised over the period of the lease. Lease payments are allocated between the principal component and the interest expense.

Operating lease payments are expensed on a straight-line basis, which is representative of the pattern of benefits derived from the leased assets.

1.9 Borrowing costs All borrowing costs are expensed as incurred.

1.10 Cash Cash is recognised at its nominal amount. Cash and cash equivalents includes cash on hand and any demand deposits in bank accounts with an original maturity of three months or less that are readily convertible to known amounts of cash and subject to insignificant risk of changes in value.

1.11 financial assets The CLC classifies its financial assets in the following categories:

• held-to-maturity investments • loans and receivables.

The classification depends on the nature and purpose of the financial assets and is determined at the time of initial recognition. Financial assets are recognised and derecognised upon trade date.

Effective interest method The effective interest method is a method of calculating the amortised cost of a financial asset and of allocating interest income over the relevant period. The effective interest rate is the rate that exactly discounts estimated future cash receipts through the expected life of the financial asset, or, where appropriate, a shorter period.

Income is recognised on an effective interest rate basis except for financial assets that are recognised at fair value through profit or loss.

Held-to-maturity investments Non-derivative financial assets with fixed or determinable payments and fixed maturity dates that the CLC has the positive intent and ability to hold to maturity are classified as held-to-maturity investments. Held-to-maturity investments are recorded at amortised cost using the effective interest method less impairment, with revenue recognised on an effective yield basis.

Loans and receivables Trade receivables, loans and other receivables that have fixed or determinable payments that are not quoted in an active market are classified as ‘loans and receivables’. Loans and receivables are measured at amortised cost using the effective interest method less impairment. Interest is recognised by applying the effective interest rate.

Impairment of financial assets Financial assets are assessed for impairment at the end of each reporting period.

• Financial assets held at amortised cost - If there is objective evidence that an impairment loss has been incurred for loans and receivables or held to maturity investments held at amortised cost, the amount of the loss is measured as the difference between the asset’s carrying amount and the present value of estimated future cash flows discounted at the asset’s original effective interest rate. The carrying amount is reduced by way of an allowance account. The loss is recognised in the statement of comprehensive income.

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

122 CLC ANNUAL REPORT 2013-14

• Financial assets carried at cost - If there is objective evidence that an impairment loss has been incurred, the amount of the impairment loss is the difference between the carrying amount of the asset and the present value of the estimated future cash flows discounted at the current market rate for similar assets.

1.12 financial liabilities Financial liabilities are classified as either financial liabilities ‘at fair value through profit or loss’ or other financial liabilities. Financial liabilities are recognised and derecognised upon ‘trade date’.

Financial liabilities at fair value through profit or loss Financial liabilities at fair value through profit or loss are initially measured at fair value. Subsequent fair value adjustments are recognised in profit or loss. The net gain or loss recognised in profit or loss incorporates any interest paid on the financial liability.

Other financial liabilities Other financial liabilities, including borrowings, are initially measured at fair value, net of transaction costs. These liabilities are subsequently measured at amortised cost using the effective interest method, with interest expense recognised on an effective yield basis.

The effective interest method is a method of calculating the amortised cost of a financial liability and of allocating interest expense over the relevant period. The effective interest rate is the rate that exactly discounts estimated future cash payments through the expected life of the financial liability, or, where appropriate, a shorter period.

Supplier and other payables are recognised at amortised cost. Liabilities are recognised to the extent that the goods or services have been received (and irrespective of having been invoiced).

1.13 Contingent liabilities and contingent assets Contingent liabilities and contingent assets are not recognised in the statement of financial position but are reported in the relevant schedules and notes. They may arise from uncertainty as to the existence of a liability or asset or represent an asset or liability in respect of which the amount cannot be reliably measured. Contingent assets are disclosed when settlement is probable but not virtually certain and contingent liabilities are disclosed when settlement is greater than remote.

1.14 acquisition of assets Assets are recorded at cost on acquisition except as stated below. The cost of acquisition includes the fair value of assets transferred in exchange and liabilities undertaken. Financial assets are initially measured at their fair value plus transaction costs where appropriate.

Assets acquired at no cost, or for nominal consideration, are initially recognised as assets and income at their fair value at the date of acquisition, unless acquired as a consequence of restructuring of administrative arrangements. In the latter case, assets are initially recognised as contributions by owners at the amounts at which they were recognised in the transferor’s accounts immediately prior to the restructuring.

1.15 property, plant and equipment Asset recognition threshold Purchases of property, plant and equipment are recognised initially at cost in the balance sheet, except for purchases costing less than $2,000, which are expensed in the year of acquisition (other than where they form part of a group of similar items which are significant in total).

The initial cost of an asset includes an estimate of the cost of dismantling and removing the item and restoring the site on which it is located, including any necessary make good provisions.

Revaluations Fair values for each class of asset are determined as shown below:

asset class fair value measured at:

Land Market selling price

Building excl. leasehold improvements Market selling price

Leasehold improvements Depreciated replacement cost or market selling price

Infrastructure, plant & equipment, computer equipment

Market selling price

Heritage and cultural assets Market selling price

Library assets Market selling price

Assets that are surplus to requirement are measured at their net realisable value. At 30 June 2014 the CLC held no surplus assets (30 June 2013: $0). Certain leasehold improvements have been made on land leased from

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

123 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

Aboriginal Land Trusts, for which various fair value measurement methods have been applied.

Following initial recognition at cost, land, buildings, infrastructure, plant and equipment are carried at fair value less subsequent accumulated depreciation and accumulated impairment losses. Formal revaluations are at fair value, being revalued with sufficient frequency such that the carrying amount of each asset class is not materially different, as at reporting date, from its fair value. The regularity of independent valuations depends upon the volatility of movements in the market value of the relevant assets.

Revaluation adjustments are made on a class basis. Any revaluation increment is credited to equity under the heading of asset revaluation reserve except to the extent that it reverses a previous revaluation decrement of the same asset class that was previously recognised in the surplus / deficit. Revaluation decrements for a class of assets are recognised directly in the surplus / deficit except to the extent that they reverse a previous revaluation increment for that class.

Any accumulated depreciation as at the revaluation date is eliminated against the gross carrying amounts of the assets and the asset is restated to the revalued amount.

Frequency

Freehold land, buildings and plant and equipment are subject to a formal valuation at a minimum of every two years. The CLC policy is for formal valuations to be carried out by an independent qualified valuer. Between formal valuations assets are assessed for movements in fair value.

Depreciation

Depreciable property, plant and equipment assets are written-off to their estimated residual values over their estimated useful lives to the CLC using, in all cases, the straight-line method of depreciation.

Capital works-in-progress are not depreciated until assets are ready for use.

Depreciation rates (useful lives), residual values and methods are reviewed at each reporting date and necessary adjustments are recognised in the current, or current and future reporting periods, as appropriate.

Depreciation rates applying to each class of depreciable asset are based on the following useful lives:

2014 2013

Buildings on freehold land 40 years 40 years

Leasehold improvements 40 years 40 years

Motor vehicles 4 years 4 years

Computer equipment 3 to 4 years 3 to 4 years

Plant and equipment 7 to 10 years 7 to 10 years

The revalued amount of property, plant and equipment are depreciated for the remaining life of the property.

The aggregate amount of depreciation allocated for each class of asset during the reporting period is disclosed in Note 7c. Library assets, as the majority of purchases are individually under $2,000 (the asset threshold), and are charged directly to expenses, are subject to periodic revaluations and are not depreciated.

During the year 2012-13 CLC reviewed estimated residual value and useful life of motor vehicles. The change in estimates resulted in a reduction in depreciation charge of $811,554 for the year 2012-13.

Impairment

All assets were assessed for impairment at 30 June 2014. Where indications of impairment exist, the assets recoverable amount is estimated and an impairment adjustment is made if the asset’s recoverable amount is less than its carrying amount.

The recoverable amount of an asset is the higher of its fair value less costs to sell and its value in use. Value in use is the present value of the future cash flows expected to be derived from the asset. Where the future economic benefit of an asset is not primarily dependent on the asset’s ability to generate future cash flows, and the asset would be replaced if the CLC were deprived of the asset, its value in use is taken to be its depreciated replacement cost.

Derecognition

An item of property, plant and equipment is derecognised upon disposal or when no further future economic benefits are expected from its use or disposal.

1.16 inventories Inventories not held for resale are valued at cost, unless they are no longer required, in which case they are valued at net realisable value.

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

124 CLC ANNUAL REPORT 2013-14

Costs incurred in bringing each item of inventory to its present location and conditions are assigned as follows:

• raw materials and stores - purchase cost on a first-in-first-out basis • finished goods and works-in-progress - cost of direct materials and labour plus attributable costs that are

capable of being allocated on a reasonable basis.

Inventories acquired at no cost or nominal consideration are initially measured at current replacement cost at the date of acquisition.

1.17 Taxation / competitive neutrality The CLC is exempt from all forms of taxation except for fringe benefits tax and the goods and services tax (GST).

Revenues, expenses and assets are recognised net of GST except:

• where the amount of GST incurred is not recoverable from the Australian Taxation Office • for receivables and payables.

noTe 2: evenTs afTer THe repor Ting perioD

There were no significant events after balance sheet date.

noTe 3: expenses

note 3(a): employee benefits

2014 $

2013 $

Wages & salaries 17,895,279 16,530,774

Superannuation (defined contribution plans) 2,363,661 2,112,114

Leave and other entitlements 260,213 859,391

Separation and redundancies - -

Other employee benefits 645,562 500,536

Total employee benefits 21,164,715 20,002,815

Total employee expenses 21,164,715 20,002,815

All payments are within the terms of the 2012-2015 CLC Enterprise Agreement (EA). The CLC makes regular contributions in addition to minimum Superannuation Guarantee legislation at a rate of 12.50%.

The CLC pays compulsory professional indemnity insurance to Law Society NT for all its practicing lawyers and pays Comcover a premium for directors and officers insurance.

note 3(b): suppliers

goods and services supplied or rendered

Accounting & Audit 199,055 165,732

Consultants and other contractors 1,174,104 2,113,406

Travel, motor vehicle and meeting expenses 3,721,024 4,014,891

Accommodation & utilities 1,792,626 1,725,703

Other operating 2,711,650 2,688,351

Community Development Projects Expenses 1,954,068 4,652,465

Total goods and services supplied or rendered 11,552,527 15,360,548

goods supplied in connection with

Related parties 361,421 348,708

External parties 6,862,394 10,405,404

Total good supplied 7,223,815 10,754,112

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

125 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

Note 3(b): Suppliers continued

2014 $

2013 $

services rendered in connection with

Related parties 70,000 51,246

External parties 4,258,712 4,555,190

Total services rendered 4,328,712 4,606,436

Total goods and services supplied or rendered 11,552,527 15,360,548

other supplier expenses

Operating lease rentals (minimum lease payments) - external parties 113,869 171,321

Workers Compensation & Professional Indemnity Insurance premium 456,405 259,943

Total other supplier expenses 570,274 431,264

Total supplier expenses 12,122,801 15,791,812

note 3(c): grants

private sector:

Non-profit organisations - 384,000

Total grants - 384,000

note 3(d): Depreciation and amortisation

Depreciation:

Buildings 602,391 511,315

Motor vehicles 1,225,658 979,272

Plant and equipment 204,220 210,064

IT equipment 130,639 76,916

Total depreciation 2,162,908 1,777,567

Amortisation of intangibles (software) - -

Total depreciation and amortisation 2,162,908 1,777,567

The aggregate amounts of depreciation expensed during the reporting period for each class of depreciable asset are detailed in Note 7(c): Analysis of property, plant and equipment.

