Kimberley Land Council
Submission to the Joint Select Committee on Northern Australia
Green Paper on Developing Northern Australia
KLC Submission
1
The Kimberley Land Council (KLC) represents Traditional Owners in the Kimberley
region of Western Australia and is the Native Title Representative Body for the
Kimberley. The KLC was established in 1978 and its organisational goals are to
assist Kimberley Aboriginal people in getting country back, caring for country, and
securing the future.
2
The KLC’s submission in response to the Green Paper on Developing Northern
Australia (Green Paper) focuses on one major theme, Indigenous economic
development, and identifies how this theme can be addressed by the six broad
policy directions identified in the Green Paper. The KLC submission also
recommends that this theme be adopted in the White Paper through an
implementation plan.
Major Theme: Indigenous Economic Development
3
Indigenous economic development is a major challenge facing the current
generation. Indigenous Australians possess vast and unique assets which have the
potential to assist individuals and entire communities in overcoming social and
economic disadvantage. Accessing the commercial potential of these assets
requires the support of government and partnerships with private enterprise. The
support of government can come largely in the form of the right regulatory settings
and policy directions, while linkages with private commercial enterprises will
strengthen and grow if these settings are right.
4
The theme of Indigenous economic development was addressed in the KLC’s
previous submission on the Terms of Reference for the White Paper which identified
the following key themes:
Kimberley Land Council: Submission on Northern Australia Green Paper
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(a)
Indigenous people are a major constituency in northern Australia. Addressing
current economic and social disadvantage is a social, ethical and economic
imperative, as northern Australia cannot achieve its full economic potential
while such a large part of the population lags behind in education, health,
housing, employment, and general wellbeing and life outcomes.
(b)
Indigenous people are significant land owners in northern Australia. These
land interests are held in a number of ways, including freehold, leasehold,
reserves and native title. Land is a primary economic asset and must be able
to be utilised by its owners so that they can enjoy its full benefits.
(c)
Native title is a valuable property interest, and native title holders should be
able to use that property interest for commercial purposes. A significant
impediment to realising the economic potential in land subject to native title
rights and interests is the unwillingness of third parties (commercial lenders,
joint venturers and government entities) to invest in enterprises on native title
lands. This impediment needs to be overcome, and can be overcome,
without compromising the integrity of the underlying communal interests in
native title lands.
(d)
Economic development should be proactive, regional and strategic and
should draw on existing social, cultural and physical infrastructure. Existing
regulatory arrangements should also be used in innovative ways to provide
new pathways for commercial activities without introducing unnecessary
uncertainty associated with major regulatory changes. To this end, the KLC
proposes:
(i)
proactive strategic regional development, with a central role for
Traditional Owners in the promotion of their economic, social and
cultural assets; and
(ii)
the Kimberley be considered as a trial site for a strategic regional
assessment of economic and social development, with Traditional
Owners supported to participate and produce concrete outcomes such
as ILUAs and associated marketable land use proposals.
(e)
Access to and utilisation of the property of Traditional Owners (land, cultural
assets, and water) should be guided by the principles in the United Nations
Declaration on the Rights of Indigenous People (UNDRIP). Culturally
Kimberley Land Council: Submission on Northern Australia Green Paper
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appropriate governance which recognises and incorporates the strong
decision making processes of Traditional Owners should also be incorporated
into project development to meet the best practice standards identified by the
Harvard Project1.
5
These submissions made by the KLC in response to the Terms of Reference are
maintained and underlie the following proposal which addresses the major theme of
Indigenous economic development.
Addressing the Policy Directions
6
The Green Paper identifies six policy directions that will be pursued in the White
Paper. A number of proposals for how these policy directions can positively impact
on Indigenous advancement and economic development are set out below.
Delivering Economic Infrastructure
7
The major economic infrastructure needs of northern Australia should be addressed
in the future by:
8
(a)
planning and prioritisation to identify needs and best use of finite resources;
(b)
including major and minor infrastructure needs; and
(c)
addressing community needs.
Traditional Owners will be major participants in identifying, designing and delivering
the infrastructure needs of northern Australia because:
(a)
Traditional Owners hold detailed knowledge of geographic and climatic
conditions that should be drawn on to identify needs and design infrastructure
solutions; and
(b)
Traditional Owners are major property owners in Northern Australia. Their
land, water and cultural heritage assets will be affected by major and minor
infrastructure works.
9
Best practice requires co-operative participation of Traditional Owner communities to
identify needs, design solutions, and ensure cost-effective project delivery.
1
The Harvard Project on American Indian Economic Development (2010). http://hpaied.org/abouthpaied/overview
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Improving Land Use and Access
10
Traditional Owners hold significant land assets in northern Australia and want to
utilise these assets for their own commercial purposes. Accessing and utilising land
assets does not require compromises to native title and cultural heritage interests. In
fact, Traditional Owners will be the primary beneficiaries of more effective land use
