The Mirarr: yesterday, today and tomorrow. A socioeconomic update.
Prepared by the GUNDJEIHMI ABORIGINAL CORPORATION August, 2010 Published in Australia in 2010 by the Gundjeihmi Aboriginal Corporation, 5 Gregory Place, Jabiru, Northern Territory.
Text: Andrew Masterson Additional contributions: Justin O’Brien, Geoffrey Kyle Editing: Andrew Masterson Design and layout: Tristan Varga-Miller/The Mojo Box Photography: Dominic O’Brien Additional photography: Craig Golding, Graphics: Sahm Keily
Printed by Sovereign Press, Ballarat, Victoria
All rights reserved. Copyright 2010, Gundjeihmi Aboriginal Corporation. Apart from fully credited brief excerpts used in the process of review or fair dealing, no part of this document may be reproduced in any form without the express written consent of the copyright holder.
ISBN 978-0-9808312-0-7 Cover photo: Djabalukga Wetlands, Kakadu National Park
2 The Mirarr: yesterday, today and tomorrow Contents
Executive Officer’s Report 8
Board of Directors 11
Acronyms 12
Closing the Gap 13
Our Past, Our Future 15
The Gudjeihmi Aboriginal Corporation, Past and Present 19
Staff Profiles 25
Cultural Development 29
Community Development 41
Healthy Lives 47
Economic Development 51
Land, Water, People 59
Looking to the Future 67
Financial statements 73
The Mirarr: yesterday, today and tomorrow 3 About this report The Mirarr: yesterday, today and tomorrow: a socioeconomic update sets out to summarise the activities of the Gundjeihmi Aboriginal Corporation in its mission to meet the needs and aspirations of its owners and constituents, the Mirarr people. The report traces the history of the Corporation. It describes its current holdings and business model, and outlines the exciting opportunities present in the next period of its operations. Audited financial statements are also included. The term “closing the gap” has become a mantra in the debate surrounding Aboriginal affairs – a term which often betrays a top-down paternalism which leads to further erosion of Aboriginal self-determination. The cultural, scientific, environmental, educational, arts and health programs undertaken by the GAC are funded wholly from mining royalties, rental incomes and cash- flow from Corporation-owned businesses. These programs are implemented solely at the instigation of the Corporation’s board, which comprises senior members of the Mirarr clan. In this way the Mirarr are certainly “closing the gap”, but in a manner which is motivated by – and further enables – self-determination. It is the Corporation’s hope that the matters described in this report may serve as models for other Aboriginal communities, funding willing. The report also functions as a preliminary and contextualising document ahead of the Corporation’s inaugural annual report, which will be published in the second half of 2010.
4 The Mirarr: yesterday, today and tomorrow Mirarr stone country. The Mirarr: yesterday, today and tomorrow 5 6 The Mirarr: yesterday, today and tomorrow The evidence before us It is a very large number The predictions of the shows that the traditional of people who see this Fox Inquiriy in 1977 that owners of the Ranger mine as a bad thing. mining in the region site and the Northern The agreement was could have negative Land Council (as now arranged by pushing social impacts appear constituted) are opposed people and does not to have been prescient. to the mining of uranium accurately reflect the There is little evidence on the site … There can wishes of Aboriginal of sustainable economic be no compromise with people who own that benefits from the mine the Aboriginal position; country. We all stand whose life has now either it is treated as together on that. been extended beyond conclusive, or it is set 2020 … Yvonne Margarula, Mirarr aside … That our values senior traditional owner, on receiving the Goldman Jon Altman, Power, culture, are different is not to be Environmental Prize, 1999. economy: Indigenous Australians and mining, denied, but we have (CAEPR/ANU; 2009), p36 nevertheless striven to understand as well as can be done their values and their viewpoint. We have given careful attention to all that has been put before us by them or on their behalf. In the end, we form the conclusion that their opposition should not be allowed to prevail.
Fox et al, Ranger Uranium Environmental Inquiry, Second Report, AGPS, 1977, page 9
The Magela wetlands, Kakadu National Park.
The Mirarr: yesterday, today and tomorrow 7 Executive officer’s report
This report for the Gundjeihmi Aboriginal Corporation, symbolises the ongoing project of institutionalising local Aboriginal (Bininj) control of Bininj land and lives. The Corporation is committed to the transparency and accountability that distinguish good governance and publishes this report in that spirit. Along with the Mirarr people, Gundjeihmi has traveled a long and often frustrating route to be in the position that it is today – the established and widely accepted representative body for the Mirarr traditional Aboriginal owners. This achievement stands as testament to the unswerving commitment of senior Mirarr people (especially Yvonne Margarula), their supporters in the local Bininj community and beyond, and the efforts of Corporation staff – those successive hard-working and deeply committed Australians who have chosen to walk with Mirarr in their struggle to prevail over Gundjeihmi Aboriginal Corporation not only the injustice of imposed unwanted executive officer, Justin O’Brien. development, but to seek to overcome the adverse legacy of colonialism itself. combination of leadership could have placed The priorities of the Corporation have shifted the Mirarr struggle so firmly on the international over the 15 years of its existence, reflecting agenda. This, of course, had immediate effect the varying political and economic realities of domestically, significantly strengthening the the time. The Corporation was established bargaining power of the Corporation in its in an oppositional context, quickly cast into dealings with the Australian government and an adversarial role with respect to the then others. imminent development of the proposed The focus on cultural and environmental Jabiluka uranium mine from 1996. These activism continued well into the term of the were the early years of the Howard Coalition following executive officer, Andy Ralph. During Government, which maintained an ardent this period the Corporation commenced a support for this development for the 11 years concerted scrutiny of the Ranger uranium it remained in power. Gundjeihmi’s corporate mine’s operation and, in particular, its identity was forged in the smithy of this protest environmental performance. This culminated in against Jabiluka, a large coordinated campaign the 2002 Senate inquiry into the environmental that drew international attention to the Mirarr regulation of the Ranger mine and the community, resulting in the abandonment of proposed Jabiluka mine. The Corporation’s mining plans and the establishment of the period of protest formally concluded with the Corporation on a firm footing. This campaign signing in early 2005 of the Jabiluka Long Term involved the often highly complex coordination Care and Maintenance Agreement, which of an international network of individuals and placed the Mirarr traditional owners once organisations supportive of the Mirarr struggle. again in a controlling position with respect to It could not have been achieved without the the proposed development and effectively steady support of organisations such as the quarantined the Jabiluka dispute from the other Australian Conservation Foundation, Friends work before the Mirarr community. This has of the Earth, The Wilderness Society and the allowed the Mirarr people to properly focus many Jabiluka Action Groups located right on the socio-economic development of their throughout the country. families and those of other Bininj in the region. The inspirational leadership of Yvonne The agreement is also of historical significance, Margarula and the then executive officer, as it represents the only instance in the region Jacqui Katona, was duly recognised with their of an Aboriginal clan group, in its own right, dual receipt of the Goldman Environmental directly contracting with mining interests and Prize in 1999. It is inconceivable that any other the Northern Land Council.
8 The Mirarr: yesterday, today and tomorrow Following this period, the Corporation, the negotiation of a town headlease for Jabiru under the guidance of the then executive and the renegotiation of the Ranger mine officer Graham Dewar, entered into a period agreement. of consolidation. Over the next three years, At this time, however, there is pause to often in the face of significant local adversity, reflect on just what role the Corporation plays Graham oversaw the steady institutionalisation for its members, the region and, to the extent of the Corporation as the Mirarr representative that the Mirarr comprise an important part body. During this period the governance of the Indigenous political domain of the Top arrangements of the Corporation were End, for Indigenous self-determination and reformed, resulting in a significantly more race relations in Australia’s north. Much of the professional and transparent management everyday work of the Corporation arises by way of Mirarr affairs. The period was marked by of the fallout from the colonisation of Aboriginal an overhaul of Indigenous policy by the then land in the region since the 19th century. The Coalition government, substantial legislative mode of development and the corporate reform (including the repeal and replacement structures dictated to Bininj by successive of the Corporation’s governing legislation), and, governments have neither been effective or of course, the Northern Territory Emergency of themselves especially benefited the local “Gundjeihmi’s Response or so-called ‘intervention’. Along community. Rather than throw our hands in with its governance arrangements, the financial despair, however, the Corporation has sought, corporate identity management of the Corporation was also by degrees and by any means, to adjust both significantly improved during this time. The the manner in which Mirarr approach the was forged in most evident achievement of Graham’s term as dominant neocolonial paradigm and, by deft executive officer, however, was the commitment and at times blunt politicking, to adjust the the smithy of the by the Mirarr to direct royalty income derived frame in which Mirarr exist – living their lives, protest against from the Ranger mine to community housing raising their children, practicing their culture, and the establishment of a new administrative protecting their country. All this is ultimately Jabiluka.” complex at Jabiru. Both of these projects informed by the twin traditional obligations of signified an important shift in the political looking after country (gunred) and looking after Justin O’Brien, dynamics within the Corporation and between people (guhpleddi). Executive Officer, the Corporation and key external stakeholders, There is, naturally, much ‘undone business’ The Gunjeihmi notably those in government. They are to address in coming months and years, but Aboriginal also material evidence of the Corporation’s “there will be time, there will be time” – there Corporation. commitment to socio-economic development is a much greater need at present for Mirarr and the fact that the Corporation sees itself and their GAC staff to carve steppingstones playing a long term role in both the lives of its from the stumbling blocks that colonial history, Mirarr members and the development of the misguided policy and corporate greed have Kakadu West Arnhem region. thrown before the community. This means, The current period of the Corporation’s in short, good planning, engaging with all history is marked by community development, stakeholders, prudential financial management, the ‘mainstreaming’ of financial management, best practice governance and community ongoing scrutiny of the environmental development. It could be said that such things performance of industry and government are the hallmarks of the mainstream and bodies conducting operations on Mirarr dominant society that has served to marginalise country, and ongoing institutionalisation. I Bininj people. The Corporation will do these aim for the Corporation to be run in a more things, however, not so as to diminish the accountable and efficient manner, to have the difference between Bininj and mainstream Corporation’s royalty income better working for Australia, not so as to forego the great it, to dedicate significant and better targeted distinguishing aspects of Aboriginal society, funding to the alleviation of socio-economic but to better articulate that society’s viewpoint, disadvantage experienced by Mirarr and other to argue on behalf of it, and to defend and Bininj in the region, for the Corporation to check advance its rights – so as to provide for true the excesses and highlight the omissions in self-management. ERA’s environmental performance so as to lift While the current team of the Corporation that performance, to see the Corporation far is both deeply committed and well-balanced, more active in cultural heritage protection, and each of us shares the aspiration of local to foster the development of a new generation Aboriginal people assuming responsibility for of Indigenous decision-makers. There are, of the management of the Corporation within course, significant pieces of work ahead of the next decade. It is to realise this and other us, not the least being the construction of a aforementioned priorities that we commit boarding residency for Mirarr schoolchildren, ourselves. Justin O’Brien
The Mirarr: yesterday, today and tomorrow 9 Escarpment face Jabiluka. 10 The Mirarr: yesterday, today and tomorrow Board of Directors
The Corporation elected directors, who are also Mirarr Traditional Aboriginal Owners, to its Board on annual general meetings held on 28 October 2008 and 24 November 2009. The names of directors holding office during the reporting period are shown below. The outgoing Directors were all re-elected unopposed for two-year terms at the November 2009 annual general meeting.
Back row, l to r: Matthew Gamarrawu, Enid Ganarradj, Valerie Balmoore, Yvonne Margarula, Julie Djandjul and Sandra Djandjul. Front, l to r: Melanie Elgregbud, Nida Mangarrbar and Ruth Gamarrawu.
The Mirarr: yesterday, today and tomorrow 11 Acronyms EDTL Executive Director of Township Leasing ERA Energy Resources of Australia eriss Environmental Research Institute of the Supervising Scientist GAC Gundjeihmi Aboriginal Corporation JTDA Jabiru Town Development Authority KNP Kakadu National Park MTC Minesite Technical Committee NLC Northern Land Council RPA Ranger Project Area RUEI Ranger Uranium Environmental Inquiry RUM Ranger Uranium Mine WACJ West Arnhem College, Jabiru
A jabiru at the Ranger Uranium Mine.
12 The Mirarr: yesterday, today and tomorrow Closing the gap
The phrase “closing the gap” in relation to State and That said, the GAC in its current activities has Commonwealth approaches to Indigenous issues has instigated programs which are already addressing become something of a mantra. The term connotes policy Indigenous issues as identified under the “closing the underpinned by a biomedical population health model, gap” model. which views strategies leading to statistical parity between In its Overcoming Indigenous Disadvantage Key Indigenous and non-Indigenous sectors as, by definition, Indicators report of 2009, the Productivity Commission successful. identified seven ‘strategic areas for action’ stemming Although this approach is in many ways valuable, its from already published COAG targets and headline employment at the legislative level to the exclusion of other, indicators. complementary, approaches risks not only unnecessarily Notwithstanding certain reservations about the paternalistic policies, but also, ironically, an increase in the biomedical and statistical biases contained therein, number and degree of hardships experienced by the very the Gundjeihmi Aboriginal Corporation recognises the people it is intended to help. pressing need to address these strategic areas in ways The GAC is committed in the near-term to engaging in, which localise their definition and produce meaningful and commissioning, research into alternative approaches to and beneficial results for its constituents. tackling Indigenous disadvantage. This research will include Each of the Productivity Commission’s strategic examing the effectiveness of government service delivery, priorities is listed overleaf, together with Corporation the balance between rights and access to services, and the activities which address the issues raised. application of equal opportunity principles to Indigenous people.