note 3(e): Write-down and impairment of assets

asset write-downs and impairments from:

Impairment of financial instruments - trade receivables 12,295 66,141

Total write-down and impairment of assets 12,295 66,141

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

126 CLC ANNUAL REPORT 2013-14

noTe 4: inCoMe OWN SOURCE REVENUE

note 4(a): sale of goods and rendering of services

2014 $

2013 $

Provision of goods - External parties - 60

Rendering of services - External parties 3,244,073 3,092,935

Total sale of goods and rendering of services 3,244,073 3,092,995

note 4(b): interest

Interest from cash & short-term deposits 499,189 614,299

Total interest 499,189 614,299

note 4(c): rental income

Operating lease - other 71,867 51,097

Total rental income 71,867 51,097

note 4(d): other revenue / gains

Community project income 1,632,732 -

Total other gains 1,632,732 -

note 4(e): gains from sale of assets

Motor vehicles, plant and equipment

Proceeds from sale 534,949 291,301

Carrying value of assets sold (324,632) -

net gain from sale of assets 210,317 291,301

note 4(f): reversal of previous asset write-downs and impairments

Reversal of impairment losses - loans and receivables 9,147 11,882

Total reversals of previous asset write-downs and impairments 9,147 11,882

note 4(g): revenue from government

From government - ABA s.64(1) 15,305,000 16,554,362

From government - ABA s.64(1) - 1996 to 2007 receivable - -

From government - special purpose contracts 13,023,463 15,876,061

From government - special purpose contracts (revenue received in advance but not yet spent) 1,461,049 1,864,135

Total revenue from government 29,789,512 34,294,559

revenue received in advance but not yet spent (unearned revenue) AASB 1004 requires recognition of revenue once control of assets is with the CLC. Under the interpretation of this standard restrictions over how the money should be spent do not result in obligations. Therefore no liability has been recognised, and the majority of grants are recognised as income when cash is received.

This accounting treatment has the effect of additional revenue being recognised for the CLC in the 2012 / 2013 financial year. For the 2013-14 financial year, $1,461,049 (2012-13: $1,864,135) was received and recognised as revenue, with corresponding outflows of resources expected in the 2014-15 financial year. Refer also Note 16 to these accounts.

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

127 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

noTe 5: sT aTeMenT of BuDgeT vs. aCTual aBoriginals BenefiT aCCounT appropria Tions

aBa approved estimates $ 2013 / 2014

aBa actual $ 2013 / 2014

v ariance $

2013 / 2014

expenditure

Salaries and related expenses 11,730,837 12,518,580 (787,743)

Operational expenses 5,816,663 5,933,519 (116,856)

Total recurrent expenditure 17,547,500 18,452,099 (904,599)

Capital 1,050,500 2,259,333 (1,208,833)

Total expenditure 18,598,000 20,711,432 (2,113,432)

income

ABA sec. 64(1) 15,305,000 15,305,000 -

Administration fees 2,060,100 2,240,633 180,533

Interest 365,000 431,497 66,497

Sale of assets 184,000 178,416 (5,584)

Recoveries 610,000 1,017,021 407,021

Other 73,900 199,926 126,026

Total income 18,598,000 19,372,493 774,493

ABA surplus / (deficit) at 30 June 2014 - (1,338,939) (1,338,939)

The net deficit of $1,338,939 is accounted for as follows: $ 2013 / 2014 notes

ABA surplus / (deficit) at 30 June 2014: (1,338,939)

(add) Prev. year note - 2012-13 1,331,000 (i)

(less) ABA Debtor - Accomm. capacity Lajamanu (390,000) (i)

(less) Planned - Fleet change-over (100,000) (i)

aBa deficit after commitments as at 30 June 2014 (497,939)

notes:

(i) Prior year (2012-13) commitments relating to site works Lajamanu ($328,000), Site works Cameron Street ($190,000), Lajamanu Governance Pilot ($219,000) and Fleet changeover ($204,000) with an addtional commitment of $100,000 for 2013-14 are completed; however, Accommodation Capacity Lajamanu ($390,000) will complete in 2014-15.

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

128 CLC ANNUAL REPORT 2013-14

note 5(a): reconciliation - aBa cash receipts to income statement

Cash release received during the reporting period:

2014 $

2013 $

ABA Section 64(1) 15,305,000 16,554,362

ABA Section 64(1) - payment under s.64(1) - -

15,305,000 16,554,362

During the previous period $4,641,079 was received as a payment under s.64(1), payable to an association. As agreed with the Minister, this will be applied for long-term sustainable benefit of indigenous people in CLC’s region.

note 5(b): reconciliation - aBa special purpose grant: lajamanu Community governanace project Mentors group

income

ABA grant income / (repayment) - 56,000

Total income / (repayment) - -

expenditure

Operational expenditure 48,233 -

Total expenditure 48,233

annual movement in grant funds (48,233) 56,000

Multi-year grant balance of funds: 7,767 56,000

note 5(c): aBa special purpose grant: lajamanu Kurdiji governance project phase 2

income

ABA grant income 132,466 -

Total income 132,466 -

expenditure

Operational expenditure - -

Total expenditure - -

annual movement in grant funds 132,466 -

Multi-year grant balance of funds: 132,466

note 5(d): aBa special purpose grant: Women’s law and Culture Meeting 2013

income

ABA grant income / (repayment) 103,291 -

Total income / (repayment) 103,291

expenditure

Capital and operational expenditure 114,931 -

Total expenditure 114,931

annual movement in grant funds (11,640) -

Multi-year grant balance of funds: (11,640)

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

129 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

2014 $

2013 $

note 5(e): aBa special purpose grant: Mutitjulu y outh recreation precinct

income

ABA grant income / (repayment) (1,485) 2,775,350

Total income / (repayment) (1,485) 2,775,350

expenditure

Capital and operational expenditure - 2,875,612

Total expenditure - 2,875,612

annual movement in grant funds (1,485) (100,262)

Multi-year grant balance of funds: - 1,485

note 5(f): aBa special purpose grant: Men and Women of Central australia oral History project

income

ABA grant income / (repayment) 340,000 -

Total income / (repayment) 340,000 -

expenditure

Operational expenditure 206,117 83,246

Total expenditure 206,117 83,246

annual movement in grant funds 133,883 (83,246)

Multi-year grant balance of funds: 98,762 (35,121)

note 5(g): aBa special purpose grant: aBa ranger Capital and operational

income

ABA grant income / (repayment) 361,660 400,000

Total income / (repayment) 361,660 400,000

expenditure

Capital and operational expenditure 702,351 992,070

Total expenditure 702,351 992,070

annual movement in grant funds (340,691) (592,070)

Multi-year grant balance of funds 103,554 444,245

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

130 CLC ANNUAL REPORT 2013-14

2014 $

2013 $

note 5(h): aBa special purpose grant: Capacity Development for Community Development and investment of rental income

income

ABA grant income / (repayment) - -

Total income / (repayment) - -

expenditure

Operational expenditure 14,099 22,536

Total expenditure 14,099 22,536

annual movement in grant funds (14,099) (22,536)

Multi-year grant balance of funds: 63,365 77,464

note 5(i): aBa special purpose grant: Contribution to the independent evaluation of the ClC ‘Community Development unit’ and the ClC ‘Community governance project’

income

ABA grant income / (repayment) - 180,000

Total income / (repayment) - 180,000

expenditure

Operational expenditure 179,100 -

Total expenditure 179,100 -

annual movement in grant funds (179,100) 180,000

Multi-year grant balance of funds: 900 180,000

note 5(j): reconciliation - aBa special purpose grant: funeral and Ceremony

income

ABA grant income / (repayment) 304,000 303,000

Total income / (repayment) 304,000 303,000

expenditure

Operational expenditure 331,308 295,872

Total expenditure 331,308 295,872

annual movement in grant funds (27,308) 7,128

Multi-year grant balance of funds: (20,180) 7,128

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

131 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

noTe 6: finanCial asseTs

note 6(a): Cash and cash equivalents

2014 $

2013 $

Cash on hand or on deposit (refer also Note 10(b)) 11,008,287 11,513,292

Total cash and cash equivalents 11,008,287 11,513,292

note 6(b): Trade and other receivables

Goods and Services:

Goods and Services - related entities - -

Goods and Services - external parties 648,763 682,285

Total receivables for goods and services 648,763 682,285

other receivables

GST receivable from Australian Taxation Office 83,679 134,239

Interest receivable 34,663 68,776

Total other receivables 118,342 203,015

t otal trade and other receivables (gross) 767,105 885,300

less: impairment allowance account

Goods and services (91,332) (90,137)

(91,332) (90,137)

Total trade and other receivables (net) 675,773 795,162

All receivables are current assets. Debtors are recognised at their nominal amounts due less provisions for impairment, if any. Provisions are made when collection of the debt is judged to be less rather than more likely. All debtors are unsecured and as such, the carrying value of the net receivables represents the amount exposed to credit risk.

receivables are expected to be recovered in:

No more than 12 months 675,773 795,162

More than 12 months - -

Total trade and other receivables (net) 675,773 795,162

receivables are aged as follows:

Not overdue 280,307 341,068

Overdue by:

- less than 30 days 59,866 46,183

- 31 to 60 days 160,145 399,740

- 61 to 90 days 14,893 8,037

- more than 90 days 168,215 90,272

403,119 544,232

Total receivables (gross) 683,426 885,300

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

132 CLC ANNUAL REPORT 2013-14

Note 6(b): Trade and other receivables continued

2014 $

2013 $

The impairment allowance is aged as follows:

Overdue by

- 31 to 60 days - -

- 61 to 90 days - (3,639)

- more than 90 days (91,332) (86,498)

(91,332) (90,137)

Credit terms for goods and services were within 30 days (2013: 30 days). An impairment provision was raised during the financial year for invoices above 90 days. Please refer to Note 17 for ageing and impairment details. Revenue and a receivable (31 to 60 days) are recorded for a variation in 2012-13 Aboriginals Benefit Account s.64(1) for $390,000 received in the current year.

Reconciliation of the Impairment Allowance Account Movements in relation to 2014 - goods and services opening balance 90,137 35,878

Amounts written off 10,342 66,141

Amounts recovered and reversed (9,147) (11,882)

Increase / decrease recognised in net surplus 1,195 54,259

Closing balance 91,332 90,137

noTe 7: non-finanCial asseTs

note 7(a): land and buildings

2014 $

2013 $

Freehold land at gross carrying value (at fair value) 4,670,390 4,670,390

Buildings on freehold land:

- work-in-progress 239,889 252,091

- fair value 12,980,534 12,364,365

- accumulated depreciation (424,412) -

12,796,011 12,616,456

Buildings on leasehold land:

- work-in-progress 534,200

- fair value 6,093,536 5,075,246

- accumulated depreciation (177,979) -

5,915,557 5,609,446

Total Land and buildings 23,381,958 22,896,292

All land and buildings were subject to revaluation and were independently revalued by Maloney Asset Services as at 30 June 2013.

A revaluation increment of $1,408,703 for land and buildings was credited to the asset revaluation reserve and included in the equity section of the balance sheet in 2013.

At 30 June 2014, the directors believe that all non-financial assets as reported are carried at the present fair market value and no indicators of impairment were found for non-financial assets.

No land or buildings are currently held for sale or are expected to be sold or disposed in the next 12 months.