and access measures if these measures include recognition of and respect for
Traditional Owner interests.
11
The KLC recommends the following measures for better land use and land access
without compromising the interests of Traditional Owners.
(a)
Regulatory settings and policy directions from government that support
Traditional Owners developing their assets by themselves, with government,
or in partnership with private enterprise. These settings and directions
should:
(i)
build on, but not undermine, hard-won property interests;
(ii)
recognise that Traditional Owners want to participate in, control, and
be part of their own economic and social future and not require
Traditional Owners to consider unacceptable compromise; and
(iii)
recognise and utilise the significant and unique assets that are held by
Traditional Owners.
(b)
Rather than developing new regulatory measures, innovative use of existing
land planning and development tools should be supported and developed at
trial sites where Traditional Owners fully participate in and advantage the
project. For example, proactive strategic land use planning and alternative
process ILUAs or area agreement ILUAs could be used by Traditional Owners
to develop and promote marketable land use proposals.
(c)
Better information on native title is required to allow government, private
enterprise, and Traditional Owners to realise the economic potential of this
asset. This should include information such as the following.
(i)
Native title can support economic enterprises through appropriate
commercial arrangements such as leases or ILUAs;
(ii)
native title is an asset not a risk; and
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(iii)
economic development on native title lands can include proactive
development by Traditional Owners, not merely reactive development
in response to future act notices.
Improving Water Access and Management
12
Water use planning and infrastructure design should ensure:
(a)
planners understand competing interests in water including native title rights
and interests;
(b)
the need to maintain cultural flows; and
(c)
incorporation of the significant knowledge of Traditional Owners in resource
identification, planning and allocation, for example Traditional Owners
possess extensive knowledge of ground water flows that can inform and
assist these processes.
13
Better utilisation of water resources should also prioritise low-cost measures that
maximise efficient use of existing infrastructure. For example, minor works within
existing irrigation programs that improve water use efficiency by covering open drains
and channels should be supported over new high-cost infrastructure projects.
Smaller scale projects have the advantage of being more likely to draw on the local
labour force while major infrastructure projects often require specialist skills not
available in the local community, involve long project development lead times, and
have multiple levels of project approval. Smaller scale projects are also more likely
to benefit Traditional Owners through smaller scale tenders and jobs for local
workers.
Promoting Trade and Investment and Strengthening the Business
Environment
14
Indigenous enterprise development is currently negatively affected by limited access
to private capital. This can be improved through better access to information and
regulatory settings which support and promote investment in Indigenous businesses.
These measures and settings should include:
(a)
taxation arrangements that encourage investment in Indigenous enterprise,
with added incentives for investment in remote areas;
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(b)
government support through assurances or guarantees for investment in
projects on native title lands to provide a surety for private investors, banks
and other lenders, and to provide a window for investors to become more
familiar with these types of projects; and
(c)
regulatory streamlining for projects that include Traditional Owner participation
at key stages such as site selection, project design, and impact management.
Fostering Education, Research and Innovation
15
Traditional Owners possess access to and ownership of unique assets. These
assets include land, biological knowledge, and cultural heritage. Uniqueness can
add a premium to value if it is managed appropriately. Research and innovation
should support Indigenous economic development through:
(a)
identifying available assets, including uniqueness and associated premium
values;
(b)
identifying emerging markets and access to markets, in particular growing
markets in Asia and the Pacific which are increasingly affluent and
geographically proximate; and
(c)
designing strategies to unlock assets and access markets in a sustainable
way, with a focus on delivering remote area employment and enterprise
development.
Enhancing Governance
16
The Green Paper recognises the need for effective and efficient governance which
includes community participation and supports increased institutional capacity for
local organisations. Policy settings for Indigenous economic development should:
(a)
identify relevant institutions, in particular prescribed bodies corporate (PBCs)
and registered native title bodies corporate (RNTBCs);
(b)
draw on the inherent strengths within cultural decision making and communal
governance processes, rather than working against these existing processes;
(c)
incorporate the fundamental principles recognised in the UNDRIP in particular
the principles of self-determination and free, prior and informed consent; and
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(d)
incorporate best practice principles of culturally appropriate governance
identified in the research undertaken by the Harvard Project.
Implementation Plan for Indigenous Economic
Development
17
The six policy directions identified in the Green Paper can provide a new direction for
Government policy on Indigenous economic development, particularly in remote
areas, which draws on existing assets and regulatory arrangements and involves
minimal cost impact for Government. The White Paper on Northern Australia should
include an implementation plan for Indigenous economic development with the
following policy settings.
Deliver Economic Infrastructure
Enhance Governance



