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Appendix A

Aboriginals Benefit Account Annual Report 2019–20

Aboriginals Benefit Account overview

The Aboriginals Benefit Account (ABA) is legislated under the Aboriginal Land Rights (Northern Territory) Act 1976 (Land Rights Act). It is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

The ABA receives and distributes monies generated from mining on Aboriginal land in the Northern Territory. Payments into the ABA are based on royalty equivalents that are determined by the estimated value of the statutory royalty payments.

The Minister for Indigenous Australians allocates funds from the ABA to the four Northern Territory Land Councils (Northern Land Council, Central Land Council, Anindilyakwa Land Council and Tiwi Land Council) for administrative purposes.

The Minister also approves grants for the benefit of Aboriginal people living in the Northern Territory, taking into consideration advice provided by the ABA Advisory Committee. The Committee is established under subsection 65(1) of the Land Rights Act to advise the Minister on beneficial payments under subsection 64(4). In 2019–20 the Committee comprised of 15 members, 14 members elected by the four Land Councils and an additional member with expertise in land management appointed by Minister Wyatt. Andrew Tipungwuti was the Chair for the period 1 July 2019 until 30 November 2019. The process for appointing a new Chair was underway during the period 1 December 2019 to 30 June 2020 and significantly delayed due to the impact of COVID-19. The Committee provided advice in relation to beneficial payments on 98 applications.

Due to the impact of COvID-19 during the reporting period, emergency support payments totalling $10 million were provided to the four Land Councils as part of a $123 million COvID-19 support package announced by Minister Wyatt on 2 April 2020.

As at 30 June 2020, the net assets of the ABA were $1,266.9 million (excluding future commitments). This represents a 19.3 per cent increase from $1,062.3 million at 30 June 2019 and reflects the surplus in operating activities attributable to mining royalty equivalents income.

Funds from the ABA are distributed to Royalty Associations in areas affected by mining. In addition, the Land Rights Act provides for lease administration costs of approved Commonwealth entities and other leases administered by the Executive Director of Township Leasing.

The NIAA is responsible for advising the Minister on the overall policy and financial management of the ABA. The NIAA also provides secretariat support to the committee and manages the ABA subsection 64(4) grants.

The NIAA administers the ABA in accordance with the requirements of the Land Rights Act and the PGPA Act.

The NIAA is responsible for ensuring the ABA complies with the Land Rights Act and relevant financial legislation. Section 64B of the Land Rights Act requires the NIAA to keep accounts and prepare financial statements in respect of the ABA, as determined by the Minister for Finance. Section 64B also requires the Auditor-General to report on the financial statements to the relevant Minister.

Aboriginals Benefit Account performance 2019–20

Mining royalty equivalent receipts of $402.7 million were credited to the ABA in 2019–20. This represents a 5.5 per cent decrease on the level of 2018–19 receipts. The decrease in royalty receipts can be attributed to volatility in the market place and fluctuations

in exchange rates and world demand. Tables 6.1 and 6.2 summarise the income and expenditure of ABA.

Table 6.1: Summary of Aboriginals Benefit Account income, 2018–19 and 2019–20

2018–19

$’000

2019–20

$’000

Royalty equivalents

426,051

402,664

Interest

25,661

23,144

Resources received free of charge

2,725

3,432

Lease rental income

2,251

2,115

Other income

272

485

Total ABA income

456,960

431,840

Table 6.2: Summary of Aboriginals Benefit Account expenditure (inclusive of mining withholding tax) 2018–19 and 2019–20

2018–19

$’000

2019–20

$’000

Payments to Land Councils for administrative

purposes— Land Rights Act, subsection 64(1)

61,466

85,684

Payments to Land Councils for distribution to Royalty Associations— Land Rights Act, subsection 64(3)

127,814

120,799

Grant payments to or for the benefit of Aboriginal people in the Northern Territory— Land Rights Act, subsection 64(4)

10,292

20,937

Payments in relation to township leases and

subleases— Land Rights Act, subsection 64(4A)

5,547

5,726

Administration (suppliers and employees including resources received free of charge)— Land Rights Act, subsection 64(6)

3,189

3,684

Total expenditure

208,308

236,830

Credits into the Aboriginals Benefit Account

The ABA is credited with monies that are equivalent to the royalties received by the Commonwealth or the Northern Territory for mining on Aboriginal land in the Northern Territory (royalty equivalent receipts).

Interest received from the investment of ABA funds is credited directly into the ABA’s bank account. Table 6.1 details interest earned for the year, as well as royalty equivalent income, resources received free of charge and lease rental income.

The NIAA provides staff support free of charge to manage the ABA. These costs are included as revenue in Table 6.1 and expenses in Table 6.2.

ABA royalty equivalent income is volatile, as it is subject to profits recorded by individual mines that are influenced by global commodity markets and other factors.

Graph 6.1 shows royalty equivalent receipts transferred to the ABA since 2012–13.

Chart of the royalty equivalent receipts transferred to the ABA between 2012-13 and 2019-20.

Debits out of the Aboriginals Benefit Account

A summary of total ABA expenditure in 2018–19 and 2019–20 is provided at Table 6.2.

Payments to Land Councils for Administrative Expenses

Table 6.3: ABA monies paid in 2018-19 and 2019–20 to the four Northern Territory Land Councils (net of mining withholding tax)

Land Councils

2018–19

$’000

2019–20

$’000

Northern Land Council

30,686

39,917

Central Land Council

19,688

28,826

Tiwi Land Council

4,521

5,766

Anindilyakwa Land Council

4,113

7,748

Total

59,008

82,257

Note: Further details can be found in Section FIve, financial statements.