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

133 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

note 7(b): infrastructure, plant and equipment

2014 $

2013 $

Motor vehicles - at cost 8,825,870 8,555,799

Accumulated depreciation (4,130,686) (4,588,568)

4,695,184 3,967,231

Plant and equipment - at cost 2,001,719 2,113,621

Plant and equipment - at fair value 125,450 125,450

Accumulated depreciation (810,379) (836,548)

1,316,790 1,402,523

Library at fair value 500,000 500,000

Accumulated depreciation (50,000) (50,000)

450,000 450,000

Computer equipment at cost 1,187,752 1,093,751

Accumulated depreciation (910,213) (779,574)

277,539 314,177

Total infrastructure, plant and equipment 6,739,513 6,133,932

At 30 June 2014, the directors believe that all non-financial assets are carried at the present fair market value and no indicators of impairment were found for non-financial assets. A change of estimates for motor vehicles in 2012-13 has been documented in Note 1.

No property, plant or equipment is currently held for sale or expected to be sold or disposed in the next 12 months.

note 7(c): analysis of property, plant and equipment Table (A): Reconciliation of the opening and closing balances of property, plant and equipment 2013 -14

land & buildings $

Motor vehicles $

plant & equipment $

library $

Computer equipment $

ToT al $

As at 1 July 2013

Gross book value 22,896,293 8,555,799 2,239,071 500,000 1,093,751 35,284,914

Accumulated depreciation / amortisation - (4,588,568) (836,548) (50,000) (779,574) (6,254,690)

Net book value 1 July 2013 22,896,293 3,967,231 1,402,523 450,000 314,177 29,030,224

Additions

By purchase 1,088,056 2,207,641 189,089 - 94,001 3,578,787

Revaluation movements

Revaluation increments recognised in equity

- - - - - -

Depreciation expense (602,391) (1,225,658) (204,220) (130,639) (2,162,908)

Disposals - gross value - (1,937,572) (300,989) - - (2,238,561)

Disposals - accumulated depreciation - 1,683,540 230,389 - - 1,913,929

Net book value 30 June 2014 23,381,958 4,695,182 1,316,792 450,000 277,539 30,121,471

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

134 CLC ANNUAL REPORT 2013-14

Note 7(c): Analysis of property, plant and equipment continued

land & buildings $

Motor vehicles $

plant & equipment $

library $

Computer equipment $

ToT al $

Net book value as of 30 June 2014 represented by

Gross book value 23,984,349 8,825,868 2,127,171 500,000 1,187,752 36,625,140

Accumulated depreciation (602,391) (4,130,686) (810,379) (50,000) (910,213) (6,503,669)

Accumulated impairment losses

Closing net book value 23,381,958 4,695,182 1,316,792 450,000 277,539

30,121,471

Table (B): Reconciliation of the opening and closing balances of property, plant and equipment 2012 -13

land & buildings $

Motor vehicles $

plant & equipment $

library $

Computer equipment $

ToT al $

As at 1 July 2012

Gross book value 20,902,565 7,698,817 2,027,163 500,000 823,864 31,952,408

Accumulated depreciation / amortisation (496,593) (4,456,975) (626,484) (50,000) (702,658) (6,332,710)

Net book value 1 July 2012 20,405,972 3,241,842 1,400,679 450,000 121,206 25,619,698

Additions

Work-in-progress 543,748 - - - - 543,748

By purchase 1,069,984 1,704,660 211,908 - 269,887 3,256,439

Revaluation movements

Revaluation increments recognised in equity 1,408,703 - - - - 1,408,703

Depreciation expense (511,315) (979,272) (210,064) - (76,916) (1,777,567)

Disposals - gross Value (20,799) (847,679) - - (868,478)

Disposals - accumulated Depreciation - 847,679 - - - 847,679

Net book value 30 June 2013 22,896,293 3,967,230 1,402,523 450,000 314,177 29,030,222

Net book value 30 June 2013 represented by

Gross book value 22,896,293 8,555,799 2,239,071 500,000 1,093,751 35,284,913

Accumulated depreciation - (4,588,568) (836,548) (50,000) (779,574) (6,254,690)

Accumulated impairment losses

Closing net book value 22,896,293 3,967,231 1,402,523 450,000 314,177 29,030,223

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

135 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

note 7(d): inventory 2014

$

2013 $

Inventories not held for sale (cost):

Tyres 21,365 -

Total inventories 21,365 -

The value of inventories as at 30 June 2013 was $Nil. All inventories are expected to be utilised within 12 months.

noTe 8: payaBles

note 8(a): suppliers

2014 $

2013 $

Trade creditors 1,291,205 1,469,993

Sundry creditors and accruals 842,855 333,799

Total supplier payables 2,134,061 1,803,792

Supplier payables are expected to be settled within 12 months:

Related entities 51,800 45,540

External parties 2,082,261 1,758,252

Total 2,134,061 1,803,792

note 8(b): other payables

Salaries and wages 236,975 137,698

Total other payables 236,975 137,698

All payables are expected to be settled within 12 months.

noTe 9: provisions

note 9(a): employee provisions

2014 $

2013 $

Leave 3,326,769 3,262,216

aggregate employee entitlement liability 3,326,769 3,262,216

Employee provisions are expected to be settled in:

No more than 12 months 2,488,677 2,507,015

More than 12 months 838,092 755,201

Total employee provisions 3,326,769 3,262,216

Long service leave liabilities were calculated using the shorthand method as at 30 June 2014 as detailed in FMO 43.2.

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

136 CLC ANNUAL REPORT 2013-14

noTe 10: CasH floW reConCilia Tion note 10(a): reconciliation of net cost of services to net cash from operating activities:

2014 $

2013 $

Net cost of services (29,795,394) (33,960,761)

Add revenue from government 29,789,512 34,294,559

adjustments for non-cash items

Depreciation and amortisation 2,162,908 1,777,567

Gain on disposal of assets (210,317) (291,301)

Donated assets - 20,799

Impairment of assets 12,295 66,141

Reversal of impairment losses (9,147) (11,882)

Movements in assets and liabilities

Decrease / (Increase) in receivables 116,241 (226,715)

Decrease / (Increase) in inventory (21,365) 15,652

Increase / (Decrease) in employee provisions 64,553 654,170

Increase / (Decrease) in payables 429,547 260,749

net cash from (used by) operating activities 2,538,833 2,598,978

note 10(b): reconciliation of cash and cash equivalents as per balance sheet to cash flow statement

Cash balance comprises:

Cash on hand

- Petty cash 500 500

Cash at bank

- Operations 3,129,849 3,444,933

- Term deposits 7,000,000 8,000,000

- Office of Indigenous Policy Coordination (OIPC) account 877,938 67,859

Balance of cash as at 30 June 2014 shown in the statement of Cash flows 11,008,287 11,513,292

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

137 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

noTe 11: exeCuTive CoMMiTTee reMunera Tion

Total remuneration received or due and receivable by the Executive: 2014 $ 2013

$

Salaries and benefits 246,621 231,385

Superannuation contributions 29,024 24,039

275,645 255,424

The number of Executive members of the CLC included in these figures are shown below in the relevant remuneration bands:

$Nil - $29,999 15 18

$30,000 to $59,999 - 1

$120,000 to $179,999 1 1

$180,000 to $209,999 - -

Total number of Executive members of the CLC 16 20

The Executive is a committee of the CLC pursuant to s.29A of the ALRA. Executive members met 13 times this year. The superannuation guarantee contribution is paid where appropriate. The rates for Executive and chair remuneration are set by the Australian Government Remuneration Tribunal.

The names of the CLC Executive who held office during the year ended 30 June 2014 are:

M J Ryan - chair M Jones P Wilson

F Kelly - deputy chair N Kunoth-Monks B Tennyson

M Liddle T Long S Andeson (Retd)

G Barnes N Petrick S Clyne (Retd)

S Butcher V Forrester S Dempsey (Retd)

J Haines M Rubuntja V Lynch (Retd)

H Nelson M Ray M Ross (Retd)

P Wilyuka (Retd) D Williams (Retd) P Simpson (Retd)

noTe 12: rela TeD par Ty DisClosure There were no loans or grants made to directors or director-related entities during the period. All transactions with directors or director-related entities were made on normal terms and conditions. In cases where transactions occurred, the directors took no part in relevant decisions.

The CLC holds three fully paid ordinary shares issued at $1.00 each in Centrecorp Aboriginal Investment Corporation Pty Ltd (‘Centrecorp’), the trustee of two charitable trusts. Centrecorp itself does not have financial transactions or prepare financial statements. The deeds of both charitable trusts exclude the CLC as a shareholder to benefit from the trusts and precludes the deeds from being amended to ever allow such a benefit. As a result the CLC does not control or have influence over these entities. The fair value of the three shares is zero.

The CLC holds one fully paid share valued at $1.00 Imparja Television Pty. Ltd. The constitution of Imparja Television Pty Ltd paragraph 48 (a) states ‘surplus shall not be distributed to the members.’ The CLC does not control or have influence over the entity. The fair value of the share is zero.

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

138 CLC ANNUAL REPORT 2013-14

noTe 13: senior exeCuTive reMunera Tion

13(a): senior executive remuneration expense for the reporting period

2014 $

2013 $

short-term employee benefits:

Salary (including annual leave taken) 657,813 956,260

Performance bonus - -

Other 21,973 37,788

Total short-term employee benefit 679,786 994,048

post-employment benefits:

Superannuation (post-employment benefits) 100,253 91,774

Total post-employment benefits 100,253 91,774

other long-term benefits:

Annual leave accrued 26,597 122,093

Long service leave 21,921 (37,092)

Total other long-term benefits 48,518 85,001

Total 828,557 1,170,822

Note 13(a) was prepared on an accrual basis. No bonuses were paid or are payable. Prior year comparatives have been amended in line with the definition of ‘senior executive’ in Finance Ministers Orders (FMO) 23.1. It also excludes acting arrangements and part-year service where total remuneration expensed as a senior executive was less than $195,000.

note 13(b): a verage annual reportable remuneration paid to substantive senior executives during the reporting period

Average annual reportable remuneration paid to substantive senior executives in 2014

average annual reportable remuneration

senior

executives no.

reportable salary $

Contributed superannuation $

reportable allowances $

Bonus paid $

Total $

Total reportable remuneration (including part-time arrangements):

less than $195,000 1 169,974 18,332 2,411 190,717

$195,001 to $224,999 1 188,699 22,319 4,604 215,622

$225,000 to $254,999 1 213,480 31,913 4,858 250,251

$255,000 to $284,999 - - - - - -

Above $285000 1 265,639 46,020 2,506 314,165

Total number of substantive senior executives 4

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

139 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

Average annual reportable remuneration paid to substantive senior executives in 2013

average annual reportable remuneration

senior

executives no.

reportable salary $

Contributed superannuation $

reportable allowances $

Bonus paid $

Total $

Total reportable remuneration (including part-time arrangements):

less than $195,000 2 145,497 18,289 3,318 167,104

$195,001 to $224,999 1 189,538 22,605 4,694 216,837

$225,000 to $254,999 1 228,267 7,050 1,390 236,707

$255,000 to $284,999 1 252,519 29,824 2,475 284,818

Above $285,000 - - - - - -

Total number of substantive senior executives 5

1. This table reports on substantive senior executives who received remuneration during the reporting period. Each row represents an average figure based on headcount for individual in the band.

2. Reportable salary include the following: a) gross payments (less any bonuses paid, which are separated out and disclosed in the ‘bonus paid’ column) b) reportable fringe benefits (at the net amount prior to ‘grossing up’ to account for tax purposes) c) Reportable employer superannuation contribution d) exempt foreign employment income.

3. The ‘contributed superannuation’ amount is the average cost to the entity for the provision of superannuation benefits to substantive senior executives in that reportable remuneration band during the reporting period.