The Mirarr: yesterday, today and tomorrow 13 Strategic area for action: governments regarding uranium mining royalties Early childhood development • Active and ongoing negotiaion regarding the proposed Kakadu Relevant Gundjeihmi Aboriginal Corporation Response: Socio-Economic Development Trust • Medical insurance initiative enabling private cover • Provision of resources and office space for liaison with Strategic area for action: Home environment Relevant Gundjeihmi Aboriginal Corporation Response: health and welfare officials • Construction of new houses at Djirrbiyuk and Madjinbardi • Planned partnership with NT Education Department on • Refurbishment of existing houses at outstations early childhood matters • Construction of single mens’ quarters in outstations to reduce • Members’ assistance with health-related travel and intra-community conflict accommodation Strategic area for action: Safe and supportive communities Strategic area for action: Education and training Relevant Gundjeihmi Aboriginal Corporation Response: Relevant Gundjeihmi Aboriginal Corporation Response: • Development of regional community safety plan • Development of Kakadu Youth Centre • Funding of Gunbang Action Plan to address issues of alcohol • Development of multi-use media lab abuse • Construction of student boarding facility • Ongoing dialogue with licensees in the Kakadu area to address • Ongoing school attendance program, including monitoring issues of alcohol abuse • Formulation of an asset-based community development plan and regular reporting to Board of Directors for Madjinbardi • Daily school runs • Ongoing dialogue aimed at ameliorating conditions at the • On-going dialogue with West Arnhem College, Jabiru, on Shire-run Manaburduma housing site in Jabiru issues such as attendance and curriculum • Ongoing dialogue with Jabiru area school on issues such as • Casual work crew training and certification attendance and bullying • Community development training • Ongoing dialogue with health industry professionals regarding access and cultural issues • School lunch program • Ongoing pressure applied to relevant bodies to ensure stringent monitoring of, and mitigation of, potentially deleterious Strategic area for action: Healthy lives environmental effects of potential systems malfunctions at the Relevant Gundjeihmi Aboriginal Corporation Response: Ranger uranium mine • Construction of new houses at Djirrbiyuk • Ongoing opposition to the development of the Jabiluka • Refurbishment of existing houses at Madjinbardi and other uranium mine, thus preventing associated deleterious social and environmental effects outstations • Ongoing negotiation to provide certainty of tenure for residents • Community development planning at Madjinbardi and businesses in Jabiru beyond the expiry of the current • Planning and construction of outstation resource centres head-lease, thus allowing sustainable future development, • Planning and construction of outstation community centres culturally appropriate local laws and equitable civic • Ongoing dialogue with medical professionals regarding management issues of cultural sensitivity and access Strategic area for action: Governance and leadership Relevant Gundjeihmi Aboriginal Corporation Response: • Chairing the Gunbang Action Group • Leadership provided by board of directors of the Corporation • Funding of Gunbang Action Plan to address issues of • Multiple socio-cultural roles and functions performed by the alcohol abuse Corporation • Ongoing dialogue with licensees in the Kakadu area to • Representation of the Mirarr people at all levels of government address issues of alcohol abuse through intercession by the Corporation • Selection and appointment of appropriately qualified advisors • Management of existing Corporation real estate assets and Strategic area for action: Economic participation investments Relevant Gundjeihmi Aboriginal Corporation Response: • Planning and monitoring investments in real estate and equity • Formation and maintenance of Mirarr casual work crew funds • Purchase of two local retail businesses • Active and ongoing negotiation with ERA, NLC and • Interaction with community stakeholders regarding the government regarding uranium mining royalties project-based hiring of the voluntary work crew • Active and ongoing negotiation regarding the proposed Kakadu Socio-Economic Development Trust • Provision of transport, machinery and tools for the voluntary • Ongoing negotiation to provide certainty of tenure for residents work crew and businesses in Jabiru beyond the expiry of the current • Assisting interaction with Centrelink, Australian Taxation Office, head-lease, thus allowing sustainable future development, superannuation funds and so forth for Corporation members culturally appropriate local laws and equitable civic • Management of existing Corporation real estate assets and management investments • Rolling best practice governance project, with emphasis on • Significant investments in real estate and equity funds transparency and accountability • Active and ongoing negotiation with ERA, NLC and • Development of Corporation policy and procedure manual
14 The Mirarr: yesterday, today and tomorrow Our past, our future
The Mirarr: yesterday, today and tomorrow 15 Olympic gold medalist, Cathy Freeman lends her support to the stop Jabiluka campaign. Picture: Craig Golding/FairfaxPhotos
Midnight Oil after playing a concert on the Jabiluka mineral lease in 1998.
16 The Mirarr: yesterday, today and tomorrow Our past, our future Our past, o ur future Our past, The Mirarr are the traditional Aboriginal subsequently became the Kakadu National Over the past (Bininj) owners of an estate covering much Park. of the north-east of Kakadu National Park, Simultaneously, the Mirarr were denied the three decades, parts of Western Arnhem Land, and the lands common right of veto over the Ranger uranium comprising the Ranger Project Area, Jabiluka mine. Also the areas comprising the township of the Mirarr have uranium lease and the town of Jabiru. Mirarr Jabiru and adjacent buffer zone were specifically have important obligations to both neighbouring excluded from the land grant. borne the brunt clans and other Bininj in the region. The sense of inevitable disregard with Mirarr have two main approaches to their which this was received by government was of unwanted responsibilities: looking after country (gunred) immortalised in the findings of the Ranger and people (guhpleddi). Gunred encompasses Inquiry: uranium mining control of the physical environment, including The evidence before us shows that the development. the protection of land and significant sites. It is traditional owners of the Ranger site and the also the recognition, assertion and promotion Northern Land Council (as now constituted) of cultural rights, and the carrying out of living are opposed to the mining of uranium on the tradition on that country. Guhpleddi is intrinsically site … There can be no compromise with tied to gunred because Bininj and country are the Aboriginal position; either it is treated as considered inseparable. It encompasses an conclusive, or it is set aside … That our values extremely complex set of relationships and are different is not to be denied, but we have cultural obligations between Mirarr, their country, nevertheless striven to understand as well as and other Bininj. can be done their values and their viewpoint. The Mirarr community comprises 28 adults We have given careful attention to all that has and about 40 children, in three groups: the been put before us by them or on their behalf. Mirarr Gundjeihmi, Mirarr Urningangk and Mirarr In the end, we form the conclusion that their Mengerrdji. Spouses and other dependents opposition should not be allowed to prevail.1 take the total number of people under the As part of the Ranger agreement – obtained Olympic gold medalist, Cathy Freeman lends her support to the stop Jabiluka campaign. Picture: Craig Golding/FairfaxPhotos direct ambit of the GAC to approximately 160. under duress – local Aboriginal interests have In addition, the Corporation provides financial received, via different organisations over time, assistance to some 200 other Bininj families a percentage of the mine’s total revenue as a from across the region on a six monthly basis. royalty equivalent. Over the past three decades the Mirarr have In 1982 a second mining agreement affecting borne the brunt of unwanted uranium mining Mirarr country, at Jabiluka, was executed. This development on their land and have consistently agreement, coming four years after the Ranger opposed the unilateral imposition of further agreement, fuelled years of mistrust between uranium mining. Mirarr, government and industry, which came to In the mid-1970s, following the a head during protests in the late 1990s. Commonwealth’s Ranger Uranium In 1996, the newly-formed Corporation and Environmental Inquiry (also known as the Fox the Mirarr people were compelled by events to Inquiry) and the concomitant passing of the enter a dramatic period of operation. Aboriginal Land Rights (Northern Territory) For the previous 13 years the proposed Act 1976, the the Mirarr were granted title to Jabiluka uranium mine had been mothballed, that part of their ancestral estate within what excluded from development by the Hawke and
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
> 50,000 years: commence regular that “the view … to short-lived. as livestock, quickly Earliest confirmed trading contact with say the best of it, 1838: turning feral. evidence of human the Aboriginal people was unvaried and Port Essington 1844: Ludwig occupation of Mirarr of the area. heavy.” founded on Cobourg Leichhardt travels land. 1818: Explorer Phillip 1820s – 1830s: Peninsula, north- though the inland ca 1700 CE: Parker King reaches Various attempts west Arnhem Alligator Rivers Macassan the South Alligator at white settlement Land. Asian water Region to Port trepang fishermen River. He reported in the region, all buffalo introduced Essington.
The Mirarr: yesterday, today and tomorrow 17 Keating Labor Governments’ “three uranium Congress, and the European Parliament. mine” policy. After more than a decade of These last very public actions forced the inactivity at the Jabiluka site the Mirarr could Howard Government into positions of resolute be forgiven for thinking that that part of their opposition to highly respected pan-national
Our past, o ur future Our past, traditional estate was safe from mining. bodies, creating an impression of insular and This changed in 1996 with the election of belligerent nationalism. the strongly pro-uranium Howard Coalition. In 1999, the essential heroism of the The “three mine” policy was ditched, and an Mirarr’s international fight against Jabiluka was environmental impact statement for the Jabiluka recognised when Yvonne Margarula and then project was released: a clear signal that the executive officer of the GAC, Jacqui Katona, mine was considered a high priority. flew to the US to receive the prestigious In this, the Government was aided by a Goldman Environmental Prize. While there, the pro-mining Northern Territory administration, pair also met with then-First Lady, Hillary Clinton. and significant pressure was brought to bear on By 2001 ERA’s parent company Rio Tinto the Mirarr. A large proportion of the Australian formally admitted that development of the public, however, shared the Mirarr view that mine was unlikely in the near term, citing Jabiluka should not go ahead. Indeed, one the prolonged opposition of the Mirarr. The Newspoll found opposition running at above 60 GAC immediately stepped up its lobbying per cent. The energetic revival of development of the company, along with Territory and at the site prompted widespread anger. Commonwealth governments, to repair After a court action brought by the Mirarr environmental damage and rehabilitate the mine was defeated, the Corporation found itself in the site. The company eventually agreed to backfill role of co-ordinating and controlling the massive the mine’s single 1.2 km decline and undertake upwelling of anti-Jabiluka sentiment which broke other rehabilitative programs. out across the country and internationally. In 2005, ERA effectively signalled the Over the next eight months, some 5000 abandonment of any immediate plans for people travelled to Jabiluka and staged a Jabiluka. It signed a Long Term Care and passive blockade at the mining lease. The Maintenance Agreement which not only Corporation can take much credit for its committed it to further rehabilitation of the site, The “Jabiluka hand role in channelling the protesters’ fury into but also gave the Mirarr the right of veto over symbol” was designed in 1996 by artist Kathleen constructive, non-violent outcomes. During the any future mining activity on the lease. McCann and quickly blockade around 500 people were arrested. With the threat of a second uranium mine became the dominant icon These included senior traditional owner Yvonne on the Mirarr traditional estate at last allayed, representing the peaceful blockade of the Jabiluka Margarula, Gundjeihmi staff Jacqui Katona and the GAC was able to reconfigure its operations mine site. Christine Christopherson, and other local Bininj, and priorities. Its focus thus changed to one of The design evolved who were charged with trespass on land to addressing the housing, education and health through consultation with the Mirarr, and which the Mirarr legally hold title. needs of its constituents. utilised, with permission, Direct actions intended to halt work at Since its formation in 1995, the Gundjeihmi the colours of Harold Jabiluka spread. The Corporation organised Aboriginal Corporation has been the body Thomas’s 1971 Aboriginal flag. The “open hand” is several national speaking tours, and seeded responsible for the collection, disbursement, a common motif in much the formation of a number of Jabiluka Action management and investment of the Ranger Aboriginal rock art, and Groups in every Australian capital city and royalties. The Corporation comprises solely the also symbolises “stop” in many cultures around the many regional centres, as well as Germany, UK, Mirarr group, and is governed by a Board of world. Japan and the US. Legal action was initiated in Directors comprising Mirarr elders. several courts. Mirarr elders mounted lobbying This report illustrates the success to date in campaigns in international fora such as the implementing its vision, and outlines important 1. Fox et al, Ranger Uranium Environmental Inquiry, Second Report, AGPS, 1977, page 9 UNESCO World Heritage Committee, the US developments planned for the years ahead.