Office of Township Leasing and Aboriginals Benefit Account Administrative Payments

Administration costs of township leases and other leases administered by the Executive Director Township Leasing are captured under subsection 64(4A) of the Aboriginal Land Rights (Northern Territory) Act 1976. Costs associated with the administration of the

ABA are captured under subsections 64(6) of the Land Rights Act. Table 6.5 provides a breakdown of township leasing administration expenses for 2018–19 and 2019–20, including services provided free of charge.

Payments to Royalty Associations

Under the Land Rights Act, 30 per cent of the royalty equivalent monies must be paid to each land council in the area in which a mining operation is situated. These monies are distributed to Aboriginal organisations (Royalty Associations) in those areas affected by mining operations. Table 6.4 lists payments made in 2018–19 and 2019–20 to Land Councils for distribution to Royalty Associations (net of mining withholding tax). Further detail can be found in Section Five.

Beneficial Payments

Under subsection 64(4) of the Land Rights Act, payments totalling $20.9 million were provided for the benefit of Aboriginal and Torres Strait Islander peoples living in the Northern Territory during 2019–20. This is compared to $10.3 million provided in 2018–19 (inclusive of mining withholding tax).

ABA beneficial grant funding in 2019–20 went to projects supporting employment, training and cultural activities in the Northern Territory. For example:

  • Anindilyakwa Services Aboriginal Corporation was provided with $153,188 to develop a covered outdoor area and storage container at the Bush Medijina site at Angurugu on Groote Eylandt. The area will provide a space to host cultural and capability-building initiatives for Warningakalina women. It will also be an area to work with employment program participants and hold community meetings.
  • Jilamara Arts and Crafts Association in Milikapiti on the Tiwi Islands was provided with $67,303 to purchase a vehicle to enable excursions to country to collect materials and undertake cultural activities. The new vehicle will also support the continuation of cultural programs provided to local school children by art centre elders, and be used to transport visitors and tourists from the airport to the art centre and to visit surrounding sites.

Homelands Project

The NIAA manages the ABA homelands Project, which is a one-off investment of $40 million to improve infrastructure in homelands/outstations across the Northern Territory. The project is funded from subsection 64(4) of the Land Rights Act.

It commenced in early 2018 and all funding is expected to be allocated by the end of 2021. The four Northern Territory Land Councils have selected homelands for the project and are assisting residents to develop proposals for works. As at 30 June 2020, proposals from 160 homelands have been recommended by the ABA Advisory Committee and approved by the Minister. It is anticipated that proposals will be received from approximately another 23 homelands. The NIAA is working with local Indigenous provider organisations on the delivery of successful proposals.

COVID-19 Support Package

The Minister approved $4 million for the Central Land Council, $4 million for the Northern Land Council, $1 million for Anindilyakwa Land Council and $1 million for Tiwi Land Council on 2 April 2020 to allow them to address immediate infrastructure

needs and travel expenses associated with people returning to homelands. In addition to travel assistance, expenditure has comprised the purchase of camping equipment (tents, BBQs, water storage facilities), clothing, bedding and blankets.

Mining Withholding Tax

Under the Income Tax Assessment Act 1936, payments made from royalty equivalents credited to the ABA are subject to mining withholding tax at a rate specified in the Income Tax (Mining Withholding Tax) Act 1979. In accordance with the Taxation Laws Amendment Act (No. 3) 1994, the current rate of tax applied to payments of mining withholding tax is 4 per cent.

From 1 July 2003, the Australian Taxation Office determined the ABA to be a large pay-as-you-go (PAYG) withholder. Mining withholding tax liabilities on payments made are paid on or before due dates in accordance with the Taxation Office PAYG withholding requirements. The total mining withholding tax for 2019–20 was $8.3 million, compared with $7.6 million in 2018–19.

Table 6.4: Payments to Land Councils for distribution to Royalty Associations (net of mining withholding tax)

Land Council

2018–19

$’000

2019–20

$’000

Northern Land Council

17,865

17,419

Central Land Council

18,342

25,466

Anindilyakwa Land Council

86,495

73,082

Tiwi Land Council

-

-

Total

122,702

115,967

Table 6.5: Departmental administration and expenditure (exclusive of GST)

Administration expenditure

2018–19

$’000

2019–20

$’000

Departmental administration expenditure

Resources provided free of charge

2,725

3,432

Subsection 64(6) payments

Committee members sitting fees/

superannuation

104

98

Travel and other administrative costs

80

86

Subsection 64(4A) payments

Office of township leasing

administrative expenses

2,787

3,449

Payments for township leases

663

0

Depreciation

0

203

Township rent returned to owners under head Lease agreement

1,813

1,752

Community entity administrative expenses

284

322

Total administrative costs of the ABA

8,456

9,342

Management of the Aboriginals Benefit Account and its Investment Portfolio

The ABA investment strategy is focused on cash flow requirements, preservation of the fund and management of risk. Monies that are surplus to immediate requirements are invested under section 58 of the PGPA Act. To minimise the risk of loss, section 58 restricts the investment of public money to a limited number of specific low-risk investments such as government bonds, state and territory bonds, term deposits and negotiable cash deposits with a bank.

As at 30 June 2020, the ABA held $1,238.0 million in term deposits with Australian banks. This compares with $1,042.5 million at 30 June 2019.