4. ‘Reportable allowances’ are the average actual allowances paid as per the ‘total allowances’ line on individuals’ payment summaries.

5. There were no bonus payments to CLC employees during the financial year.

noTe 14: reMunera Tion of auDiTors

2014 $

2013 $

Remuneration to auditors for the reporting period are as follows:

Australian National Audit Office (ANAO) - for statutory audit 51,800 50,200

Merit Partners Pty Ltd - for acquittal of grants 40,500 41,450

PriceWaterhouseCoopers for auditing the accounts of Associations assisted by the Land Council 84,000 85,045

176,300 176,695

The audit fees above report the costs associated with auditing each financial year.

The CLC incurs the cost of an audit on each of the Aboriginal corporations, trusts and companies for which the Aboriginal Associations Management Centre (AAMC) assists. Subsequently these costs are covered by fees charged to the associations. PriceWaterhouseCoopers continues to perform the audits and some tax agent services for these entities.

No other services were provided by the ANAO during the reporting period.

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

Note 13(b): Average annual reportable remuneration paid to substantive senior executives during the reporting period

140 CLC ANNUAL REPORT 2013-14

noTe 15: lanD use TrusT aCCounT

The CLC maintains a Land Use Trust Account. Monies received on behalf of the associations of Aboriginal people and individuals in accordance with Section 35 of the ALRA, are held in the Land Use Trust Account and are disbursed in accordance with the terms of the trust. These monies are not available for other purposes of the CLC, and are not recognised in the financial statements.

2014 $

2013 $

Opening balance 33,212,642 13,998,775

add receipts

Subsection 64(1) & (3) statutory royalty equivalents 157,856 250,896

Section 42,43,44,46,48a & 48d negotiated monies 15,299,359 9,740,171

Section 15,16,19 & 20 rental and lease monies 6,341,473 6,250,245

National Emergency Response Act 2007 (NT) 14,739 18,361,385

Other monies 3,043,387 2,812,697

Total receipts 24,856,815 37,415,394

Deduct payments

Section 35(2) statutory royalty equivalents 157,856 250,896

Section 35(3) negotiated payments 14,996,778 9,795,601

Section 35(4) rental and lease monies 4,818,843 4,137,140

National Emergency Response Act 2007 (NT) 6,543,199 3,268,985

Other payments 1,716,473 748,905

Total payments 28,233,150 18,201,527

Closing balance 29,836,307 33,212,642

Cash at bank and term deposits 29,836,307 33,212,642

note 15(a): Details of amounts paid - s.35(2)

Details of amounts paid as required by Section 37(4) ALRA: 2013 / 2014 2012 / 2013

Ngurratjuta Pmara Ntjarra Aboriginal Corporation 157,892 250,896

157,892 250,896

Determinations under s. 35(2) - both made 24 august 2011 That all money paid to it under subsection 64(3) in respect of that area affected by the Palm Valley and Mereenie Oil / Gas Field operations shall be paid, within six months of its receipt by the CLC to the Ngurratjuta / Pmara Ntjarra Aboriginal Corporation (ICN - 414).

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

141 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

note 15(b): Details of amounts paid - s.35(4a) Details of amounts paid as required by Section 35(4A) ‘Accountable Amounts’ ALRA. Rent paid by the Director of National Parks under the lease of the Uluru-Kata Tjuta National Aboriginal Corporation.

2013-14

Centre for Appropriate Technology 3,397

CASA Leisure Pty Ltd 15,557

CASA Leisure Pty Ltd 7,500

Centre for Appropriate Technology 20,788

Centre for Appropriate Technology 15,814

Community Development CMUT01 13,000

Community Development 5,761

CAT Project 3,285

CAT Project 180

Centre for Appropriate Technology 214,729

Solar System 7,500

Western Desert NWPT 24,900

CAT Project 23,978

Tangetyere Construction 16,790

Centre for Appropriate Technology 54,996

Principals Australia Inc 18,182

CAT Project 9,920

Community Development CURM01 to CURM05 235,798

692,075

noTe 16: speCial purpose ConTraCTs

2014 $

2013 $

statement of completion for special purpose contracts

revenue received in advance but not yet spent

Contract contributions unexpended at 30 June 2014 (refer Note 4(g) for revenue disclosure) 2,772,789 4,038,957

Closing balance unexpended grants 2,772,789 4,038,957

The total balance of unexpended grants as at 30 June 2014 is $2,772,789, of which $1,461,049 relates to revenue recognised in the 2013 -14 financial year. The revenue received in advance but not yet spent represents recognised revenue (in line with AASB 1004) for which there will be outflows in the following year (services not yet performed). The closing balance represents future year expected cash outflows relating to current or prior year revenue recognised.

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

142 CLC ANNUAL REPORT 2013-14

noTe 17: finanCial insTruMenTs

note 17(a): Categories of financial instruments

financial assets

2014 $

2013 $

Loans and receivables

Cash on hand or on deposit 11,008,287 11,513,292

Trade and other receivables - net of impairment losses 592,094 660,923

Total 11,600,381 12,174,215

Carrying amount of financial assets 11,600,381 12,174,215

financial liabilities

At amortised cost

Trade creditors 1,291,205 1,469,993

Sundry creditors and accruals 842,855 333,799

Total 2,134,061 1,803,792

Carrying amount of financial liabilities 2,134,061 1,803,792

The carrying amounts are a reasonable approximation of fair value due to their short-term nature. The majority of the financial assets / liabilities above are short-term payables and receivables. The CLC has not transferred financial assets in which it has retained an interest. Trade and other receivables of $592,094 (2013: $660,923) have been reduced by GST receivable of $83,679 (2013: $134,239). The amount has also been reduced by allowances for impairment amounting to $91,332 in 2014 (2013: $90,137).

note 17(b): net income and expenses from financial assets and liabilities

loans and receivables

Interest revenue (see note 4(b)) 499,189 614,299

Net gain / (loss) loans and receivables 499,189 614,299

net gain / (loss) from financial assets 499,189 614,299

There was no income or expense to be recognised from financial liabilities of the CLC.

note 17(c): Credit risk Cash at the bank and receivables for goods and services represent the total exposure of the CLC to credit risk. The CLC is exposed to minimal credit risk as the majority of receivables are short term; are due under legislation or contract; or are receivable from the Australian Taxation Office in the form of a GST refund. An ageing analysis can be found at Note 6(b).

All bank accounts and term deposits are held with one of Australia’s ‘Big 4’ banks. The CLC has a concentration of credit risk with National Australia Bank (NAB) as CLC’s bank accounts and term deposits are held with NAB.

All debtors are unsecured and as such, the carrying value of the net receivables represents the amount exposed to credit risk. The CLC holds no collateral to mitigate against credit risk.

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

143 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

Credit quality of financial instruments not past due or individually determined as impaired

Note 17(b): Net income and expenses from financial assets and liabilities

not past due nor impaired 2014 $

not past due nor impaired 2013 $

past due or

impaired 2014 $

past due or

impaired 2013 $

Trade receivables 245,644 138,053 403,119 544,232

Interest receivable 34,663 68,776 - -

Total 280,307 206,829 403,119 544,232

Ageing of financial assets that were past due but not impaired 2014 $

2013 $

- less than 30 days 59,866 46,183

- 31 to 60 days 160,145 399,740

- 61 to 90 days 14,893 4,398

- more than 90 days 76,883 3,774

311,787 454,095

note 17(d): liquidity risk and market risk The CLC’s financial liabilities are suppliers payables. The CLC in its present form with its present programs is dependent on government policy and on continuing appropriations by Parliament. The CLC manages its budget to ensure it has adequate funds to meet payments as they fall due. Financial liabilities at 30 June 2014 of $2,134,061 (2013: $1,803,792) are all current liabilities (due within 1 year).

There is no market risk relating to the CLC’s financial assets or liabilities.

note 17(e): interest rate risk The CLC’s sensitivity to movement in interest rates in relation to the nature of interest bearing assets in 2014 has been assessed as 1% (100 basis points). Based on cash as at 30 June 2014, movement of 1% would equate to a $110,082 increase / decrease in profit and corresponding increase / decrease in equity (2013: $115,128 increase or decrease in profit or increase / decrease in equity).

noTe 18: ConTingenT liaBiliTies At 30 June 2014, the CLC had no significant legal claims in progress. Where quantifiable costs exist, accruals have been raised.

noTe 19: f air v alue MeasureMenT The different levels of the fair value hierarchy are defined below:

Level 1: Quoted prices (unadjusted) in active markets for identical assets or liabilities that the entity can access at measurement date.

Level 2: Inputs other than qoted prices included within Level 1 that are observable for the assets or liability, either directly or indirectly.

Level 3: Unobservable inputs for the asset or liability.

The CLC determines fair value for its non-financial assets using the level 2 and 3 inputs in the fair value hierarchy.

The following table disclose the fair value at 30 June 2014 and the valuation techniques used to derived its fair value:

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

144 CLC ANNUAL REPORT 2013-14

fair value measurement -

valuation technique & input used for non-financial assets

fair value $ Category v aluation technique input used & range

non-financial asets

Land and buildings

Freehold land 4,670,390 Level 2 - Market-based valuation

of a direct comparatives

Building on freehold land

12,556,122 Level 2 - Capitalisation on an assume income based on comparative properties

Work in progress 239,889 Level 3 - Depreciated replacement

cost

- Replacement cost based on comparable price of modern equivalent

Building on leasehold land 5,915,557 Level 3 - Depreciated replacement cost - Remaining useful life of the building on a

leasehold land - Replacement cost based on comparable price of

modern equivalent

infrastructure plant and equipment

Motor vehicles 4,695,184 Level 3 Market comparables - Market buying / selling

price - Residual value of about 10-15% costs - Remaining useful lives of

3 to 4 years

Plant and equipment 1,316,790 Level 3 - Depreciated replacement cost - Remaining useful lives of 3 to 10 years

- Replacement cost based on comparable price of modern equivalents

Computer equipment 277,539 Level 3 - Depreciated replacement cost - Remaining useful lives of 3 to 10 years

- Replacement cost based on comparable price of modern equivalents

Library 450,000 Level 3 - Depreciated replacement

cost

- Replacement cost based on comparable price of modern equivalents

Total non-financial assets 30,121,471

The fair value of the CLC’s freehold land and and building, including work-in-progress, as at 30 June 2014 has been determined and approved by the CLC using the basis of of the valuation carried out by Maloney Asset Services as at 30 June 2013, which is a certified practising valuer and with relevant experience in the valuation of property in Alice Springs. The independent valuer provide the fair value of the freehold land and building every two years. The fair value measurement for the freehold land and building has been categorised as Level 2 fair value based on the valuation technique noted above.

CENTRAL LAND COUNCIL noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

145 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

The fair value of the CLC’s building on leasehold land as at 30 June 2014 has also been determined and approved by the CLC using the basis of of the valuation carried out by Maloney Asset Services as at 30 June 2013. The fair value measurement for the building on leasehold land has been categorised as Level 3 fair value based on the inputs of the valuation technique (see above).

For those infrastructure, plant and equipment that are carried at cost, their cost approximates their fair market value. The highest and best use of the infrastructure, plant and equipment approximates its current use.

The reconciliations for the recuring level 2 and 3 fair market value measurements of land and building and infrastructure, plant and equipment are detailed in Note 7.

There were no change in valuation technique used by CLC during the year.