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
1847: Leichhardt’s abandoned, leaving Australia, promoting north, creating the 1876: Commercial published journal effectively no the wealth-making Northern Territory. buffalo hunting records that “natives European settlement opportunities of land 1869: Palmerston, begins on Cobourg [in the region] were in the area. in the north. the permanent Peninsula. very numerous” 1850s – 1860s: 1863: South settlement at Port 1891: Alluvial gold 1849: Port Anecdotal reports Australia annexes Darwin, established. mining begins at Essington circulate in southern the land to its Pine Creek, south-
18 The Mirarr: yesterday, today and tomorrow The Gundjeihmi Aboriginal Corporation, past and present
Gundjeihmi AboriginalThe Mirarr: Corporation yesterday, Annual today Report and 2008-2009 tomorrow 19 Termite mounds 20 The Mirarr: yesterday, today and tomorrow The Gundjeihmi Aboriginal ast and present ast Corporation, past and present P
The Gundjeihmi Aboriginal Corporation was • publish and disseminate information; founded in 1995, to act as the vehicle for the • maintain culture and protect heritage; collection, disbursement and investment of • assist in establishing an economic base; funds derived from the Ranger Uranium Mine • represent the interests of members in on behalf of its primary stakeholders, the Mirarr the development of regional agreements clan. The Corporation plays a pivotal role in the and other matters that will further self- management of relations between Mirarr and determination; and other Bininj, and between Mirarr and non- • assist with education, family programs, and Indigenous people (Balanda). community development. The Corporation’s vision for the welfare Structure of the Mirarr clan necessarily extends well The Corporation operates in accordance with beyond the current projected end of the its governing legislation, the Corporations Ranger mine in 2026. (Aboriginal and Torres Strait Islander) Act Today’s Mirarr children represent the fourth First lady Hillary 2006. This act replaced the former governing generation of the clan to be profoundly – and Clinton congratulates legislation, the Aboriginal Councils and for the most part, negatively – affected by Jacqui Katona and Associations Act 1976. uranium mining. The projected mine closure Yvonne Margarula in It is governed by a Board of Directors, date (by no means definite) will occur during Washington DC after comprising senior members of the clan. the early lives of a fifth generation. The ongoing they recieved the Goldman Enviromental It employs seven full time staff: executive problems exacerbated by the development Prize in 1999. officer, administration manager, administrative of the mine – such as catastrophic social and (see page 18, 23) assistant, youth development officer, project officer, science officer and research officer. In addition, through its work crew, it employs on a casual basis up to 20 additional people at any given time. The corporation also retains a number of advisers on a contractual basis. These advisors come from fields including law, governance, hydrology, linguistics, environmental science and events management (see chart, page 22).
Mission The Corporation Mission Statement commits it to: • assist with housing and community services; • raise funds where appropriate for furthering its objectives;
UNDERMINED: European settlement, uranium mining, and the Mirarr people >> west of the Alligator now Oenpelli 1885: Three the Alligator Rivers deposits discovered Rivers region. or Gunbalanya. separate reports region. at Mundogie Hill, Ceases in 1985. Buffalo becomes a recommend the 1911: near South Alligator Circa 1882: Paddy significant source establishment of Commonwealth River. Cahill establishes of subsistence buffalo-hunting, acquires control 1920: West Arnhem a buffalo-hunting economic activity for rice-growing and of the Northern Land Reserve camp he called Aboriginal people. sugar industries in Territory. proclaimed. Owenpeley, 1920: Gold-bearing
The Mirarr: yesterday, today and tomorrow 21 cultural disruption, negative health outcomes, governance; alcohol addiction and long-term environmental • Developing sustainable incomes and degradation – are likely to adversely affect businesses for future generations. many more generations to come. ast and present ast P The Gundjeihmi Aboriginal Corporation is Corporation history committed to putting into place structures Fulfilling the Mission Statement has involved – physical, intellectual and financial – that many different approaches during the life of will safeguard and stabilise the cultural and the corporation. This in large part has been economic future of the Mirarr. due to the sometimes volatile nature of the These structures fall under five broad geo-politics of the Alligator Rivers Region, categories: challenged by the imposition of uranium • Ensuring long-term beneficial health and mining. housing outcomes; Between 1996 and 2000, for instance, • Protecting the culture (physical and spiritual) much of the corporation’s work was of the clan and its neighbours; channelled into what became the international • Protecting traditional Mirarr country; campaign to prevent development of the • Ensuring Bininj control of Bininj lives and Jabiluka uranium deposit. country, with robust and transparent good More details of the Jabiluka campaign can
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
1925: Management 1930:. Small-scale larger Arnhem Land in Alligator Rivers 1950s: Buffalo of Gunbalanya, now tin mining Reserve. region. hunting for hides a significant centre, south-east of 1933: Gold mining 1947: Pastoralist declines. is taken over by the Gunbalanya. starts at Mundogie Joe Callanan starts 1953: Atomic Church Missionary 1931: West Arnhem Hill, Kakadu. mining galena and Energy Act passed, Society of Australia Land reserve 1940s: Crocodile silver in Fischer placing uranium and Tasmania. incorporated into hunting established Creek area. mining under
22 The Mirarr: yesterday, today and tomorrow be found in the Timeline and the Executive cultural, educational and health programs. Build Up Design Officer’s report. It is worth noting here, Also of great importance are the ‘was delighted to however, that this period saw the corporation corporation’s current efforts to secure be involved with – and by extension the Mirarr clan – emerge healthy, sustainable futures for the coming
the development and present ast as a powerful player on the international stage. generations of the Mirarr clan. These include of a new office P Mirarr voices were heard to advantage in the establishment of a new socio-economic for Gundjeihmi global fora such as the World Heritage Bureau, development plan for the Kakadu and West Aboriginal UNESCO, and the European Parliament. Arnhem region, planning for the future of the Corporation. The This work was recognised in April, 1999, Jabiru township, long-term investments in real new building when Mirarr senior traditional owner Yvonne estate and managed funds, ongoing scrutiny replaced an existing Margarula and then-executive officer of of the environmental impacts of the Ranger demountable the corporation, Jacqui Katona, were Uranium Mine and proposed Jabiluka uranium building located at jointly awarded the prestigious Goldman mine, and a renegotiation of the Ranger the local caravan Environmental Prize at a ceremony in San uranium mine agreement. More details on park. The new Francisco. each of these matters can be found later in this building responds Throughout its e xistence the corporation report. to the local climate has underpinned its activism with research. with its orientation, It has made numerous detailed submissions wide sheltering to Senate and House of Representatives Principal physical assets eaves, steeply committees, as well as other inquiries Housing pitched roof and auspiced by NGOs, Northern Territory The corporation currently owns 10 houses louvred windows. Government and international bodies. These in settlements within the Mirarr estate, and It provides office are detailed in the Timeline. maintains an active building program using and meeting spaces In February 2005 the Mirarr, NLC and external builders. For more detail, see Housing for the Mirarr and ERA – after some 18 months negotiations Mirarr Families (page 41). their visitors, with –executed the Jabiluka Long Term Care and verandah waiting Maintenance Agreement. This has effectively Gundjeihmi Aboriginal and circulation ‘quarantined’ the dispute over proposed Corporation office complex space allowing for mining at Jabiluka and allowed parties to For 12 years, since its foundation in 1995, a connection to the address the socioeconomic standing of Mirarr the Gundjeihmi Aboriginal Corporation natural environment. and other local Bininj. The agreement, inter operated either from private premises, or in the I hope that the alia, provided for the reburial of the waste rock cramped and uncomfortable conditions of a building fullfils the and uranium ore removed from the Jabiluka demountable building in a Jabiru caravan park. needs of Gundjeihmi underground decline and the requirement for All that began to change in October 2006 Aboriginal the written consent of the Mirarr in order for when work began on the construction of a Corporation and any mining works to proceed. This effectively dedicated administration complex at 5 Gregory with the Mirarr well returned to the Mirarr community the veto they Place, Jabiru. Construction was completed for the future. lost under duress in 1982. The agreement also in May, 2007, and an exciting new era ’ provided for the cancellation of the obligation commenced for the Corporation. Simon Scally on the mining company to provide so-called Designed by architect Simon Scally and Build Up Design suspension payments while the mine was not constructed by PTM Homes, the new climate- Architects, Darwin developed. controlled premises comprise five offices, Quarantining the Jabiluka dispute has boardroom, library, kitchen, toilets and covered allowed the Corporation to dedicate itself association areas on all sides. There is also a to improving the lives and conditions of its large purpose-built storage facility adjacent. constituents in immediate and concrete ways. The grounds include on-site parking and These activities include housing, employment, landscaped areas featuring a profusion of native
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
Commonwealth 1953: Coronation Hill. discovers mining operations defence powers. Commonwealth 1954: Uranium Coronation Hill commence in 1953: First tourism Bureau of Mineral deposits discovered uranium deposit Coronation Hill area. venture in the Research discovers at Sleisbeck and El is viable; mining Circa 1959: Mining region: a huntng uranium near Sherana. commences. tracks inadvertantly lodge at Nourlangie. Callanan’s prospect; 1956: United Circa 1957: Other open important area renamed Uranium NL small uranium- Bininj art sites at
The Mirarr: yesterday, today and tomorrow 23 ast and present ast P
plants, many of them edible. The cost of the further enhance the important service the project was approximately $2 million. It was centre provides to the regional community. funded entirely from Gundjeihmi Aboriginal Corporation reserves. Scarborough House, Canberra The new building was awarded the 2008 The Mirarr, through the corporation, are one Royal Australian Institute of Architects of four Indigenous community organisations (RAIA) Northern Territory Indigenous which have a direct strategic investment in Community Architecture Award, and the Scarborough House, a 15 storey building in 2008 RAIA Northern Territory Commercial Canberra’s Woden town complex. Architecture Award. The communities own the building in partnership with Indigenous Business The Kakadu Youth Centre Australia. Previously vacant, the building Views of the GAC In a major boost to the facilities available was opened in 2005 after a $32 million office complex. to Mirarr youth – and Jabiru young people overhaul. It is securely leased to the Federal in general – the renovated Kakadu Youth Department of Health and Ageing. Centre, owned and operated by the GAC, The Corporation currently receives opened its doors in mid 2008. a return on its investment in excess of The Youth Centre building comprises $100,000 per annum. some 2750 m2 of floor space and is sited at 10 Gregory Place, Jabiru. Local business development The development of the Centre In 2009 the Corporation acquired two local marks the successful rehabilitation by retail businesses – Kakadu Boat Hire and the Corporation of what had previously Tackle and It’s Kakadu Gifts Souvenirs and been a disused structure. The building, Video Hire. These purchases signal a new constructed in 1989, was originally a and more economically active direction for restaurant. After that, it was occupied by the Corporation. The 2010 year will see the the Daluk Daluk screen-printing business, Corporation prepare a business plan for and then the Kakadu Aboriginal Family these retail premises that is closely aligned Resource Centre. with the broader community development In 2004 the premises were gifted to the initiatives of the Corporation. In addition to Corporation by the Family Resource Centre. their economic value, it is anticipated that After extensive research and feasibility the operation of these premises will be fully studies, more than $300,000 of Corporation integrated with the youth development, Eva Pettersson funds was committed to develop it as the training and employment programs run by at It’s Kakadu Gifts Souvenirs and Youth Centre. The Corporation has applied the Corporation. Video Hire, Jabiru to extend the centre, adding a music room, The businesses are located adjacent to Plaza. extra office space and storage. These will one another at the Jabiru Plaza.
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
Christmas Creek 1962: Hunting lodge Cooinda. Reserves Board Electrolytic Zinc and Stag Creek established by Tom 1963: Commercial recommends the Company begin to unauthorised Opitz at Cooinda; crocodile hunting East Alligator River joint exploration Balanda access. transferred to ends because of region be declared for uranium in the 1960: Buffalo Gagudju Association decline in numbers. a national park. Alligator Rivers hunting for pet meat in 1980, now called 1965: Northrn 1967: Peko region. begins. Gagudju Lodge, Territory Mines Ltd and
24 The Mirarr: yesterday, today and tomorrow Staff profiles
This picture has been temporarily removed for cultural reasons.