Access and utilise Traditional
Owner knowledge, capacity
and assets.

Proactive cooperative needsbased planning.
Recognise
relevant
organisations
(PBCs, RNTBCs)
Incorporate key
principles of
UNDRIP and best
practice from
Harvard Project
Theme:
Indigenous
Economic
Development
Foster Education, Research
and Innovation

Innovation to realise
commercial value of
and access to assets

Premium on
uniqueness
Promote Trade and
Investment

Policy settings to
support investment of
private capital

Regulatory
streamlining for
benchmark projects
Improve Land Use &
Access

Native title recognised
as a significant asset
available for
commercial
development

Economic development
without compromising
cultural and communal
interests
Improve Water Access
& Management

Better use of
existing resources
and infrastructure

Incorporate
Traditional Owner
assets and interests
in resource use
planning
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18
The KLC proposes that the Implementation Plan for Indigenous Economic
Development include a trial project in the Kimberley. The trial project should provide
for:
(a)
strategic regional land use planning;
Example:
Development of the Canning Basin gas reserves should be guided
by forward planning informed by a regional engagement process to
identify co-existing interests, potential impacts and externalities,
and how best to strategically utilise the resources of the region.
Regional engagement should be modelled on the Traditional Owner
consultation processes for the Browse Liquefied Natural Gas Hub
Precinct and the National Heritage Assessment of the West
Kimberley.
(b)
ecologically, socially and culturally sustainable development;
Example:
Irrigated agricultural development along the Fitzroy River should be
based on mosaic land uses which can be developed and
maintained by local communities, are a long term sustainable land
use, and are consistent with cultural values and the West Kimberley
National Heritage Listing.
(c)
consideration of innovative proposals for business development and land use
that are particularly suited to remote area enterprise development; and
Example:
Cultural enterprise economies are economic activities which involve
the commercial utilisation of cultural assets. This provides an
economic benefit for the participants while at the same time
supporting the maintenance and strengthening of the relevant
cultural assets. Carbon farming using traditional fire management
of landscapes is an example of cultural enterprise economic
activity.
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(d)
best practice engagement of Traditional Owners and their representative
organisations which is supportive of culturally appropriate governance and
decision making, consistent with the principles in the UNDRIP, and produces
sustainable supported outcomes.
Conclusion
19
The KLC’s submission in response to the Green Paper identifies how the six policy
directions set out in the Green Paper can be utilised for the theme of Indigenous
Economic Development. There are a range of development activities that fit within
these policy directions, and the KLC submission identifies how these can be
supported:
20
(a)
utilising existing and available assets;
(b)
as a low cost solution for Government; and
(c)
with regulatory settings that encourage participation by private investors.
The KLC submits that an Implementation Plan for Indigenous Economic
Development should be included in the White Paper, and a trial project for the
Implementation Plan should be run in the Kimberley.
21
The KLC also submits that the proposals put forward in this submission are
consistent with the following criteria for Government action identified in the Green
Paper.
22

Focus on economic development, trade and investment and jobs, with
appropriate social, environmental and biosecurity safeguards

Create the right climate to maximise investment and innovation,
avoiding prescriptive or interventionist approaches

Remain consistent with national approaches and deliver benefits to
other parts of Australia

Seek to advance low or no cost solutions given the current tight fiscal
environment, and facilitate private sector funding wherever possible

Respect and recognise the roles and responsibilities of state and
territory governments.
Thank you for your consideration of this submission. Any inquiries in relation to the
submission should be directed to Mr Nolan Hunter, Kimberley Land Council CEO.
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