146 CLC ANNUAL REPORT 2013-14

147 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

148 CLC ANNUAL REPORT 2013-14

149 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

CENTRAL LAND COUNCIL NATIVE TITLE REPRESENTATIVE BODY

sT aTeMenT of CoMpreHensive inCoMe for THe year enDeD 30 June 2014

noTes

2014 $

2013 $

neT CosT of serviCes

expense

Employees and Council members 3(a) 1,743,350 1,874,602

Suppliers 3(b) 1,413,018 1,493,253

Depreciation 3(c) 165,327 98,393

ToT al expenses 3,321,695 3,466,248

less:

oWn-sourCe inCoMe

Own-source revenue

Sale of goods and rendering of services 4(c) 3,825 27,743

Interest 4(b) 22,948 32,016

Total own-source revenue 26,773 59,759

Gains

Gains from disposal of assets 4(d) 70,583 91,818

Total gains 70,583 91,818

Total own-source Income 97,356 151,577

Net (cost of) services (3,224,339) (3,314,671)

Revenue from government 4(a) 4,033,650 3,325,000

Surplus attributable to the Australian Government 809,311 10,329

oTHer CoMpreHensive inCoMe

Changes in asset revaluation reserves - -

Total other comprehensive income / (loss) - -

Total comprehensive income attributable to the australian government 809,311 10,329

150 CLC ANNUAL REPORT 2013-14

CENTRAL LAND COUNCIL NATIVE TITLE REPRESENTATIVE BODY

sT aTeMenT of finanCial posiTion as a T 30 June 2014

noTes

2014 $

2013 $

asseTs

Financial assets

Cash 10 877,938 67,858

Total financial assets 877,938 67,858

non-financial assets

Infrastructure, plant and equipment 6(a) 535,370 552,834

Total non-financial assets 535,370 552,834

Total assets 1,413,308 620,692

liaBiliTies

Provisions

Employee provisions 7(a) 349,210 365,905

Total provisions 349,210 365,905

Total liabilities 349,210 365,905

neT asseTs 1,064,098 254,787

equiTy

Asset revaluation reserve 14,288 14,288

Retained surplus 1,049,810 240,499

Total equity 1,064,098 254,787

151 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

CENTRAL LAND COUNCIL NATIVE TITLE REPRESENTATIVE BODY

sT aTeMenT of CHanges in equiTy for THe year enDeD 30 June 2014

retained surplus / (loss)

asset revaluation reserve ToT al equiTy

2014 $

2013 $

2014 $

2013 $

2014 $

2013 $

Opening balance 240,499 230,170 14,288 14,288 254,787 244,458

Other comprehensive income

Surplus for the period 809,311 10,329 - - 809,311 10,329

Total comprehensive income 809,311 10,329 - - 809,311 10,329

Closing balance as at 30 June 2014 1,049,810 240,499 14,288 14,288 1,064,098 254,787

152 CLC ANNUAL REPORT 2013-14

CENTRAL LAND COUNCIL NATIVE TITLE REPRESENTATIVE BODY

CasH floW sT aTeMenT for THe year enDeD 30 June 2014

notes

2014 $

2013 $

operating activities

Cash received

Revenue from government 4(a) 4,033,650 3,325,000

Interest 4(b) 22,948 32,016

Sales of goods and rendering of services 4(c) 3,825 27,743

Total cash received 4,060,423 3,384,759

Cash used

Employees 3(a) 1,760,044 1,809,396

Suppliers 3(b) 1,413,018 1,493,253

Total cash used 3,173,062 3,302,649

Net cash from operating activities 8 887,361 82,110

investing activities

Cash received

Proceeds from sales of property, plant & equipment 98,182 91,818

Total cash received 98,182 91,818

Cash used

Purchase of property, plant & equipment 6(b) 175,463 268,808

Total cash used 175,463 268,808

net cash used in investing activities (77,281) (176,990)

Net decrease in cash held 810,080 (94,880)

Cash at the beginning of the reporting period 67,858 162,738

Cash at the end of the reporting period 10 877,938 67,858

153 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

CENTRAL LAND COUNCIL NATIVE TITLE REPRESENTATIVE BODY

sCHeDule of CoMMiTMenTs as a T 30 June 2014

2014 $

2013 $

By Type

Commitments payable

Capital commitments

Motor vehicle - -

Total capital commitments - -

net commitments by type - -

By Ma TuriTy

Commitments payable

Capital commitments

One year or less - -

Total capital commitments - -

net commitments by maturity - -

NB: Commitments are GST inclusive where relevant.

There were no commitments receivable or operating lease commitments as at 30 June 2014.

154 CLC ANNUAL REPORT 2013-14

noTe 1: suMMary of signifiCanT aCCounTing poliCies

1.1 overview The Central Land Council (CLC) is a Native Title Representative Body (NTRB) as prescribed in the Native Title Amendment Act 1998 (the Native Title Act) and a Land Council under the Aboriginal Land Rights (Northern Territory) Act 1976 (the Land Rights Act). It is a not-for-profit entity. Since being recognised as an NTRB, the CLC has performed the functions of the NTRB in association with other CLC functions. The CLC has reporting requirements specified in the Native Title Amendment Act 1998, Commonwealth Authorities and Companies Act 1997 (schedule 1) and through Finance Minister’s Orders (FMOs).

The NTRB is dependent on the continued release of these funds for its continued existence and ability to carry out its normal activities. The funding conditions of the NTRB are laid down by the Native Title Act, and any special purpose grant guidelines. Accounting for monies received from Department of The Prime Minister and Cabinet (PM&C) is subject to conditions approved by the Land Rights Branch.

1.2 Basis of preparation of the financial report The financial statements of the CLC as an NTRB are required by Section 203DC (4) of the Native Title Amendment Act 1998 and are general purpose financial statements.

The financial statements have been prepared in accordance with:

• FMOs for reporting period ended on or after 1 July 2011

• Australian Accounting Standards, including Australian Accounting Interpretations, and other authoritative pronouncements of the Australian Accounting Standards Board (AASB) that apply for the reporting period.

The CLC as an NTRB has prepared the Statement of Comprehensive Income, Statement of Financial Position and Cashflow Statement applicable to the NTRB operation and function. All NTRB account balances have been identified from within the CLC financial information and accurately extracted from the CLC accounts, representing the completeness and existence of all assets and liabilities of the NTRB. The CLC maintains an NTRB revenue and expenditure cost centre and the Statement of Comprehensive Income is a complete and accurate record of NTRB revenue and expenditure.

The NTRB Statement of Comprehensive Income and Statement of Financial Position have been prepared on an accrual basis and are in accordance with historical cost convention. Except where stated, no allowance is made for the effect of changing prices on the results or the financial position. The financial report is prepared in Australian dollars.

Unless an alternative treatment is specifically required by an Accounting Standard or directed by an FMO, assets and liabilities are recognised in the NTRB Balance Sheet when and only when it is probable that future economic benefits will flow to the NRTB or a future sacrifice of economic benefit will be required and the amounts of the assets or liabilities can be reliably measured. However, assets and liabilities arising under executory contracts are not recognised unless required by an accounting standard. Liabilities and assets that are unrecognised are reported in the schedule of commitments or the schedule of contingencies.

Unless alternative treatment is specifically required by an accounting standard, income and expenses are recognised in the NTRB Statement of Comprehensive Income when, and only when, the flow, consumption or loss of economic benefits has occurred and can be reliably measured.

1.3 significant accounting judgements and estimates In the process of applying the accounting policies listed in the notes, the NTRB has not made judgements that have the most significant impact on the amounts recorded in the financial statements.

No accounting assumptions or estimates have been identified that have a significant risk of causing a material adjustment to carrying amounts of assets and liabilities within the next accounting period.

1.4 new accounting standards Adoption of new Australian Accounting Standard requirements No accounting standard has been adopted earlier than the applicable dates as stated in standard.

New standards / revised standards / interpretations/ amending standards issued prior to the sign-off date applicable to the current reporting period did not have a financial impact on the NTRB and are not expected to have future financial impact on the NTRB.

The following table summarises the standards and interpretations that have become applicable during the year ended 30 June 2014 and have been adopted by the NTRB.

CLC NATIVE TITLE REPRESENTATIVE BODY noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

155 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

1.5 revenue The revenues described in this note are revenues relating to the core operating activities of the NTRB:

• Revenue from the sale of goods is recognised when:

- the risks and rewards of ownership have been transferred to the buyer

- the NTRB retains no managerial involvement or effective control over the goods

- the revenue and transaction costs incurred can be reliably measured

- it is probable that the economic benefits associated with the transaction will flow to the entity.

• Interest revenue is recognised using the effective interest rate method as set out in AASB 139 Financial Instruments, Recognition and Measurement.

• Receivables for goods and services, which have 30 days credit term, are recognised at the nominal

aasBs and interpretations

applicable from reporting period date

AASB 13 Fair Value Measurement (and consequential amendment AASB 2011-8) provides a single source of guidance for determining the fair value of assets and liabilities measured at fair value.

1 July 2013

AASB 2012-2 Amendments to Australian Accounting Standards - Disclosures - Offsetting Financial Assets and Financial Liabilities, which principally amends AASB 7 Financial Instruments: Disclosures to require disclosure of the effect or potential effect of netting arrangements, including rights of set-off associated with the CLC’s recognised financial assets and recognised financial liabilities, on the CLC’s financial position, when all the offsetting criteria of AASB 132 are not met.

1 July 2013

Future Australian Accounting Standard requirements The following new standards / revised standards / Interpretations / amending standards were issued by the Australian Accounting Standards Board prior to the sign-off date, which are not expected to have a material financial impact on the CLC for future reporting periods:

operative date

AASB 9 Financial instruments - December 2013 (compilation) 1 Jan 2017

AASB 2010-7 Amendments to Australian Accounting Standards arising from AASB 9 (December 2010) [AASB 1, 3, 4, 5, 7, 101, 102, 108, 112, 118, 120, 121, 127, 128, 131, 132, 136, 137, 139, 1023 & 1038 and Interpretations 2, 5, 10, 12, 19 & 127]

1 Jan 2015

AASB 2012-3 Amendments to Australian Accounting Standards - Offsetting Financial Assets and Financial Liabilities [AASB 132] 1 Jan 2014

AASB 2013-3 Amendments to AASB 136 - Recoverable Amount Disclosures for Non-Financial Assets 1 Jan 2014

AASB 2013-5 Amendments to Australian Accounting Standards - Investment Entities [AASB 1, AASB 3, AASB 7, AASB 10, AASB 12, AASB 107, AASB 112, AASB 124, AASB 127, AASB 132, AASB 134 & AASB 139]

1 Jan 2014

AASB 2013-8 Amendments to Australian Accounting Standards - Australian Implementation Guidance for Not-for-Profit Entities - Control and Structured Entities [AASB 10, AASB 12 & AASB 1049]

1 Jan 2014

AASB 2013-9 Amendments to Australian Accounting Standards - Conceptual Framework, Materiality and Financial Instruments

[Operative dates: Part A Conceptual Framework - already effective; Part B Materiality - 1 Jan 2014; Part C Financial Instruments - 1 Jan 2015]

Refer title

CLC NATIVE TITLE REPRESENTATIVE BODY noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

156 CLC ANNUAL REPORT 2013-14

amounts due less any impairment allowance account. Collectability of debts is reviewed at the end of the reporting period. Allowances are made when collectability of the debt is no longer probable.

• Revenue from disposal of non-current assets is recognised when control of the asset has passed to the buyer.

• Revenue from the rendering of a service, other than those contributions on receipt as per AASB 1004, is recognised by reference to the stage of completion of the contract to provide the service at the reporting date. The revenue is recognised when:

- the amount of revenue, stage of completion and transaction costs incurred can be reliably measured

- the probable economic benefits associated with the transaction will flow to the NTRB.