The Mirarr: yesterday, today and tomorrow 25 Justin O’Brien, Executive Officer Geoffrey Kyle, Mining o files Justin O’Brien was and Environment Officer appointed Executive A chartered chemist with Officer in October a background in industrial taff pr taff S 2008, returning to the and environmental Corporation after a chemistry, Geoff has over three-year period away. 30 years experience in the He was previously the mining industry, including Senior Policy Adviser six years as a senior to the Northern Land Council and a senior environmental technician policy adviser with the Northern Territory at the Ranger Mine. Prior to his appointment ‘Gundjeihmi Department of the Chief Minister. Justin to the GAC in early 2005, Geoff worked in the holds a Bachelor of Arts degree from Mining Branch of the Northern Land Council. has an Monash University. From 2000 to 2005 he Duties: Monitor the biophysical environment was the Communications Manager for the of the Mirarr estate and the environmental important role Corporation. Justin has worked extensively performance of the Ranger and Jabiluka with Aboriginal communities and has Mines. Assess the environmental in Jabiru’s experience in advocacy and media relations, consequences of mining company actions future.’ and as a journalist. on the Mirarr estate. Contribute to planning Duties: representing GAC in the of rehabilitation of the Ranger Project Area. Russell Cubillo, management and carriage of relationships Acquire and record information for the Mirarr Project officer with all other external bodies; management Cultural Database. and coordination of Board meetings and adherence to legislative and regulatory The main thing I would like the Gundjeihmi requirements; management of GAC Aboriginal Corporation to achive in 2010 is to workplace; financial management, secure the authority of a major stakeholder administration and monitoring of the GAC to on the regulatory committees that govern the ensure appropriate accountability; leadership operation of ERA on the Mirarr estate; and to to assist in the social, economic and cultural secure from ERA an enforceable commitment development of members. to rehabilitate the Ranger Project Area to an appropriate and agreed standard. The main thing I would like the Gundjeihmi Aboriginal Corporation to achieve in 2010 is George Walloschek, the ongoing consolidation of the organistion Administration Manager as a representative body of the Mirarr George Walloschek Traditional Owners. I would like to see has only recently joined the Corporation continue and expand Gundjeihmi. He brings its socioeconomic development work, with him a number of support and foster strong and independent years of varied experience Indigenous leadership and best practice both in Australia and governance. I also hope for the Corporation overseas. As a volunteer, to support the research, development firstly in Jamaica, he and implementation of innovative and taught accounting and economics for four autonomous policy solutions in Indigenous years. Then, in Papua New Guinea, he spent affairs more generally. over twenty years working in promoting business development opportunities for
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
1969: Madjinbardi National Park. Oenpelli Council. for uranium. survey detects and Munmarlary 1969: The Border 1970: Australian 1970: Ranger, radiation anomalies, pastoral leases Store, near Atomic Enery Narbalek and 220km east of commence, on Gunbarlanya, is Commission reports Koongarra uranium Darwin, near the Mirarr land. Now licensed to sell that 60 companies deposits identified. Arnhem Land incorporated into alcohol, over the were exploring, or June, 1970: Aboriginal Reserve. Stage II of Kakadu objections of intended to explore, A Peko/EZ aerial Ground exploration
26 The Mirarr: yesterday, today and tomorrow Indigenous peoples. Since coming to consult with Mirarr traditional owners; to
Australia, he has worked for almost ten obtain instructions; to provide information on o files years in Aboriginal communities in both issues affecting Mirarr and other Aboriginal Western Australia and the Northern Territory clan groups; and to assist, develop, taff pr taff in bookkeeping, accounting and financial implement and coordinate strategies to S management areas. protect and advance the social, political, Duties: Finance and administrative cultural and economic interests of the matters; ensuring the prompt payment of Corporation membership. The Project Officer creditors and employees, as well as the is also responsible for member support, timely disbursement of funds to members; field operations, logistics, and repair and maintaining accurate transaction records to maintenance of GAC assets. assist transparency and accountability goals. I would like to see Gundjeihmi Aboriginal The main thing I would like to see the Corporation achieve its goals one step at Gundjeihmi Aboriginal Corporation a time. Gundjeihmi has an important role in acheve in 2010 is the development of a the development of Jabiru’s future, and that comprehensive action plan that will allow of the surrounding communities. No doubt, our members to become actively involved in this will be an ongoing task in the future commercial activities in the area, including for Gundjeihmi, but for 2010 I would like to the commencement of business undertakings see the hard work that has gone into the that are within the abilities of our membership development of the Jabiru Youth Centre help to successfully undertake. the children of the community grow.
Russell Burrithi Cubillo (na-Godjok), Project officer Russell Cubillo commenced work with the Corporation in January 2009 as the Project Officer. He was previously with the Department of Environment, Arts and Heritage for 10 years, working in many positions, particularly Visitor Management Services. During this time he was also This picture has been appointed to the Kakadu Board of temporarily removed for Management (from 2000 – 2005), where he cultural reasons. acted as Deputy Chair. Russell has worked with government and non-government organisations. In his early years Russell worked extensively with the NT departments of health and the environment. He has also worked with many Aboriginal communities across the Northern Territory. Russell is a proud Larrakia/Jawoyn Aboriginal man who is still active in Aboriginal politics and his family’s interests. Duties: This position is responsible for GAC project officer Russell Cubillo (na-Godjok) and a member assisting the Executive Officer to liaise and of the Casual Work Crew and Mirarr traditional owner, Steven Mudjandi.
UNDERMINED: European settlement, uranium mining, and the Mirarr people >> confirms the find. Commonwealth could continue. the Ranger deposit. with Getty Oil Late 1970: Airstrip Government June, 1971: Peko June 1971: Jabiluka Development at Jabiru and first foreshadows a and EZ amalgamate uranium deposit Company to exploit camp (Georgetown) national park in to form Ranger identified. Jabiluka uranium completed. the Alligator Rivers Uranium Mines Pty October, 1971. deposit. January, 1971: region, but indicates Ltd to manage the Pancontinental The Gorton uranium exploration deposit, known as enters joint venture
The Mirarr: yesterday, today and tomorrow 27 Tom Johnson Officer, responsible for the coordination of o files Research and Policy Officer youth activities for Mirarr and other local Tom Johnson is GAC’s Indigenous and non-Indigenous youth. Born new Research and Policy and bred in Kakadu, Veronica has strong taff pr taff S Officer based at the cultural ties with the Mirarr members of the ANU’s North Australian Corporation. After completing her schooling Research Unit in Darwin. in Darwin she returned to Kakadu to work Tom’s role is to coordinate for the Mirarr people and is today an integral and manage the policy, positive contributor to the region’s community research and good governance of GAC. Tom development. Based at the Kakadu Youth is a graduate of public policy and criminology Centre, Veronica is also responsible for the and has extensive experience working Centre’s operations and in conjunction with in state, territory and local government. consultants Intercultural Services (ICS) also Tom brings a passion to assist the Mirarr facilitates media workshops, including the in achieving self-determination, protecting music videos produced from the Centre. and maintaining country, and advocating for In addition to these youth development Indigenous rights in this uncertain policy area. functions, Veronica also provides important administrative and other support to Veronica Wellings Corporation members. Youth Development Officer A local Bininj woman, Veronica Wellings “In 2010 I want to see the boarding house for has worked for the Gundjeihmi Corporation Mirarr and other Bininj kids up and running, since 2004. Originally employed as an more productions at the Kakadu Youth administrative assistant, Veronica is now Centre, and more events for youth in Jabiru.” the Corporation’s Youth Development
GAC youth development officer Veronica Wellings at work in the Kakadu Youth Centre, in the lead-up to the Mahbilil Festival.
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
1972: approximate location approves uranium December, in the Northern Commonwealth of Jabiru. export contracts for 1972: The Whitlam Territory. Department of October, 1972: Ranger, Narbalek Labor Government 1973: The Board Natural Resources The Gorton and Queensland’s is elected, and of Inquiry on the study recommends government, Mary Kathleen announces Liquor Laws of the a new regional although in project. an inquiry into Northern Territory centre be built in the caretaker mode, Aboriginal land rights finds the Aboriginal
28 The Mirarr: yesterday, today and tomorrow Cultural development
The Mirarr: yesterday, today and tomorrow 29 Helen Dhurrkay dances at the 30Mahbilil The Mirarr: Festival yesterday, today and tomorrow in Jabiru, 2009. o pment
From August 2006- ‘August 2009, Cultural development Gundjeihmi Aboriginal Corporation acted as Industry Partner in an devel Cultural The Mirarr retain and celebrate a strong required for a student to attain benchmark. Australian Research ancestral culture. The Mirarr estate is The attendance figure for Mirarr children Council Postdoctoral replete with tradional places of significance, for the period January to December, 2009, Linkage project including sacred sites – the best known was about 43 per cent, against a Territory conducted by me at being Djipidjipi (Mount Brockman), adjacent average for Indigenous children in very Melbourne University. to the Ranger uranium mine – and rock art remote schools during the same period of The project involved galleries dating back millennia. 63 per cent. the development of Mirarr culture, however, is far from being Perhaps significantly, attendance rates resources for the merely ‘historical’. It is a living set of beliefs much closer to the Territory average for Gundjeihmi language, and narratives that in many ways determine Indigenous children in very remote schools principally the the entirety of personal interactions. were achieved in the years 2000 to 2003, continuation of the Neither, however, is it a completely inflexible when the West Arnhem Area School, Jabiru, Gundjeihmi dictionary system: Mirarr culture is both adaptable and was in receipt of Federal funding to run an project. syncretic. Indigenous Health Education Project. The Gundjeihmi is a Guided by its Board of Directors, the initial three-year funding agreement was not threatened variety of Gundjeihmi Aboriginal Corporation has renewed by the Howard Government. a larger dialect chain developed a number of educational and Factors contributing to current that linguists refer to development programs, along with a lower-than-average school attendance as Bininj Gunwok (also number of facilities in which to exercise rates include travel distance; a cultural spelt Bininj Kunwok in them. ‘disconnect’ between the Western mode of other dialects). As the There are four core criteria in play: education and Mirarr families’ expectations westernmost > • the safeguarding of the living legacy of the of learning; and, anecdotally, bullying. The Mirarr; • ameliorating the disjunction between Mirarr educational values and those of the mainstream education system; • introducing Mirarr people of all ages to new media and communication technologies; • the sharing of Mirarr culture, where allowable under traditional conventions, with the mainstream community.
Educating Mirarr children Striving to achieve benchmark education standards for Mirarr children is a continuing and difficult process for parents, the Corporation and the West Arnhem Area School, Jabiru. School attendance of eight out of every 10 days (that is, 80 per cent) is widely considered as the minimum attendance Children enjoying the Mahbilil Festival in Jabiru, 2009.
UNDERMINED: European settlement, uranium mining, and the Mirarr people >> population is Kep Enderby frozen until January, April, 1973: sales to Aboriginal “adversely affected” announces a freeze 1976. Commonwealth people in the area by alcohol. None of on new mining February, 1973: commissions site, commence soon its recommendations licences in the Woodward engineering and thereafter. are enacted. East Alligator River Commission into town planning July, 1973: First January, 1973: region. Land rights Aboriginal land rights studies of proposed Woodward report Whitlam minister cases are similarly commissioned. Jabiru site. Alcohol presented to
The Mirarr: yesterday, today and tomorrow 31 o pment
member of this dialect dissonance between the learning values chain, Gundjeihmi has of traditional Indigenous communities and many grammatical and the mainstream education system is a lexical (i.e. vocabulary) significant barrier to regular attendance. Cultural devel Cultural features which make The GAC is keen to further explore this it quite distinct from issue and to devise innovative approaches the other dialects. to improving attendance and educational A grammar of this outcomes for Mirarr children. Staff at the important dialect school have embraced this challenge chain, including and are actively participating in relevant Gundjeihmi, was curriculum reform. produced by the On a practical level, the Corporation, in eminent linguist consultation with the staff at the Jabiru Area Nicholas Evans in School, is taking steps to improve school 2003. The purpose of attendance and academic achievement. my project was to add For the past five years, for instance, it has to this achievement, met the lunch costs of all the Mirarr children by producing a attending. working dictionary that Technical resources are now being will be accessible by directed towards identifying detailed the wider community school attendance trends for Mirarr for the purpose children, including examining the specific of promoting and effects of a range of non-school factors, maintaining the such as cultural calendar obligations. Gundjeihmi language The Corporation believes that remedial into the future. programs will only have a beneficial effect The dictionary, which when they are based on evidence rather builds on an earlier than assumptions and anecdote. database by Evans, In addition, Corporation funds have Techy Masero prepares presently has over already been allocated for the construction of a student boarding house, including a sculptures at the 3700 entries which Kakadu Youth Centre appear in a text computer-equipped homework centre, in for the 2009 Mahbilil database as marked Jabiru, to be used during week days (see Festivalin Jabiru. up (slash-coded) page 46). entries enabling future The facility will provide a safe and text processing for a supportive environment for school number of dictionary attendance and after-hours study. Afterwards, the children present written and publications as well as illustrated reports about their experiences. an on-line resource. Culture camps The results to date have been excellent. Every year the Corporation auspices Culture Dr Murray Garde ’ Kunwinjku Language Camps on the Mirarr estate. During these, Kakadu Youth Centre Program Mirarr young people are taken by clan Since opening in mid-2008, the renovated Research School of elders to a chosen site of traditional cultural Kakadu Youth Centre is a hot-bed of Humanities, ANU significance. Over the course of a few days, activity. Its cavernous main room is used the children learn bushcrafts and stories, for community recreation events, including and have the opportunity to interact in a dance, music and visual art classes, craft focused, culturally specific environment. workshops, and exercise sessions. The main
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
Government. December, 1973: Environment reserves are globally April, 1974: October, 1973: Whitlam announces Protection (Impact significant. Second Woodward Whitlam announces the creation of the of Proposals) 1974: Border report delivered, that the uranium Kakadu national Act gazetted. Store’s liquor license recommending industry would be park. Pancontinental renewed, despite the creation of fuilly Australian- 1974: announces objections from “Aboriginal title’, the owned. Commonwealth Jabiluka’s uranium Oenpelli Council. establishment of
32 The Mirarr: yesterday, today and tomorrow o pment Cultural devel Cultural
Mirarr children’s pictures from a camp in Kakadu room was used to construct the enormous, The Media Lab beautiful and intricate animal installations Housed in a separate area of the Centre is which graced the 2009 Mahbilil Festival at the brand new media lab. The lab comprises Jabiru. Bands and other performers arriving seven large Macintosh computers, linked for the festival were also able to use the to a single server. Young people are able to space as an ad hoc rehearsal room. access the computers and learn not only An external area adjacent to the building basic skills, but also advanced applications has become the home of Deadly Treadlies, a including graphics, animation and music. supervised workshop area for young people Programmers, designers, musicians and wishing to repair, rebuild or create new artists from outside the region regularly visit to bicycles. conduct workshops.
UNDERMINED: European settlement, uranium mining, and the Mirarr people >> land councils, and Development of a Commonwealth (AAEC) to providing the hands of the enshrining the right uranium industry is and Peko-EZ each 72.5 per cent of the AAEC. of veto over mining seen as a priority. with 50 per cent capital for Ranger. October 28, 1974: on Aboriginal lands. October 27, equity in Ranger, Peko and EZ commit Whitlam informs May, 1974: The 1974: The “Lodge committing the to provide 13.75 Japan’s Prime Whitlam givernemt is Agreement”, Australian Atomic per cent each. Minister Tanaka that narrowly re-elected. providing the Energy Commission Marketing to be in Ranger wold supply
The Mirarr: yesterday, today and tomorrow 33 o pment
A five minute music and video clip constructed entirely by media lab users was screened to rapturous response at the 2009 Mahbilil Festival. A range of short hiphop
Cultural devel Cultural songs, written and performed by a local Bininj youth group called Kakadu Crew, were also produced by in the media lab and posted on YouTube. Key adviser: Andrish Saint Clare is the Corporation’s arts The Homework Centre adviser and artistic director of In 2010 another much-needed computer- the Mahbilil Festival. A fellow based resource will be funded by the of the Australia Council and Corporation and incorporated into the soon- Asialink resident, he has staged to-be built boarding facility (see above). A major works with Indigenous number of PC computers will be installed artists in festivals around and networked to create a homework Australia. centre. This new resource recognises the difficulties sometimes experienced many Indigenous school children in completing after-hours studies. The homework centre will provide a safe and secure environment for after-hours studies, fully equipped and networked, as well as access to out-of-school teaching assistance. If the speed and enthusiasm with which local youth, including Mirarr, have taken to using the Media Lab is any indication, the homework centre should prove equally popular and productive. The GAC is hoping for a consequent improvement in school attendance and results among its young constituents.
The Mahbilil Festival For the past 21 years, every September, Ayasha Alderson uses a computer at near the end of the dry season, the the Jabiru Youth Corporation (or its predecessors) has Centre staged a celebration of food, art and music called the Mahbilil Festival. In 2004, the festival, under GAC management, and with mainstream community. It is held on the direction from Andrish Saint Clare, was banks of Jabiru Lake, and runs from noon transformed into an all day event. until midnight. Named after the Gundjeihmi term for Mahbilil in 2009 featured artworks afternoon breeze, Mahbilil is the highest from Mirarr and many other clans, bush profile annual interaction between the food cooking demonstrations, dance Mirarr, other Indigenous groups, and the competitions, funfair attractions, and bands
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
uranium ore to the Fox Report. to the findings of the Commonwealth present threat to the Japan. October 28, 1975: Fox Inquiry. House of Aboriginals of the July, 1975: Whitlam Memorandum of 1976: Aboriginal Representatives Northern Territory.” announces the Understanding Landrights Act Standing Committee October, 1976: Ranger Uranium signed, formalising comes into being. on Aboriginal Affairs First Fox report Environmental the Lodge Mirarr right of veto is reports “Alcohol handed down to Inquiry, known as Agreement, subject specifically excised. is the greatest Commonwealth
34 The Mirarr: yesterday, today and tomorrow o pment Cultural devel Cultural
from both Bininj and Balanda communities. large three-dimensional representations of A still from the Kakadu Live performances included Leah Flanagan, native fauna in traditional Mirarr style – the Crew film clip. the popular Narbalek band, an Indonesian first time such three-dimensional figures gamelan orchestra, and dancers from have been shown in the region – created by Indigenous and Balinese communities. Techy Masero and the users of the Kakadu A major part of the festival are the Youth Centre. installation artworks. These comprised The Youth Centre was also used as a
UNDERMINED: European settlement, uranium mining, and the Mirarr people >> government, now to the findings of its Stage I land claim, claim and placed development of lead by the Liberal second report. which included the under the control of uranium mines, Party’s Malcolm Late 1976. Fraser Mirarr claim over the the Parks Service. the creation of a Fraser. The arranges for Ranger area. May, 1977: national park, and report cautiously Commissioner Fox Late 1976. Jabiru Second Fox report the granting of title recommends Ranger to hear and rule on site excised from recommends to Aboriginal land proceed, subject the Alligator Rivers Aboriginal native title sequential claimants. The
The Mirarr: yesterday, today and tomorrow 35 o pment
base for the creation of enormous cloth- covered and illuminated geese and turtles, We were thrilled and land claim outside of which were then mounted on small boats ‘honoured to be chosen by a reserve under the and sailed across the lake at sunset. the Mirarr to be Aboriginal Land
Cultural devel Cultural The 2009 Mahbilil Festival attracted contracted to ERA back in Rights Act and the first around 1500 visitors: Bininj, resident 2006 to prepare and then environmental impact Balanda and tourists. deliver a cross-cultural statement under the awareness course to ERA Environmental Protection employees at Jabiru. (Impact of Proposals) Act. Cross-cultural training Every employee at the Ranger Uranium We agreed to take on the It is a land of extremes, Mine must attend at least one cross-cultural job on condition that the of complexity, of wonders training session at the start of employment. Mirarr themselves would and controversies. The sessions are designed to familiarise have complete editorial The Mirarr have always workers – overwhelmingly from outside the control over what we been its guardians. Alligator Rivers Region – with the resident delivered. ERA agreed to Despite the enormous Indigenous culture, and the sensitivities this without hesitation. political pressures that inherent in living near and interacting with We, of course, had heard this small group of people Bininj. so much about Yvonne have been subject to for The training scheme was devised by Margarula and her decades, despite the mind the Corporation in partnership with Alice people’s opposition to spinning complexities they Springs-based cross-cultural training uranium mining on their have had to deal with, specialists Dave and Bess Nungarrayi Price, country and their ongoing despite the immensity who trade as Jajirdi.The training sessions struggle to prevent its of the task they face in take place at the mine site and on country. expansion. the preservation of their The sessions have been welcomed by Through the work we culture and language, Ranger’s owner, Energy Resources Australia, have done with them we they agreed to help us put and the broader Jabiru community. They have learnt much more together their story and to are seen as important tools for increasing about the magic of that have that story told to understanding and decreasing tensions in country. The history of its all who come to work on the town. people is immensely long their country. We regard and deeply significant for this as an act of great the history of our species, generosity, graciousness not just of Australia. That and courage history has been recorded and we thank Yvonne and in the world’s oldest and her family for allowing us richest continuous art to be part of it. tradition. The region has ’ Australia’s oldest David & Bess archaeological sites, Nungarrayi Price therefore among the Jajirdi Consultants world’s oldest. It is one of Australia’s most complex linguistic regions with one of the country’s most complex kinship systems. In modern times it saw the first successful
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
report added that that uranium mining both matters. leases, then Institute of Aboriginal opposition would go ahead, a 1978: releases them to Aboriginal Studies to uranium mining national park would Commonwealth cattle interests. commences five “should not be be established, and Government 1978: Northern year investigation allowed to prevail”. the Northern Land acquires the Territory achieves monitoring the August, 1977. Council would enter failed Gimbat and self-government. social impact of Fraser announces agreement over Goodparla pastoral 1978: Australian uranium mining on
36 The Mirarr: yesterday, today and tomorrow o pment Scenes from
Mahbilil Festival devel Cultural 2009
The Narbalek Band rock the crowd.
The crowd enjoying the day. A chance to catch up with friends.
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
Aboriginal people in Rivers Region) Act legal wrangling and 1979: Gagudju Mid-1980: Shelters the Alligator Rivers passed, establishing internal conflict, the Association formed. for temporary Region. the Supervising Ranger Uranium Mid-1979. accommodation of 1978: Scientist Division. Mine Agreement Construction of Aboriginal people Commonwealth November 3, is signed. Kakadu Jabiru township built at Jabiru. The Environment 1978: After months National Park lease commences. site later became Protection (Alligator of controversy, signed. Manaburduma camp.
The Mirarr: yesterday, today and tomorrow 37 o pment Cultural devel Cultural
Traditional dancing was a big attraction at Mahbilil.
The dodgems were a huge hit! Kids dance it up.
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
October, 1980: covered more Mirarr 1981: Kakadu Stage Development July, 1982: Jabiluka Hearings commence country including the I admitted to World Authority for a period Agreement signed, before the Aboriginal Jabiluka lease. Heritage list. of 40 years. after the Mirarr were Lands Commission 1981: Ranger 1981: Jabiru site 1982: Jabiru unfairly pressured into the Alligator commences leased by the construction into allowing the Rivers Stage II production. Director of Parks completed. NLC to negotiate on Land Claim, which to the Jabiru Town their behalf.
38 The Mirarr: yesterday, today and tomorrow o pment Cultural devel Cultural
Rap music comes to Jabiru.
Festival-goers enjoyed traditional craft workshops. Spear-throwing practice.
Buffalo cooked in a ground oven. A great day out for young folk.
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
1983: Incoming ALP following 13 years. concluding of the 1985: Northern Agreement declared Prime Minister Bob 1984: Australian Aboriginal population Lands Council invalid because of Hawke declares the Institute of “this is a society in begins court undue duress. “three mine uranium Aboriginal Studies crisis”. action against the 1987: Gimbat and policy”, effectively Social Impact of Mid-1984: Election Commonwealth Goodparla pastoral stopping the Uranium Mining of first Jabiru town and ERA to have leases re-acquired Jabiluka mine for the Study published, council. the 1978 Ranger by Commonwealth
The Mirarr: yesterday, today and tomorrow 39 o pment Cultural devel Cultural
Visiting performers from Arnhem Land.
The grand parade. The great buffalo barbecue.
Artworks from the Kakadu Youth Centre. Back-flipping for joy at Jabiru.
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
Government; 1991: Energy Land Council buit 1994. NLC drops 1995: Kakadu incorporated into Resources Australia opposed by the its court action over Board of Stage III of Kakadu (ERA) purchases Mirarr. the validity of the Management National Park. the Jabiluka lease 1992: Kakadu Stage Ranger Agreement resolves that the 1987: Kakadu Stage from Pancontinental, III admitted to World because of funding Federal Government II admitted to World supported by Heritage list. concerns. should update Heritage list. the Northern the park’s World
40 The Mirarr: yesterday, today and tomorrow Community development
The Mirarr: yesterday, today and tomorrow 41 Aerial view across the town, towards 42 The Mirarr:Lake yesterday,Jabiru. today and tomorrow o pment Community development o mmunity devel C Housing Mirarr Families based consultancy called Bank of I.D.E.A.S., Members of the Mirarr clan are widely run by Peter Kenyon. dispersed across the Top End. Members The plan aims to identify the optimum live at Manaburduma in Jabiru, Gunbalanya number of permanent residents for (Oenpelli), Djirrbiyuk, Madjinbardi (Mudginberri), the settlement, along with the ideal Katherine, Binjarri, and Warruwi (Goulbourn accommodation structures required – for The Island). instance, houses for nuclear and extended The GAC is committed to meeting the families, and single men’s quarters. With Corporation housing needs of all its constituents. Reflecting an asset-based (that is, ‘glass half full’) is creating an pressing social needs, the years 2008 and methodology, the plan will also identify the 2009, however, saw particular attention and means by which the community can address asset-based resources committed to Madjinbardi and issues such as increasing employment Djirrbiyuk. It is anticipated that in 2010 the opportunities, as well as better health and community Corporation will adopt a more formal approach education service access and outcomes. to the allocation of housing, based on need, Importantly, the community development plan development as well as adopting tenancy agreements with will include actions to outline the next steps in the occupants. order to give effect to community aspirations. plan. Also under investigation are the needs Careful and controlled: for ancillary buildings, such as a community developing Madjinbardi centre, a resource centre, and an out-building The controlled expansion and development for use by visiting health and welfare workers. of the settlement of Madjinbardi, situated on Developing adequate infrastructure to Mirarr country 10km from Jabiru and some eight kilometres downstream from the Ranger mine, is a priority for the Corporation. The site of a former pastoral property and associated abattoir, Madjinbardi currently houses approximately 60 people, although the population is subject to significant seasonal variation. Refurbishment of existing houses and ancilliary buildings at Madjinbardi is already underway. The Corporation recognises, however, that simply constructing new houses, while essential, will not by itself adequately address the long-term needs of its constituents. Accordingly, the Corporation is planning an asset-based community development plan in partnership with Mirarr and other Bininj residents. To assist with the development plan, the Corporation has approached a Perth- New single men’s housing at Djirrbiyuk.
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
Heritage List 1996: Howard Jabiluka uranium Commonwealth and alerted to issues inscription to include Liberal/NCP Coalition mine. Northern Territory surrounding the its cultural aspects. government elected. 1996: The Kakadu government, and Jabiluka mine by July, 1995: 1996: Release of Region Social Impact ERA. International Union Gundjeihmi Aboriginal an Environmental Study (KRSIS) 1996: Bureau of for the Concervation Corporation founded. Impact Statement commences, World Heritage of Nature at its for the proposed auspiced by the Committee meeting in Mexico.