The stage of completion of the contract at the reporting date is determined according to the proportion that costs incurred to date bear to the estimated total costs of the transaction.

Resources received free of charge Resources received free of charge are recognised as revenue when and only when a fair value can be reliably determined and the services would have been purchased if they had not been donated. Use of those resources is recognised as an expense. Resources received free of charge are recognised as either revenues or gains depending on their nature.

Contributions of assets at no cost of acquisition or for nominal consideration are recognised as gains at their fair value when asset qualifies for recognition, unless received from another government agency or authority as a consequence of a restructuring of administrative arrangements.

Program funding agreements Most agreements require the grantee to perform services or provide facilities, or to meet eligibility criteria. Receipts from agreements are recognised as income when received. Where agreement funds have been paid in advance had a stand-ready obligation to return unspent funds, a liability is recognised.

Revenues from government Funding received or receivable from agencies (appropriated to the agency as a CAC Act body payment item for payment to the CLC) is recognised as revenue from government unless they are in the nature of an equity injection or a loan. These are recognised at the time the CLC becomes entitled to the

funding or as contribution on receipt as per AASB 1004 Contributions.

1.6 gains

Resources received free of charge Resources received free of charge are recognised as gains when, and only when, a fair value can be reliably determined and the services would have been purchased if they had not been donated. Use of those resources is recognised as an expense.

Contributions of assets at no cost of acquisition or for nominal consideration are recognised as gains at their fair value when the asset qualifies for recognition, unless received from another government agency or authority as a consequence of a restructuring of administrative arrangements.

Resources received free of charge are recorded as either revenue or gains depending on their nature.

Sale of assets Gains from disposal of assets are recognised when control of the asset has passed to the buyer.

1.7 employee benefits

Employee benefits Liabilities for ‘short-term employee benefits’ (as defined in AASB 119 Employee Benefits) and termination benefits due within twelve months of the end of reporting period are measured at their nominal amounts.

The nominal amount is calculated with regard to the rates expected to be paid on settlement of the liability.

Leave The liability for employee benefits includes provisions for annual leave and long service leave. No provision has been made for sick leave as it is non-vesting and the average sick leave taken in future years by employees of the NTRB is estimated to be less than the annual entitlement for sick leave.

The leave liabilities are calculated on the basis of employees’ remuneration, at the estimated salary rates that will be applied at the time leave is taken, including the NTRB’s employer superannuation contribution rates to the extent that the leave is likely to be taken during service rather than paid out on termination.

The estimate of the present value of the long service leave liability takes into account attrition rates and pay increases through promotion and inflation.

CLC NATIVE TITLE REPRESENTATIVE BODY noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

157 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

Separation and redundancy Provision is made for separation and redundancy benefit payments. The NTRB recognises a provision for termination when it has developed a detailed formal plan for the terminations and has informed those employees affected that it will carry out the terminations.

Superannuation The majority of employees of the CLC are members of Acumen Superannuation Fund. The CLC makes employer contributions to the Acumen superannuation fund at the rate of 12.5% paid on monthly basis. The CLC as an NTRB complies with the requirements of the superannuation choice legislation.

The liability for superannuation recognised as at 30 June represents outstanding contributions for the last month of the year.

1.8 leases A distinction is made between finance leases and operating leases. Finance lease effectively transfer from the lessor to the lessee substantially all the risks and rewards incidental to ownership of leased assets. An operating lease is a lease that is not finance lease. In operating leases, the lessor effectively retains substantially all such risks and benefits.

Where an asset is acquired by means of a finance lease, the asset is capitalised at either the fair value of the lease property or, if lower, the present value of minimum lease payments at the inception of the contract and a liability is recognised at the same time and for the same amount.

The discount rate used is the interest rate implicit in the lease. Leased asset are amortised over the period of the lease. Lease payments are allocated between the principal component and the interest expense.

Operating lease payments are expensed on a basis which is representative of the pattern of benefits derived from the leased assets.

1.9 Borrowing costs All borrowing costs are expensed as incurred.

1.10 Cash Cash includes notes and coins held at bank. Cash is recognised at its nominal amount.

1.11 financial assets The NTRB classifies its financial assets in the following categories:

• held-to-maturity investments

• loans and receivables.

The classification depends on the nature and purpose of the financial assets and is determined at the time of initial recognition. Financial assets are recognised and derecognised upon ‘trade date’.

Effective interest method The effective interest method is a method of calculating the amortised cost of a financial asset and of allocating interest income over the relevant period. The effective interest rate is the rate that exactly discounts estimated future cash receipts through the expected life of the financial asset, or, where appropriate, a shorter period.

Income is recognised on an effective interest rate basis except for financial assets that are recognised at fair value through profit or loss.

Held-to-maturity investments Non-derivative financial assets with fixed or determinable payments and fixed maturity dates that the NTRB has the positive intent and ability to hold to maturity are classified as held-to-maturity investments. Held-to-maturity investments are recorded at amortised cost using the effective interest method less impairment, with revenue recognised on an effective yield basis.

Loans and receivables Trade receivables, loans and other receivables that have fixed or determinable payments that are not quoted in an active market are classified as ‘loans and receivables’. Loans and receivables are measured at amortised cost using the effective interest method less impairment. Interest is recognised by applying the effective interest rate.

Impairment of financial assets Financial assets are assessed for impairment at the end of each reporting date.

• Financial assets held at amortised cost - If there is objective evidence that an impairment loss has been incurred for loans and receivables or held to maturity investments held at amortised cost, the amount of the loss is measured as the difference between the asset’s carrying amount and the present value of estimated future cash flows discounted at the asset’s original effective interest rate. The carrying amount is reduced by way of an allowance account. The loss is recognised in the Statement of Comprehensive Income.

• Financial assets held at cost - If there is objective evidence that an impairment loss has been incurred,

CLC NATIVE TITLE REPRESENTATIVE BODY noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

158 CLC ANNUAL REPORT 2013-14

the amount of the impairment loss is the difference between the carrying amount of the asset and the present value of the estimated future cash flows discounted at the current market rate for similar assets.

1.12 financial liabilities Financial liabilities are classified as either financial liabilities ‘at fair value through profit or loss’ or other financial liabilities. Financial liabilities are recognised and derecognised upon ‘trade date’.

Financial liabilities at fair value through profit or loss Financial liabilities at fair value through profit or loss are initially measured at fair value. Subsequent fair value adjustments are recognised in profit or loss. The net gain or loss recognised in profit or loss incorporates any interest paid on the financial liability.

Other financial liabilities Other financial liabilities, including borrowings, are initially measured at fair value, net of transaction costs. These liabilities are subsequently measured at amortised cost using the effective interest method, with interest expense recognised on an effective yield basis.

The effective interest method is a method of calculating the amortised cost of a financial liability and of allocating interest expense over the relevant period. The effective interest rate is the rate that exactly discounts estimated future cash payments through the expected life of the financial liability, or, where appropriate, a shorter period.

Supplier and other payables are recognised at amortised cost. Liabilities are recognised to the extent that the goods or services have been received (and irrespective of having been invoiced).

1.13 Contingent liabilities and contingent assets Contingent liabilities and contingent assets are not recognised in the Balance Sheet but are reported in the relevant schedules and notes. They may arise from uncertainty as to the existence of a liability or asset or represent an asset or liability in respect of which the amount cannot be reliably measured. Contingent assets are disclosed when settlement is probable but not virtually certain and contingent liabilities are disclosed when settlement is greater than remote.

1.14 acquisition of assets Assets are recorded at cost on acquisition except as stated below. The cost of acquisition includes the fair value of assets transferred in exchange and liabilities undertaken. Financial assets are initially measured at their fair value plus transaction costs where appropriate.

Assets acquired at no cost, or for nominal consideration, are initially recognised as assets and revenues at their fair value at the date of acquisition, unless acquired as a consequence of restructuring of administrative arrangements. In the latter case, assets are initially recognised as contributions by owners at the amounts at which they were recognised in the transferor’s accounts immediately prior to the restructuring.

1.15 property, plant and equipment Asset recognition threshold Purchases of property, plant and equipment are recognised initially at cost in the Balance Sheet, except for purchases costing less than $2,000 which are expensed in the year of acquisition (other than where they form part of a group of similar items which are significant in total).

The initial cost of an asset includes an estimate of the cost of dismantling and removing the item and restoring the site on which it is located, including any necessary make good provisions.

Revaluations Fair values for each class of asset are determined as shown below:

asset class fair value measured at:

Infrastructure, plant & equipment Market selling price

Motor vehicles Market selling price

Assets that are surplus to requirement are measured at their net realisable value. At 30 June 2014 the NTRB held no surplus assets (30 June 2013: $0).

Following initial recognition at cost, infrastructure, plant and equipment are carried at fair value less subsequent accumulated depreciation and accumulated impairment losses. Formal revaluations are at fair value, being revalued with sufficient frequency to ensure that the carrying amount of assets is not materially different, as at reporting date, from its fair value. The regularity of independent valuations depends upon the volatility of movements in the market value of the relevant assets.

Revaluation adjustments are made on a class basis. Any revaluation increment is credited to equity under

CLC NATIVE TITLE REPRESENTATIVE BODY noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

159 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

the heading of asset revaluation reserve except to the extent that it reverses a previous revaluation decrement of the same asset class that was previously recognised in the surplus / deficit. Revaluation decrements for a class of assets are recognised directly in the surplus / deficit except to the extent that they reverse a previous revaluation increment for that class.

Any accumulated depreciation as at the revaluation date is eliminated against the gross carrying amounts of the assets and the asset restated to the revalued amount.

Frequency Infrastructure, plant and equipment is subject to a formal valuation at a minimum of every five years. The CLC (as an NTRB) policy is for formal valuations to be carried out by an independent qualified valuer. Between formal valuations assets are assessed for movements in fair value.

Depreciation Depreciable property, plant and equipment assets are written-off to their estimated residual values over their estimated useful lives to the NTRB using, in all cases, the straight-line method of depreciation.

Depreciation rates (useful lives), residual values and methods are reviewed at each reporting date and necessary adjustments are recognised in the current, or current and future reporting periods, as appropriate.

Depreciation rates applying to each class of depreciable asset are based on the following useful lives:

2014 2013

Motor vehicles 4 years 3 years

Plant and equipment 3 to 10 years 3 to 10 years

The revalued amount of property, plant and equipment is depreciated for the remaining life of the property.

The aggregate amount of depreciation allocated for each class of asset during the reporting period is disclosed in Note 6(b).

During the year NTRB reviewed estimated residual value and useful life of motor vehicles. The change in estimates resulted in a reduction in depreciation charge of $65,684 for the year 2012-13.

Impairment All the assets were assessed for impairment at 30 June 2014. Where indications of impairment exist, the assets recoverable amount is estimated and an impairment adjustment is made if the asset’s recoverable amount is less than its carrying amount.

CLC NATIVE TITLE REPRESENTATIVE BODY noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

The recoverable amount of an asset is the higher of its fair value less costs to sell and its value in use. Value in use is the present value of the future cash flows expected to be derived from the asset. Where the future economic benefit of an asset is not primarily dependent on the asset’s ability to generate future cash flows, and the asset would be replaced if The NTRB were deprived of the asset, its value in use is taken to be its depreciated replacement cost.

Derecognition An item of property, plant and equipment is derecognised upon disposal or when no further future economic benefits are expected from its use or disposal.

1.16 Taxation / competitive neutrality The NTRB is exempt from all forms of taxation except fringe benefits tax and the goods and services tax (GST).