The Mirarr: yesterday, today and tomorrow 43 o pment o mmunity devel C
Government support increased population is seen as a housing at critical issue. Electrical power at Madjinbardi is Manaburduma, currently supplied by a diesel generator. The Jabiru asset-based community development plan will involve a feasibility study for improving the community’s essential service infrastructure, particularly water and power.
Building on success: growth at Djirrbiyuk In the January 2008 proof-of-concept study, New housing at Djirrbiyuk A Cultural and Conservation Economy for Northern Australia (Hill, et al), the authors observed that Djirrbiyuk outstation contained eaves stretch all around, providing not merely only two houses, which often had to shade but also ample surface area for rain run- accommodate as many as 40 people. off into water tanks. By late 2009, the number of houses had Additional built structures at Djirrbiyuk risen to five. A building specifically designed to include an equipment shed and even a house single men had also been completed. chlorinated, fenced, in-ground swimming Under GAC guidance and financing, the pool. Redevelopment costs to date new houses and single men’s quarters were are about $2 million. The GAC has met designed by Darwin architect Simon Scally the entirety of this cost from its royalty and built by Brustolin Builders. Existing houses equivalent revenue. are also being refurbished; the works will be Plans for further development include the completed during 2010. construction of a large workshop suitable for The new houses were purpose-built to vehicle repairs, metal-work and vocational accommodate the cultural obligations of the training. A small clinic will also be built for the Mirarr, and to provide comfort and shelter use of visiting medical staff. Work on these throughout the year in the region’s high- projects is scheduled to commence during the contrast tropical climate. Roofs are large and 2010 dry season.
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
May 2, 1996: prevent Jabiluka disempowerment Aboriginal 1997: Mirarr apply Senate inquiry into development. Action among Aboriginal Corporation to UNESCO World aspects of the fails. people in the region presents Heritage Committee Australian uranium 1997: Kakadu and concludes submission to to have Kakadu industry initiated. Region Social Impact “the original social Senate Committee included on the List 1997: Mirarr launch Study (KRSIS) contract has failed”. into Uranium Mining of World Heritage court action to finds widespread 1997: Gundjeihmi and Milling. Properties in Danger.
44 The Mirarr: yesterday, today and tomorrow o pment o mmunity devel C
headquarters to, and between, its fleet of The swimmimg pool vehicles. at Djirrbiyuk. The network relies on dedicated signal towers situated at Gunbalanya and Jabiru. Using a satellite triangulation system, the network enables every system-equipped vehicle to be precisely located in real time. The network footprint stretches from Gunbalanya to well south of the centre of the Kakadu National Park. The safety implications of the radio network for Corporation staff and vehicle passengers are manifest. The network will The ongoing, culturally sensitive vastly improve communication capabilities development of the outstation has already across the Park for a host of potential users in paid considerable social dividends. Family both the government and business sectors. and intra-family conflicts have been reduced Corporation staff have been trained in the – indeed, all anti-social behaviours have operation and maintenance of the system. declined – and a sense of pride in the home The Gundjeihmi radio network has environment has become manifest. The been wholly funded by the Corporation. It grounds at Djirrbiyuk are maintained by is the first time such a digital network has the Corporation casual work crew – which been deployed in the area. The roll-out and includes Djirrbiyuk residents. subsequent operations are being keenly observed by parks management, tour Protecting the Park and its People: operators and other stakeholders in the a new radio network region. At the end of 2009 the Corporation rolled out a major new technological innovation: a digital radio network permitting instant voice and email communications from its Jabiru
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
October, 1997: the Jabiluka mine Parliament calls to the World Heritage 15 June, 1998: Mirarr lodge Native entrance for eight on the Australian Committee says ERA advises Title claim over months. Government not to development of Australian Stock Jabiru and adjacent January, 1998: approve the Jabiluka the Jabiluka mine is Exchange that “buffer areas”. Following lobbying mine. at least 18 months construction 1998: Over 5000 by the Mirarr, 3 June, 1998: away. at Jabiluka has protesters blocade the European Australia’s delegate commenced.
The Mirarr: yesterday, today and tomorrow 45 o pment Good news for Mirarr students o mmunity devel C
Above: Architect’s model of the new boarding house. Left: Andrish Saint-Clare, Justin O’Brien and Peter Kenyon, from The Bank of Ideas, tour Djirrbiyuk.
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
June, 1999: Mirarr October, 1998: Heritage Committee 1998-99: April, 1999: Mirarr senior traditional Gundjeihmi Mission to Kakadu. Construction begins senior traditional owner Yvonne Aboriginal The Mission later at Jabiluka. owner Yvonne Margarula attended Corporation recommends 1999: Mirarr veto Margarula and then UNESCO World presents written that Jabiluka not ERA’s plan to mill Gundjeihmi executive Heritage Bureau submission to proceed. the mine’s ore at the officer Jacqui Katona meeting in Paris. UNESCO World existing Ranger mill. receive the Goldman
46 The Mirarr: yesterday, today and tomorrow Healthy lives
Gundjeihmi AboriginalThe Mirarr: Corporation yesterday, Annual today Report and 2008-2009 tomorrow 47 Hunting for turtle, on the flood plain. 48 The Mirarr: yesterday, today and tomorrow Healthy lives h y lives Healt Alcohol consumption remains a key health d’Abbs et al make it possible to take the view issue for Corporation constituents and other that, in the specific case of Jabiru, programs Bininj in the region. It has been the subject aimed at reducing deleterious health and of extended action by the GAC since the social effects of alcohol consumption are, to mid-90s. The Corporation continues to take a an extent, working. leading role in tackling alcohol-related health Data on hospitalisations caused by alcohol problems. related health problems, d’Abbs points out, In 1995 key stakeholders from the “are indicative, not of the full range and extent community established a local group to of problems experienced in a community, but address endemic problems with alcohol abuse of the more serious episodes generated in that in the Kakadu/West Arnhem Region – the community.” Gunbang (or Alcohol) Action Group. During On this measure, “[i]n 2007, there were 14 its time the Group has been chaired by the hospital separations in NT hospitals, directly executive officer of the Gundjeihmi Aboriginal attributable to alcohol misuse, involving Corporation on two occasions – from 2003- patients from Jabiru. This represents a rate of 04 by Andy Ralph and from 2009 by Justin 112 per 10,000 population – well below the O’Brien. rate for the NT as a whole, where in 2005- In 1995 the Gunbang Action Group 06 there were 6,301 alcohol attributable commissioned Dr Peter d’Abbs and Trish separations, representing a rate of 299 per Jones to report on alcohol issues in the 10,000 population. ... [H]owever, the number region, including alcohol abuse problems of alcohol-attributable separations in Jabiru and licensing arrangements. The resulting has increased in recent years.” (Page 43.) seminal report (Gunbang … or Ceremonies?, Data on alcohol-related health problems d’Abbs and Jones; Menzies School of Health Research; 1996) acted as a guide to the management of alcohol issues in the region for many years. In late 2007 the Northern Territory Government and ERA commissioned Dr Peter D’Abbs to again report on alcohol in the region. In May 2008 Dr D’Abbs, delivered his final report entitled Kakadu/West Arnhem Alcohol Management Plan Project (d‘Abbs et al; James Cook University; 2008). The report’s findings were mixed. It found, for instance, that since the establishment of the Gunbang Action Group in 1995 alcohol sales in Jabiru had decreased by 33 per cent. “In each of the three years since 2004-05, however, total sales [had] risen, a trend driven by growth in sales of pre-mixed spirit drinks and mid-strength beer.” (Page 2.) In broad terms, the data gathered by Marty Liddy with a long-necked turtle on the flood plain.
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
Environmental Prize June, 1999: Information July, 1999: Mirarr September, 1999: in San Francisco, Gundjeihmi Aboriginal Technology and representatives Work at Jabiluka later meeting First Corporation Arts Reference attend third ceases; and the Lady Hilary Clinton at submission Committee report: extraordinary project enters the White House in recorded in Senate Jabiluka: the session of the World “environmental Washington D.C. Environment, Undermining of Heritage Committee management and Communications, Process. meeting in Paris. stand-by phase”.
The Mirarr: yesterday, today and tomorrow 49 Grog continues to ‘ravage the lives of Aboriginal people. Gundjeihmi has h y lives Healt taken a leadership role in developing a range of actions to limit the damage that drinking can cause. With an emphasis on engaging the local community so it is actively involved in finding solutions and making them work, Gundjeihmi is looking to the Yvonne Margarula with Nonika and Vernon Hardy visiting a traditional camping area. survival of a people and their culture. It which stop short of hospitalisation, however, offences in Jabiru in the same year was 3 may not have all the present a picture of a community with serious – equivalent to 24 per 10,000 population. This answers at once, but problems. is higher than the NT rate of 17.8 per 10,000, every effort counts. “Records kept by Kakadu Health Services’ but the numbers here are so small that the Gundjeihmi is to be Family Violence Counselling Service indicate comparison has little meaning.” (Page 46.) congratulated for that in 2006-2007 the service saw 156 clients “The trend in assault and sexual assault not shirking from this presenting with alcohol and/or other drug offences in Jabiru from 2001 to 2007,” d’Abbs problematic issue problems, 128 of them (82%) with alcohol as observes, “suggests a downward trend in and for being ready the presenting problem, and 21 clients (13%) assaults. The number of sexual assaults to take bold steps with cannabis as a presenting problem. Nearly remains low throughout.” toward ensuring a two-thirds of the clients were women (102, or Taking up the significant challenges better future. 65%), ranging in age from 6 to 62 years, and regarding alcohol management, in 2009 ’ in 132 cases (85%), the presenting problem the Gundjeihmi Aboriginal Corporation Dr Ian Crundall was accompanied by a comorbidity of family assumed the role of chair of the Gunbang Strategic Dimensions violence.” (Page 44.) Action Group. Within a matter of weeks Alcohol-related violence is an abhorrent fact the Corporation had commissioned the of life in communities, both Bininj and Balanda, expert services of Dr Ian Crundall to prepare across Australia. Using police data (with an alcohol action plan and to address appropriate caution) d’Abbs presents findings longstanding issues of contention in relation which, again, could lead to the conclusion to the regional management of alcohol. The that the actions of the Gunbang Action Group action plan is now complete, and the majority and the Gundjeihmi Aboriginal Corporation are of its recommendations accepted. The having an ameliorating effect. implementation of agreed recommendations “In 2007 Jabiru recorded 23 cases of is set for early 2010-11. non-aggravated and aggravated assault; Other initiatives with respect to health this represents a rate of 152.4 per 10,000 include the construction of a mini-clinic for population – well below the NT level of 228 per visiting medical staff at Djirrbiyuk, the provision 10,000 for 2006-077. The number of non- of medical insurance to members’ families, as aggravated and aggravated sexual assault well as transport and accommodation.
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
2000: Following August, 2000: Corporation Territory Mining September lobbying by the ERA’s parent presents submission Management 2001: Gundjeihmi GAC, federally company North Ltd to Twenty Fourth Act 2001 passed, Aboriginal funded Indigenous aquired by Rio Tinto. Session of the World governing general Corporation Health Education September, Heritage Committee, authorisations for presents submission Project introduced at 2000: Gundjeihmi held in Cairns. the Ranger mine and to Information for Jabiru Area School. Aboriginal 2001: Northern the Jabiluka project. the Twenty Fifth
50 The Mirarr: yesterday, today and tomorrow Economic Development
This picture has been temporarily removed for cultural reasons.
The Mirarr: yesterday, today and tomorrow 51 52 The Mirarr: yesterday, today and tomorrow o pment Economic development n o mi c devel Eco In April, 2007, the authors of a report diversified property portfolio. Principal assets entitled Investigation of a Cultural & include: Conservation Economy Model for Indigenous • the Corporation office complex in Jabiru; & Rural Northern Australia (Hill, et al), after • the Kakadu Youth Centre, Jabiru; consulting with the Mirarr clan over several • houses and associated buildings years, observed: at Madjinbardi, Djirrbiyuk and other “The mining “Mirarr people have a clear idea of how outstations; money has they would like to be living, and what the • part-ownership of Scarborough House, current problems are—but ideas for linking Canberra; not alleviated aspirations and issues are less clear. People • ownership of two retail businesses in are very disempowered and passive in the Jabiru. poverty.” face of what seem to be overwhelming For more details, see Principal Physical problems with little likelihood of solutions. Assets, page 23. Hill, et al, 2007 “The mining money has not alleviated poverty, and potentially enabling strategies Local business development such as education, employment or cultural In 2009 the Corporation acquired two local activities are not engaged with in an ongoing retail businesses – Kakadu Boat Hire and daily basis. Tackle and It’s Kakadu Gifts Souvenirs and “There is also a sense that the huge effort Video Hire. These purchases signal a new that went into stopping Jabiluka has allowed and more economically active direction for [other] problems to build up … Overcoming the Corporation. The 2010 year will see the the community conflict is clearly a major Corporation finalise a business plan for these priority for Mirarr, but they are not confident that people can be brought back together, to the ‘old ways’ of cooperation and sharing.” Although, by the end of 2008-09, the core of the report’s observation remained accurate, the intervening period saw the beginning of often rapid forward movement towards strong and sustainable economic development for the Mirarr. The success of the local, national and international campaign to halt the development of the Jabiluka mine has allowed the GAC to focus both on the consolidation of existing assets and the development of new instruments – physical and organisational – to underpin long-term economic development for its constituents.
Current investments The Corporation currently holds a large and Cutting a trunk for a didgeridoo, near Nourlangie Rock.
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
Session of the World Commissioner and human rights”. Communications, Regulation of Heritage Committee. for Human Rights 2002: Allegations Information Uranium Mining. December, 2001: Workshop on of environmental Technology and 2003: Regulating Gundjeihmi Aboriginal “Indigenous peoples, mismanagement Arts References the Ranger, Jabiluka, Corporation presents private sector natural and cover-up at Committee Beverley and evidence to the resource, energy and RUM prompt the Inquiry into the Honeymoon uranium Office of the High mining companies Senate Environment, Environmental mines, Senate
The Mirarr: yesterday, today and tomorrow 53 o pment
more economically active directions for the Corporation that are closely aligned with the New agreements in relation to broader community development initiatives of the Ranger uranium mine the Corporation. In addition to their economic n o mi c devel Eco value, it is anticipated that the operation of these premises will be fully integrated with the Historical Context youth development, training and employment The Ranger Project Area (“RPA”) is Aboriginal programs run by the Corporation. land granted under the Aboriginal Land Rights (Northern Territory) Act 1976, although in the Employment and training passage of the act the Mirarr right of veto over It is widely accepted that an unacceptably high Ranger was removed. The negotiation of the proportion of Indigenous Australians in remote original Ranger agreement, then, took place areas are unemployed or under-employed. in the context of the Mirarr traditional owners This is the case for the Mirarr clan and and other local Bininj having the development neighbouring Bininj. In 2006 the Corporation simply forced upon them by the authorities. directly addressed the issues of Bininj The Ranger agreement, under the Aboriginal unemployment and economic dependence Land Rights Act, was never about consent but through the creation of the Casual Work Crew. the terms and conditions under which mining The Casual Work Crew provides part- would proceed. time employment for up to 20 people a Underpinned by the Aboriginal Land Rights week, in fields such as land management, Act agreement, Ranger’s operations take landscaping, event preparation, labouring place under an authority granted to ERA by and construction. The work is carried out on the Commonwealth Government under the behalf of the Corporation – for instance, in the Atomic Energy Act 1953. The authority that form of cleaning details at Corporation-owned was granted to ERA in January 1979 had a outstations – or on an outsourced contract term of 26 years. In the late 1990s ERA sought basis to parties including eriss, ERA, Parks an extension to the original Atomic Energy Act and the West Arnhem Shire. authority, which necessitated the renegotiation As well as sourcing the work, the of the original Aboriginal Land Rights Act Corporation also looks after the workers’ agreement. In the end the authority was superannuation, taxation or Centrelink extended (to 2026) without a new Aboriginal commitments. Equipment, vehicles, safety Land Rights Act agreement, although it was gear and training are also provided. granted subject to other agreements that Importantly, terms of employment are require the negotiation of such an agreement flexible enough to allow individuals to fulfill as soon as practicable. cultural and family commitments. Largely The renegotiation of the Ranger mine responsible for its own supervision, the Casual agreement has taken many years and been Work Crew represents a major shift away stalled at different times for different reasons. from welfare dependence and client mentality In 2008, however, parties reached consensus towards a culture of economic independence, on several key matters and have since self-reliance and pride. been finalising details in preparation for the conclusion of negotiations in 2010.
The future A successful conclusion to negotiations with ERA and the Federal Government will bring a major boost the Corporation’s abilities to meet
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
Environment (etc) renewed. to transfer ownership Early 2005: The 2005: Gundjeihmi report published. 2004: Ranger mine of former Kakadu Jabiluka Long Aboriginal 2003: Indigenous closed temporarily Aboriginal Family Term Care and Corporation presents Health Education after uranium found Resource Centre, Maintenance submission to House Project at Jabiru Area in Jabiru drinking and Jabiru, to the Agreement is formally of Representatives Scool ends when washing water. Gundjeihmi Aboriginal executed. Standing Committee Federal funding is not 2004: Work begins Corporation. on Industry and
54 The Mirarr: yesterday, today and tomorrow o pment the needs and aspirations of its constituents, Aboriginal Corporation, Energy Resources and other Bininj in the Kakadu West Arnhem of Australia, and the Australian Government. region. For more information, see Looking To The action-orientated agreement will provide The Future (page 67). a governance framework, coordinate
It should be noted, however, that the activities and monitor progress against set n o mi c devel Eco cultural, social and economic issues that may goals to improve the socio-economic status be more adequately addressed as a result of of Indigenous people in the Kakadu West increased revenue flow from Ranger were in Arnhem Region. It will focus on community part generated by the very development of the development initiatives across the entire life- Ranger Uranium Mine itself. cycle (pre-natal to aged care) in three streams: For this reason, the Corporation and the people, governance and money. Mirarr reject outright any argument that posits Properly planned, a partnership between the inevitable development of the Jabiluka the non-government sector, the commercial uranium mine as an additional source of sector and the government sector will make revenue. Simply put, no amount of money inter-generational inroads into the socio- flowing from Jabiluka could compensate economic problems that continue to beset the for the catastrophic social, economic, region. environmental and cultural damage that would result. Future developments: investment portfolio The Kakadu West Arnhem Region The Corporation is undertaking a substantial Social Development Trust near-term building program at Madjinbardi, Drawing on national and international Djirrbiyuk and other outstations. For more best practice regarding the responsible detail see Community Development (page 41). and sustainable management of mining Apart from those property acquisitions revenues, in 2009 the GAC proposed that the needed to meet the immediate housing renegotiated Ranger Uranium Mine agreement and service needs of its constituents, the would establish a Kakadu West Arnhem Corporation’s investment strategy is based Socio-Economic Development Trust that soundly on constructing a portfolio capable would be administered in accordance with a of providing returns adequate to meet the strategic plan jointly developed by the GAC, needs of the Mirarr and other Bininj for many industry and government. generations to come. The proposed plan and associated The focus is therefore on long-term solid agreement would be entered into by investments likely to provide equally long-term Aboriginal parties led by the Gundjeihmi sustainable returns.
The three streams of the Kakadu Socioeconomic Development Agreement
Goal Objectives People healthy people, strong culture improved Indigenous socio-economic wellbeing Governance Bininj control of Bininj land and Bininj lives informed decision-making, true self-management Money Sustainable incomes, Increased Indigenous participation in business development profitable business and investment activity
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
Resources Inquiry in Durban, South 2006: Australia’s Standing Committee Islander Studies into Developing Africa, reiterates its uranium – on Industry (etc) publishes a paper Australia’s Non-Fossil concerns regarding Greenhouse friendly published. reporting cancer Fuel Energy Industry. Kakadu to the fuel for an energy 2006: Australian rates among 2005: The Federal Government. hungry world, Institute of Aborigines in the World Heritage report by House Aboriginal and Kakadu region Committee, meeting of Representatives Torres Strait to be 90 per
The Mirarr: yesterday, today and tomorrow 55 o pment
To this end, in 2009 the Corporation organisation. To quote the organisation’s contracted Mr David Ward of Te Anau mission statement: Consulting as a key adviser. Mr Ward is Ecotrust’s mission is to inspire fresh a former CEO of ANZ Trustees, a current thinking that creates economic opportunity, n o mi c devel Eco Non-Executive Director of ANZ Trustees, and social equity and environmental well-being. Treasurer of Philanthropy Australia. He is an Ecotrust is headquartered in Portland acknowledged expert in governance and and is a unique organization; it integrates investment management in the non-profit public and private purpose and for-profit sector. and non-profit structures. Ecotrust’s many In the next period of its operation, the innovations include co-founding the world’s By increasing Corporation, with the assistance of Mr Ward, first environmental bank, starting the world’s ‘transparency and will extend and strengthen its investment first ecosystem investment fund, creating a accountability it portfolio through the strategic acquisition of range of programs in fisheries, forestry, food, makes it that much property and participation within managed farms and children’s health, and developing harder for things to funds and equity structures. This necessitates new scientific and information tools to improve go wrong. It also the development of a comprehensive social, economic and environmental decision- means that if things investment framework, that will provide making. to start to go wrong guidelines on the Corporation’s investment The consultation and research phase of the it becomes much both within and outside of the Kakadu region Corporation’s involvement with Ecotrust is still more obvious much and across various sectors of the economy. ongoing. However, findings to date indicate earlier. This framework is complemented by a risk that there exists a large degree of harmony That’s part of the management strategy. between the cultural responsibilities and framework that can In 2010 the Corporation kick-started aspirations of the Mirarr, sustainable economic give the current its long-term investment strategy with the principles and some existing economic activity generation of Board establishment of a $A2.5 million investment (such as some parts of the tourism industry) and executives the corpus, with a mix of Australian equities and currently undertaken in the Kakadu region. confidence that what government inflation-linked bonds, managed The Corporation will in 2010 participate in the they set up is going by ANZ Trustees and Colonial First State ongoing development of the Ecotrust model in to be well looked respectively. Australia. after in the future. The near-term will see the complexities ’ Future developments: of, and opportunities within, a regional David Ward, the Ecotrust Project conservation economy more fully explored. Te Anau Consulting. Since 2004 the Corporation has been closely involved in the development in Australia of the The Kakadu Charter Ecotrust model of sustainable development. In November 2000 the Gundjeihmi Aboriginal In this the Corporation is partnered by the Corporation and ACF entered into the Kakadu Australian Conservation Foundation, Bendigo Charter, signed by Mirarr Senior Traditional Bank, Kimberley Land Council, law firm Arnold Owner Yvonne Margarula and then ACF Bloch Leibler and the Wilderness Society, President Peter Garrett. Ecotrust aimed at exploring the possibility of The Kakadu Charter identified key goals of a cultural and conservation economy model ACF and the GAC working together in three for the north of Australia, including the Kakadu main areas: Region. • Ecologically sustainable development of a The project takes as its basis the successful viable economy without mining; programs initiated in the United States • Recognition of primary decision-making role and Canada by the not-for-profit Ecotrust of Traditional Owners in the Park; and
UNDERMINED: European settlement, uranium mining, and the Mirarr people >>
cent higher than complex, Jabiru. 2008: Gundjeihmi 2008: The former July 1, 2008: expected (Tatz, et May, 2007: Aboriginal Kakadu Aboriginal Jabiru Town al) Gundjeihmi Aboriginal Corporation office Family Resource Council and four October, 2006: Corporation complex wins two Centre is reborn as adjacent local Work begins on office complex Royal Institute the Kakadu Youth government Gundjeihmi Aboriginal completed. of Architecture Centre and Media authroities are Corporation office Awards. Lab. amalgamated to
56 The Mirarr: yesterday, today and tomorrow o pment n o mi c devel Eco
UNDERMINED: European settlement, uranium mining, and the Mirarr people >> create the West Disadvantage Market that net Ranger 3 Deeps, a March, 2009: Arnhem Shire progress report profit for full year new underground ERA applies Council. 2007-8 2008 is up on uranium mine to the Federal 2009: NT January 30, previous year by adjacent to open- Government build Government 2009: ERA 191 per cent. The cut pit. a sulphuric acid publishes Closing The announces to Company also flags heap-leaching Gap of Indigenous Australian Stock development of plant for extracting
The Mirarr: yesterday, today and tomorrow 57 Key adviser: D&G Lawyers. • Protection of natural and cultural world board is chaired by Nida Mangarnbarr. D&G Lawyers are a legal firm heritage values and ecological values. Reporting directly to the Board is the o pment based in South Townsville, with The relationship between the Corporation Corporation executive officer (currently Justin a strong track record of working and the ACF, which dates back to the O’Brien). The excutive officer is responsible for in the Native Title field. As well establishment of the Corporation, has ensuring the directions of the Board are carried as representing the Mirarr in withstood many challenges over the years and out; ensuring that members are fully informed native title matters, they have also borne fruit for both organisations. The Kakadu regarding any matter arising which may affect n o mi c devel Eco represented other Indigenous Charter has been steadily implemented in either the Corporation or its constituents; groups, including the Wiri and the years since its signing, with increasing and ensuring the smooth running of the Gugu Badhun people. recognition of the need to establish and Corporation itself. maintain economic activity oriented toward Corporation staff report to the executive Key adviser: Indigenous expectations and away from the officer. Staff comprise the administration Te Anau Consulting. traditional reliance on revenue from mining. manager, the mining and environment officer, Te Anau Consulting specialises The Charter remains a bedrock element in the policy officer, the project officer, and the in governance oversight, this important relationship between the Mirarr youth development officer. risk management, financial people and the ACF. Key advisers include D&G Lawyers in management, and philanthropy Townsville (corporate legal), Lee Green & in the not-for-profit sector. GOVERNANCE: Company in Adelaide (financial), Dr Gavin accountability and transparency Mudd of Monash University in Melbourne (environmental science), and Te Anau The Gundjeihmi Aboriginal Corporation believes Consulting (governance, risk management, firmly that representing the needs, interests and investment). aspirations of its Mirarr constituents requires a Auditors are KPMG. high degree of accountability in its actions and transparency in its dealings. Legislative basis These outcomes require: The Gundjeihmi Aboriginal Corporation was • an unambiguous internal structure; established in 1995, incorporating under the • full compliance with governing legislation; Aboriginal Councils and Associations Act • careful appontment of key legal and financial 1976. On July 1, 2007, the ACA Act 1976 was advisers. replaced by the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI), and The chain of responsibility the GAC moved immediately to ensure it was Ultimate responsibility for the Corporation wholly compliant with the new legislation. resides in the Board of Directors, which The CATSI Act 2006 is administered by comprises senior Mirarr clan members. The the Office of the Registrar of Indigenous Corporations (ORIC). In accordance with its obligations under the ACT, the Corporation lodges key financial documents – such as auditors’ reports, balance sheets and compliance statements – with ORIC. These documents are then entered into the public domain, and may be viewed at www. oric.gov.au.