Revenues, expenses and assets are recognised net of GST except:

• where the amount of GST incurred is not recoverable from the Australian Taxation Office

• for receivables and payables.

noTe 2: evenTs afTer THe BalanCe sHeeT Da Te There were no significant events after balance date.

160 CLC ANNUAL REPORT 2013-14

noTe 3: expenses note 3(a): employee benefits

2014 $

2013 $

Wages & salaries 1,547,783 1,601,858

Superannuation 178,743 173,890

Leave (16,694) 65,206

Other employee benefits 33,518 33,648

Total employee benefit expense 1,743,350 1,874,602

There were no expenses incurred for separation or redundancy of employees.

All payments are within the terms of the 2012-15 CLC Enterprise Agreement (EA). The CLC-NTRB makes regular contributions in addition to minimum superannuation Guarantee Legislation at a rate of 12.50%.

note 3(b): supplier expenses

Goods from related entities - -

Goods from external parties 124,212 166,260

Services from related entities 39,405 33,955

Services from external parties 1,225,766 1,276,261

Workers Compensation premium 23,635 16,776

Total suppliers expenses 1,413,018 1,493,253

note 3(c): Depreciation

Motor vehicles 135,816 90,681

Plant and equipment 29,511 7,712

Total depreciation 165,327 98,393

The aggregate amount of depreciation or amortisation expensed during the reporting period for each class of depreciable assets are detailed in Note 6: Analysis of infrastructure, plant & equipment.

noTe 4: revenue

note 4(a): revenues from government

2014 $

2013 $

PMC grant - operational 4,033,650 3,325,000

Total revenues from government 4,033,650 3,325,000

note 4(b): interest revenue

Interest from deposits 22,948 32,016

Total interest revenue 22,948 32,016

CLC NATIVE TITLE REPRESENTATIVE BODY noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

161 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

note 4(c): sale of goods and rendering of services

Rendering of services - external entities 3,825 27,743

Total sales of goods and rendering of services 3,825 27,743

note 4(d): net gains from sale of assets

Motor vehicles, plant & equipment

Proceeds from disposal 98,182 91,818

Net book value of assets disposed (27,599) -

net gain from disposal 70,583 91,818

noTe 5: pM&C granT: na Tive TiTle - opera Tional

2013-14

approved budget $

2013-14 actual $

inCoMe

other project income

Bank interest 24,000 22,948

Vehicle trade-in 40,000 98,182

AGI - cost recovery 240,000 240,000

2012-13 capital funds c / fwd 67,858 67,858

pm&c funding

Capital 202,000 202,000

Operational 3,177,000 3,831,650

TOTAL INCOME 3,750,858 4,462,638

expenDiTure

capital

Vehicles 202,000 175,463

Total Capital 202,000 175,463

operational

Salaries

CEO / GM or equivalents 140,000 140,000

Corporate staff 348,000 322,316

Project staff 1,480,623 1,402,697

Services

Accommodation 179,600 172,087

Motor vehicles - corporate 25,612 17,505

Motor vehicles - attributable 48,315 70,762

CLC NATIVE TITLE REPRESENTATIVE BODY noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

162 CLC ANNUAL REPORT 2013-14

Note 5: PM&C GRANT: Native Title - operational continued

2013-14

approved budget $

2013-14 actual $

Repair and maintenance - equipment 33,000 48,576

Repair and maintenance - buildings 20,800 -

Bank charges 2,000 -

Audit fees 12,000 8,520

Consultants - corporate 10,000 9,850

Consultants - attributable 276,000 138,624

Communications, telephones, fax and IT 95,500 153,209

Insurance - other 12,000 23,635

Insurance - assets 20,800 43,890

Insurance professional indemnity 21,000 30,885

Corporate HR / finance / property serv / library 120,150 164,983

NNTC contribution 20,000 20,000

Training & development

Governing committee 4,000 4,250

Staff 36,000 19,103

Meetings

Governing committee 26,000 21,945

Attributable other meetings expenses 57,200 32,061

Travel & allowances

Chair 8,000 7,980

Other governing committee members 17,000 4,559

Members (travel) -

Claimants (travel) 79,200 82,593

Staff (travel) corporate 26,500 13,279

Staff (travel) attributable 40,500 72,707

Supplies & consumables

Corporate office sup / office misc. 6,200 4,187

Other

2012-13 capital funds c / fwd. 67,858 67,858

Misc. recoverable meetings attrib exp 240,000 236,175

PBC - Lhere Artepe 75,000 75,000

3,548,858 3,409,237

Balance as at 30 June 2014 - 877,938

Consistent with Note 1.1, the NTRB maintains accounts on an accrual basis; however, this statement includes elements of cash accounting consistent with the terms and conditions of the Native Title Grant.

Surplus of $877,938 is adjusted for budget variation amount received in advance of $654,650. The adjusted surplus of $223,288 ($887,938 - $654,650) is committed for capital expenditure ($125,913) and consultancy projects ($97,375).

CLC NATIVE TITLE REPRESENTATIVE BODY noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

163 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

noTe 6: non-finanCial asseTs

note 6(a): infrastructure, plant and equipment

2014 $

2013 $

Motor vehicles - at cost 837,344 909,444

Accumulated depreciation (355,354) (439,501)

481,990 469,943

Plant and equipment - at cost 186,334 186,334

Plant and equipment - at fair value 92,111 92,111

Accumulated depreciation (225,065) (195,554)

53,380 82,891

Total infrastructure, plant and equipment 535,370 552,834

At 30 June 2014, the directors believe that all the non-financial assets are carried at the present fair market value and no indicators of impairment were found for non-financial assets. A change in estimates for motor vehicles in 2012-13 has been documented in Note 1.

No property, plant or equipment is currently held for sale or expected to be sold or disposed in the next 12 months.

note 6(b): analysis of property, plant and equipment Table (A): Reconciliation of the opening and closing balances of property, plant and equipment 2013-14

Motor vehicles $

plant & equipment $

ToT al $

As at 1 July 2013

Gross book value 909,444 278,445 1,187,889

Accumulated depreciation / amortisation (439,501) (195,554) (635,055)

Net book value as at 1 July 2013 469,943 82,891 552,834

Additions

By purchase 175,463 - 175,463

Depreciation expense (135,816) (29,511) (165,327)

Disposals - gross value (247,562) - (247,562)

Disposals - accumulated depreciation 219,963 - 219,963

Net book value as at 30 June 2014 481,990 53,380 535,370

Net book value as at 30 June 2014 represented by

Gross book value 837,344 278,445 1,115,789

Accumulated depreciation (355,354) (225,065) (580,418)

Accumulated impairment losses

Closing net book value 481,990 53,380 535,370

CLC NATIVE TITLE REPRESENTATIVE BODY noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

164 CLC ANNUAL REPORT 2013-14

Note 6(b): Analysis of property, plant and equipment continued

Table (B): Reconciliation of the opening and closing balances of property, plant and equipment 2012-13

Motor vehicles $

plant & equipment $

ToT al $

As at 1 July 2012

Gross book value 897,161 207,043 1,104,204

Accumulated depreciation / amortisation (533,943) (187,843) (721,786)

Net book value as at 1 July 2012 363,218 19,200 382,418

Additions

By purchase 197,406 71,402 268,808

Depreciation expense (90,681) (7,711) (98,392)

Disposals - gross value 185,123 - 185,123

Disposals - accumulated depreciation (185,123) - (185,123)

Net book value as at 30 June 2013 469,943 82,891 552,834

Net book value as at 30 June 2013 represented by

Gross book value 909,444 278,445 1,187,889

Accumulated depreciation (439,501) (195,554) (635,055)

Accumulated impairment losses

Closing net book value 469,943 82,891 552,834

noTe 7: provisions note 7(a): employee provisions

2014 $

2013 $

Leave 349,210 365,904

aggregate employee entitlement liability 349,210 365,904

Employee provisions are expected to be settled in:

No more than 12 months 241,606 266,392

More than 12 months 107,604 99,512

Total employee provisions 349,210 365,904

CLC NATIVE TITLE REPRESENTATIVE BODY noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

165 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

noTe 8: CasH floW reConCilia Tion

2014 $

2013 $

reconciliation of cash and cash equivalents as per statement of financial position to cash flow statement

Cash and cash equivalents as per

Cash flow statement 877,938 67,858

Statement of financial position 877,938 67,858

Discrepancy - -

reconciliation of net cost of serives to net cash from operating activities

Net cost of services (3,224,339) (3,314,671)

Add revenue from government 4,033,650 3,325,000

Non-cash items

Depreciation of plant & equipment 165,327 98,393

Gain on disposal of assets (70,583) (91,818)

Movements in assets and liabilities

Increase / (decrease) in employee liabilities (16,694) 65,206

net cash from operating activities 887,361 82,110

noTe 9: DireCTor reMunera Tion

There were no director remuneration payments made during the period with NTRB funding.

noTe 10: CasH

Cash at bank and on hand - NTU account 877,938 67,858

Balance of cash as at 30 June shown in the cash flow statement 877,938 67,858

Cash at bank - accounts are recognised at their nominal values. Interest, which is earned at the daily prevailing rate, is credited to revenue as it accrues.

noTe 11: auDiTors reMunera Tion

Remuneration to the Australian National Audit Office for auditing the financial statements for the reporting period.

The fair value of services provided was: 9,200 8,800

9,200 8,800

The Audit Fees disclosed above were treated as expenses in the period (FMO 23.1).

Only audit services were provided by the ANAO during the reporting period.

CLC NATIVE TITLE REPRESENTATIVE BODY noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

166 CLC ANNUAL REPORT 2013-14

noTe 12: eMployee nuMBers

The staffing levels for the NTRB as at 30 June 2014 were: 19 17

noTe 13: finanCial insTruMenTs

note 13(a): Categories of financial instruments

2014 $

2013 $

financial assets

Loans and receivables

Cash at bank 877,938 67,858

Carrying amount of financial assets 877,938 67,858

The carrying amounts are a reasonable approximation of fair value.

note 13(b): net income and expenses from financial assets and liabilities

loans and receivables

Interest revenue (see note 4(b)) 22,948 32,016

Net gain / (loss) loans and receivables 22,948 32,016

net gain / (loss) from financial assets 22,948 32,016

There was no income or expense to be recognised from financial liabilities of the NTRB.

note 13(c): Credit risk The NTRB is not exposed to credit risk as receivables are short term; are due under legislation or contract; or are receivable from the Australian Taxation Office in the form of a GST refund. As at 30 June 2014 there were no receivables for the NTRB.

Where incurred, all debtors are unsecured and as such, the carrying value of the net receivables represents the amount exposed to credit risk.

note 13(d): liquidity risk and market risk The NTRB’s liabilities are employee liabilities. The NTRB in its present form with its present programs is dependent on government policy and on continuing appropriations by Parliament. The NTRB manages its budget to ensure it has adequate funds to meet payments as they fall due. Financial liabilities at 30 June 2014 are $Nil.

There is no market risk relating to NTRB financial assets or liabilities. Sensitivity to movement in interest rates in relation to the nature of interest bearing assets in 2014 has been assessed as 1% (100 basis points). Based on cash balance as at 30 June 2014, an increase / decrease of 1% would equate to a $8,779 increase / decrease in profit and equity (2013: $678 increase / decrease in profit and equity).

noTe 14: ConTingenT liaBiliTies At 30 June 2014, the NTRB had no significant legal claims in progress. Where quantifiable costs exists, accruals have been raised.

CLC NATIVE TITLE REPRESENTATIVE BODY noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

167 CLC ANNUAL REPORT 2013-14

F I n a n C I a L S tat E m E n t S

noTe 15: f air v alue MeasureMenT The different levels of the fair value hierarchy are defined below:

Level 1: Quoted prices (unadjusted) in active markets for identical assets or liabilities that the entity can access at measurement date.

Level 2: Inputs other than qoted prices included within Level 1 that are observable for the assets or liability, either directly or indirectly.

Level 3: Unobservable inputs for the asset or liability.

The NTRB determines fair value for its non-financial assets using the Level 3 inputs in the fair value hierarchy.

The following table disclose the fair value at 30 June 2014 and the valuation techniques used to derived its fair value:

fair value measurement -

v aluation technique & input used for non-financial assets

fair value $ Category v aluation technique input used & range

non-financial assets

Motor vehicles 481,990 Level 3 Market comparables - Market buying / selling price

- Residual value of about 10-15% costs - Remaining useful lives of 3 to 4 years

Plant and equipment 53,380 Level 3 - Depreciated

replacement cost - Remaining useful lives of 3 to 10 years - Replacement cost based on

comparable price of modern equivalents

Total non-financial assets 535,370

For those motor vehicle and plant and equipment that are carried at cost, their cost approximates their fair market value. The highest and best use of the motor vehicles and plant and equipment approximates its current use.

The reconciliations for the recuring Level 3 fair market value measurements of motor vehicles and plant and equipment are detailed in Note 6.

There were no change in valuation technique used by CLC during the year.

CLC NATIVE TITLE REPRESENTATIVE BODY noTes To anD forMing par T of THe finanCial sT aTeMenTs for THe year enDeD 30 June 2014

168 CLC ANNUAL REPORT 2013-14

GloSSARy AAMC Aboriginal Associations Management Centre

AAS Australian Accounting Standards

ABA Aboriginals Benefit Account

Aboriginal land (a) land held by a Land Trust for an estate in fee simple; or (b) and the subject of a deed of grant held in escrow by a Land Council

ACCAN Australian Communications Consumer Action Network

AFCMP Australian Feral Camel Management Program

AIATSIS Australian Institute for Aboriginal and Torres Strait Islander Studies

ALRA Aboriginal Land Rights (Northern Territory) Act 1976

ALT Aboriginal Land Trust

ANAO Australian National Audit Office

APONT Aboriginal Peak Organisations Northern Territory

ARC Australian Research Council

BIITE Batchelor Institute of Indigenous Tertiary Education

CAC Act Commonwealth Authorities and Companies Act 1997

CAC body a body governed by the CAC Act

CAEPR Centre for Aboriginal Economic Policy Research

CAT Centre for Appropriate Technology

CATSI Act Corporations (Aboriginal and Torres Strait Islander) Act 2006

CBIT Community Based Indigenous Training

CD Community Development

CFI Carbon Farming Initiative

CFOC The Australian Government’s Caring for our Country

CLA Community Living Area

CLM Conservation and Land Management

CNRM Cultural and Natural Resource Management

Corporate governance

The process by which agencies are directed and controlled. It is generally understood to encompass authority, accountability, stewardship, leadership, direction and control.

CP Central Petroleum

CS Computer Services

DEEWR Department of Education, Employment and Workplace Relations

Depreciation Apportionment of an asset’s capital value as an expense over its estimated useful life to take account of normal usage, obsolescence, or the passage of time.

DKP Desert Knowledge Precinct

DLRM Department of Land Resource Management - Northern Territory

DOR NT Department of Resources

ECCD Early Childhood Care and Development

EDRMS Electronic Document and Records Management System

EEO Equal Employment Opportunity

EL Exploration Licence

169 CLC ANNUAL REPORT 2013-14

g L O S S a RY

ELA Exploration Licence Application

EMU Ecosystem Management Understanding

EO Equal Opportunity

EP Exploration Permit

EPA Exploration Permit Application

ESD Ecologically Sustainable Development

Expenses The full costs of an activity; that is, the total value of all the resources consumed in producing goods and services or the loss of future economic benefits in the form of reductions in assets or increases in liabilities of the entity. Expenses include cash items such as salary payments, as well as expenses that have been incurred, such as accruing employee entitlements that will be paid in the future.

FAHCSIA Australian Government, Department of Families, Housing, Community Services and Indigenous Affairs

Fair value The amount for which an asset could be exchanged or a liability settled, between knowledgeable, willing parties in an arm’s length transaction.

FEP Flexible Employment Program

FMA Act Financial Management and Accountability Act 1997

FTE Full-time Equivalent

GAC Governance Advisory Committee

GEP Geothermal Exploration Permit

GLM Grazing Land Management

GMAAAC Granites Mine Affected Area Aboriginal Corporation

Grants Non-reciprocal transfers of economic resources, where the payer agency does not receive approximately equal value in return.

HSMA Health and Safety Management Arrangements

HSR Health and Safety Representative

IBA Indigenous Business Australia

IEK Indigenous Ecological Knowledge

IEP Ranger Indigenous Employment Program

ILC Indigenous Land Corporation

ILUA Indigenous Land Use Agreement

IPA Indigenous Protected Area

IPP Indigenous Pastoral Program: Key partners in the IPP are the Central Land Council (CLC), the Northern Land Council (NLC), the Indigenous Land Corporation (ILC), the NT Department of Resources (NT DOR), the Department of Employment, Education and Workplace Relations (DEEWR), NT Cattleman’s Association (NTCA)

JMC Joint Management Committee

JMO Joint Management Officers

JMP Joint Management Partnership

LAAC Lhere Artepe Aboriginal Corporation

Land Council An Aboriginal Land Council established by or under the Aboriginal Land Rights Act

Land Trust An Aboriginal Land Trust established under the Aboriginal Land Rights Act

MCA Minerals Council of Australia

MCAC Mutitjulu Community Aboriginal Corporation

170 CLC ANNUAL REPORT 2013-14

Mineral royalties Royalties payable to the Australian Government or the Northern Territory in respect of the mining of minerals.

ML Mineral Lease

NAILSMA North Australian Indigenous Land and Sea Management Alliance

NLC Northern Land Council

NNTT National Native Title Tribunal

NRETAS NT Department of Natural Resources, Environment, Arts and Sport

NRM Natural Resource Management

NTA Native Title Application

NTCA NT Cattlemen’s Association

NTER Northern Territory Emergency Response

NTG Northern Territory Government

NTGS Northern Territory Geological Survey

NTPWS NT Parks and Wildlife Service

NTRB Native Title Representative Body

ORIC Office of the Registrar of Indigenous Corporations

Outcomes The Outcomes are desired results, impacts or consequences for Aboriginal people as influenced by the actions of the Central Land Council. Actual outcomes are assessments of the end results or impacts actually achieved.

PAAC People’s Alcohol Action Coalition

PBC Prescribed Body Corporate

PCBU Person Conducting a Business or Undertaking

PGPA Public Governance, Performance and Accountability Act, 2013

PL (Land Claims) Pastoral Lease

PL (Mining) Production Licence

PM&C Department of the Prime Minister and Cabinet

PPL perpetual pastoral lease

PV Photovoltaic

PWCNT Parks and Wildlife Commission of the Northern Territory

RAFMC regional Aboriginal fire management committees

RIS Regional Investment Strategy

RJCP Remote Jobs and Communities Program

RLMO Regional Land Management Officers

Sacred sites Sacred sites may be parts of the natural landscape such as hills, rocks, trees, springs and offshore reefs - places that are not always spectacular or interesting to the non-Aboriginal eye. They may be places that are significant to Aboriginal people because they mark a particular act of a creation being. They also include burial grounds and places where particular ceremonies have been held.

SEWPaC Department of Sustainability, Environment, Water, Population and Communities. Formerly DEWHA

SOPs Standard Operational Procedures (aerial camel culling)

TBMP Tanami Biodiversity Monitoring Project

TNRM Territory Natural Resource Management (Formerly NT Natural Resource Management Board)

171 CLC ANNUAL REPORT 2013-14

g L O S S a RY

TPWCA Territory Parks and Wildlife Conservation Act 2006

Traditional owners In relation to land, means a local descent group of Aboriginal people who: have common spiritual affiliations to a site on the land, being affiliations that place the group under a primary spiritual responsibility for that site and for the land; and are entitled by Aboriginal tradition to forage as of right over that land.

TRAKS Trimagic Records and Knowledge Management System

UKTNP Uluru-Kata Tjuta National Park

URM Uluru Rent Money

VM Virtual Machine

WAN Wide Area Network

WDNWPT Western Desert Nganampa Walytja Palyantjaku Tjutaku

WELL Workplace English Literacy and Learning

WETT Warlpiri Education and Training Trust

WH&S work health and safety

WLMF Women’s Land Management facilitator

WVA World Vision Australia

WYDAC Warlpiri Youth Development Aboriginal Corporation

yapa Warlpiri person / people

172 CLC ANNUAL REPORT 2013-14

CoMplIAnCe InDeX CoMplianCe inDex of CommoNwEALTh AuThoRiTiEs ANd Comp ANiEs ACT 1997 (THe CaC aCT), requireMenTs for CoMMonWeal TH auTHoriTies

requirement

reference: Commonwealth authority (annual reporting) orders 2011 page(s)

Approval by directors Clause 6 1, 112

Details of exemptions granted by Finance Minister in regard to reporting requirements Clause 7 None (93)

Enabling legislation Clause 10 14

Responsible Minister Clause 11 14

Ministerial directions Clause 12 None (98)

General Policy Orders Clause 12 None (98)

Work health and safety Clause 12 102-3, 30, 51

Ecologically sustainable development and environmental performance Clause 12 106

Information about directors Clause 13 11-16

Organisational structure Clause 14 17

Board committees and their main responsibilities Clause 14 11-16, 99

Education and performance review processes; and ethics and risk management policies Clause 14 16, 98-99

Related entity transactions Clause 15 137

Significant events under section 15 of the CAC Act Clause 16 (a) 100

Operational and financial results Clause b 109-167

Key changes to the authority’s state of affairs or principal activities Clause 16 (c) 19

Amendments to authority’s enabling legislation Clause 16 (d) PGPA ‘Consequential’ amendments to ALRA passed 26 June 2014

Significant judicial or administrative tribunal decisions Clause 17 (a) 99

Reports made about the authority Clause 17 (b) 100, 110-11, 146-47

Obtaining information from subsidiaries Clause 18 No subsidiaries

Indemnities and insurance premiums for officers Clause 19 99

Disclosure requirements for Government Business Enterprises Clause 20 Not applicable

Compliance Index Clause 21 172

173 CLC ANNUAL REPORT 2013-14

C O m p L I a n C E I n d E x

requirement

reference: Commonwealth authority (annual reporting) orders 2011 page(s)

AboRigiNAL LANd RighTs (NT) ACT 1976 Fees PART IV, s.33A &

s.33B

The CLC received $619,279 in deed administration fees relating to Part Iv (Mining). No fee types prescribed under s.33A. No fees were requested under s.33B.

Determinations s.35 140-41

Amounts held in trust s.37(5) 140

Delegations s.28 Nil

Committees s.29A 15

Consultants s.37(8) 100

oTHer Environmental matters s.516A EPBC Act 106

Work, Health & Safety Act Item 4, Schedule 2 103

FOI Act Reporting

requirements

100

173 CLC ANNUAL REPORT 2013-14

Address 27 Stuart Highway Alice Springs NT 0870

Postal address PO Box 3321 Alice Springs NT 0871

www.clc.org.au Phone 08 8951 6211 Email media@clc.org.au

Front cover image: Central Land Council’s first all staff day: with 48% Aboriginal staff the CLC is one of the Northern Territory’s largest employers of Aboriginal people.

ISSN 1034-3652