Saltwater crocodile (ginga).
UNDERMINED: European settlement, uranium mining, and the Mirarr people
uranium oxide from company annual July 31, 2009: equivalent period formally recognised stock piles, lifting general meetingt, ERA announces 2008. by the Speaker and production by one- refuses to rule half year 2009 August 12, 2009: applauded by the third. out extending the results to ASX, A Mirarr delegation Members. April, 2009: ERA Ranger mine life recording increase to the House of CEO Rob Atkinson, beyond 2021. in net profit by Representatives addressing the 228 per cent on in Canberra is
58 The Mirarr: yesterday, today and tomorrow Land, water, people
Gundjeihmi Aboriginal TheCorporation Mirarr: yesterday,Annual Report today 2008-2009 and tomorrow 59 59 Magela Creek. 60 The60 GundjeihmiMirarr: yesterday, Aboriginal today Corporation and tomorrow Annual Report 2008-2009 o ple Land, water, people and, water, pe water, L and, Since early 2005, the GAC has employed a Mining and Environment Officer to provide Outstations expert advice on a wide range of matters The Corporation monitors and assists with involving environmental science. This advice the management of potable water supplies relates to mining and all other environmental at Madjinbardi and Djirrbiyuk, the two impacts on the Mirarr estate. principal outstations where Corporation The GAC is The GAC is contributing to global, national members live. The Corporation also deals contributing and local science projects. with a range of other matters that relate to outstation management. These include feral to global, Scientific Studies animal and plant management, domestic The unique biodiversity and World Heritage dog management, water reticulation and the national and status of Kakadu makes it an ideal region environmental aspects of civil works. in which to study various aspects of the local science biophysical environment. Many scientists from private institutions and government Environment issues projects. agencies come to Kakadu to pursue diverse research interests. concerning the Ranger Where scientists require access to Mirarr country, the Corporation reviews proposals Uranium Mine and proposed for scientific research and advises the Jabiluka uranium mine relevant agencies as to whether and under what conditions particular proposals might Ranger proceed. The Corporation also monitors Uranium mining was forced upon the Mirarr the results of such studies and ensures that by successive governments since 1972, intent any intellectual property that is entailed is on developing Australia’s uranium industry. accorded an appropriate level of legal and Moreover, notwithstanding that Mirarr are the cultural respect. landowners of the Ranger Project Area (RPA), they do not have formal stakeholder status in Joint Management of relation to the management of the mine. Mirarr Kakadu National Park do not, therefore, have direct input into the Nearly half of Kakadu is Aboriginal land under appropriate management of the mine itself and the Aboriginal Land Rights (Northern Territory) its possible impacts on adjacent country. Act 1976. This land is leased to the Director That country includes the community of of National Parks for the purpose of a national Madjinbardi, on Magela Creek immediately park.The Kakadu National Park (KNP) downstream of the mine; a large part of Management Plan describes the manner in which Kakadu is managed according to ‘Bininj rules’ by the Director. The Corporation advises Mirarr traditional owners in relation to joint management issues where proposed actions have environmental implications.
Climate Change The Corporation advises Mirarr on climate change issues and how climate change is likely to affect traditional and modern lifestyles within Kakadu and adjacent country in Western Arnhem Land for which the Mirarr have responsibility. In order to do so, the Corporation maintains close connections with scientists studying the phenomenon and participates in conferences and scientific fora where current research is discussed. Corporation staff have also contributed to various government studies of the likely Senior traditional owner Yvonne Margarula at the Ranger effects of sea level rise on the Mirarr estate. Uranium Mine Pit Number 3, 2004. The Mirarr: yesterday, today and tomorrow 61 o ple Key adviser: Gavin Mudd. Dr Gavin Mudd is a lecturer in the Civil Engineering Department at Monash University in Mel-
and, water, pe water, L and, bourne. He is an acknowledged expert in groundwater and environmental geo-engineering. He is the author of The Sustain- ability of Mining in Australia - Key Production Trends and Their Environmental Implications for the Future (Monash University, 2007, 2009).
eastern Kakadu; and the RAMSAR-listed company’s authority to operate issued under wetlands of the Djabulukgu floodplain. the Atomic Energy Act 1953. A number of The operation of the Ranger Mine is heavily operational criteria have been set to ensure regulated. However, the regulators, having a that the environment surrounding the mine is political and economic interest in the mine, not adversely affected by uranium mining on are not always impartial in their adjudication of the RPA. Despite this, over the 30 years since Top: Rock art of a statutory management criteria. This so-called the mine began, there have been hundreds long-necked turtle ‘regulatory capture’ is most clearly seen in the of incidents involving potential or actual at Madjudjura. customary approvals granted to ERA where it contamination of the environment surrounding Bottom left: ‘Stone seeks to vary the authorisation under which it the mine. Country’ from the operates. The Corporation keeps records of these air. Bottom right: The Magela Creek The mine is regulated in accordance with incidents, and monitors the actions of the in flood. environmental requirements attached to the government agencies and committees
62 The Mirarr: yesterday, today and tomorrow o ple report and now refer to the matters raised as ‘spurious’. Understanding and In 2004, the mine allowed contaminated ‘communicating process water to mix with the potable water the environmental
supply, resulting in mine employees and science of uranium pe water, L and, members of the public being adversely mining in a world affected by washing in and drinking acidic heritage context is a waters containing uranium at a concentration challenging role - yet well in excess of recommended safe limits. it is fundamental When those waters were subsequently to helping protect the disposed of in the external environment, Mirarr estate and do contamination of country resulted. justice to the dreams The Mining and Environment Officer and aspirations monitored these events, contributed to the of Mirarr past and resulting investigation, evaluated the effects present. The issues on people and the environment, and advised are significant, local Indigenous people on the likely effects ranging and how to avoid them. The mining company from water and was subsequently convicted and fined by the tailings management, courts. to radiation exposure Recommendations designed to prevent a and the ultimate recurrence of that incident were made by the goal of thinking regulators. However, similar incidents have through mine closure, occurred since that time, indicating strongly rehabilitation and that the company has not fully implemented post-mining land the required changes to its operations. The uses – the need for Corporation monitored those incidents and frank and fearless argued the need for their rectification to advice is never- regulatory fora. ending. Put simply, In April 2010 there was a series of distinguishing the unexplained high levels of electrical ‘politics of science’ conductivity (EC) downstream of the mine at from the “science Kakadu. EC is a measure of the load of soluble of politics” is crucial charged with ensuring that no environmental material, including possibly uranium, in water. in understanding damage results from the operations of After news of the contamination became the environmental the mine. On a number of occasions the public, ERA acknowledged that the source of issues around the Corporation has been compelled to intervene contamination was unknown and may have Ranger and Jabiluka in this process and demand remedial action been caused by Ranger. projects. where incidents at the mine have resulted Despite the ongoing incidents and, ’ in damage to the environment or injury to arguably, the associated regulatory failures, the Dr Gavin M. Mudd members of the public. company has made numerous applications Lecturer, In 2001, the Mining and Environment Officer to vary its operating approvals, to expand Environmental – then an employee of the NT Government the mine, and to explore for new ore bodies. Engineering, Monash – wrote a report exposing contamination of Where such applications pose a risk to the University and Long- Gulungul and Magela creeks by deliberate biophysical or cultural environment, the Term Consultant/ and routine discharge of highly contaminated government regulators are again required to Adviser to Gundjeihmi waters from the mine tailings dam into a make decisions about appropriate safeguards Aboriginal Corporation tributary of Gulungul Creek. Information that need to be in place. and the Mirarr contained in that report resulted in the Officially, the Northern Land Council (NLC), 2002 Senate inquiry into the environmental represents Mirarr traditional owners in the fora performance of the Ranger mine. The Senate that make decisions about the operation of heard evidence from eminent scientists and the mine. However, there have been several from the mining company before making instances where the NLC agreed to actions over 200 recommendations for remedial that were not supported by Mirarr, or about and preventative action. Most of these which Mirarr had not been consulted. There recommendations have not been implemented have been other instances where Mirarr by the mine or the regulators. In fact, the were not happy with decisions made by the regulators and the mining company have regulator. since removed from the records some of the An example of this is the abolition of the monitoring data that prompted the original mine environment laboratory, leading to
The Mirarr: yesterday, today and tomorrow 63 o ple the subsequent farming out to commercial laboratories of all statutory and operational Further Exploration and monitoring work. Mining on the Mirarr Estate Without reference to the traditional owners, and, water, pe water, L and, NLC agreed in 2002 to allow the company to reduce the number of statutory monitoring sites on the RPA from 28 to just four. This has I first met members significantly reduced the pool of data from ‘of the Mirarr which assessments of the environmental community and performance of the mine can be made. the Gundjeihmi Since that time, the relationship between Aboriginal the NLC and the GAC has developed into a Corporation in the collaborative partnership, aimed at protecting mid 1990s. This Mirarr interests and their estate. contact has grown The Mining and Environment Officer into a set of deep prepares material for the NLC in this context personal friendships and liaises closely with NLC officers who and an effective deal with Ranger and Jabiluka. The Officer and enduring also participates in regular inspections of the organisational mine, its associated infrastructure and water partnership. The management systems. Discharge water Mirarr’s sustained parameter values are monitored by scrutiny of and successful weekly water quality reports provided by the campaign to halt mine during the wet season. uranium mining The site of the proposed Jabiluka uranium at Jabiluka was mine is currently inactive under the Long Term Ranger Uranium Mine from the air. a true David and Care and Maintenance Agreement executed Goliath struggle that with ERA and the NLC in early 2005. Although The Ranger Project Area. showed the power there is no mining activity at present, prior ERA submitted an environmental impact of story, solidarity construction and mining activity at the site are statement in 1974-5 that covered the and community in still affecting the surrounding environment. extent of its proposed operations during the face of corporate In 2007 the Corporation prepared a the period of the original mining authority. and government detailed plan for the rehabilitation of that part Since then, ERA has extended its lease indifference and self of the Jabiluka Mineral Lease that was left and identified more ore bodies on the interest. Their efforts in a disturbed and damaged condition by RPA. It has also expanded the scope to protect their the works in that area which ceased around of its operations by implementing new living country and 1980. The plan included installation and technology, and proposing a change culture have inspired operation of monitoring facilities designed to to underground mining, significantly Indigenous and non arrest any hydrological detriment deriving from expanding the footprint of the mine. Those Indigenous people the currently backfilled mine decline. These actions were not addressed in the original across Australia actions were required by the Commonwealth Environmental Impact Statement (EIS) and and around the Government to redress outstanding problems were not considered when the original world - our shared with the original environmental impact authority was granted. and fragile planet statement tendered by the mining company The Corporation has vigorously opposed deeply needs both Pancontinental. No effort to address these all of these actions, which collectively the strength and the outstanding problems was undertaken until represent a general expansion of mining hope of the Mirarr’s the Corporation raised the matter with the activity on the RPA, a significant increase story. regulators. in the number of mine workers in Jabiru, ’ a likely exacerbation of social problems Dave Sweeney related to alcohol, further degradation of Nuclear free the environment, and which require serial campaigner extensions of the authority to mine at Australian Ranger. Conservation The Corporation’s objections on behalf Foundation of the Mirarr traditional owners have, however, been ignored by the authorities and the Commonwealth Supervising Scientist. Following the elevated electrical conductivity readings recorded in April
64 The Mirarr: yesterday, today and tomorrow o ple 2010, the Mirarr issued a statement and record the significance of traditional saying they would oppose any proposed knowledge and culture. To that end, the expansion of the mine until ERA can Corporation conducts ‘country walks’, genuinely and demonstrably improve its where staff accompany senior Bininj environmental performance. and children on trips across country and pe water, L and, inspections of significant sites. During such The Wider Mirarr Estate trips, Geographic Information System (GIS) In addition to country in Kakadu, the Mirarr data is recorded, as well as images and estate encompasses country in Arnhem audio files of senior Bininj relating traditions Land which is administered under the to the younger generation. The data are Aboriginal Land Rights (Northern Territory) later entered into a GIS database. When Act. From time to time, mining companies fully developed and populated with data, apply to the Northern Territory Government the GIS system will be made available to for exploration licences over blocks of land all Corporation members so that access to in that country. traditions will be readily available. The Corporation researches such A long term program of the Corporation, applications, liaises with the NLC, and cultural mapping is expected to inform presents relevant information to the Mirarr a range of activities, including policy traditional owners so that they may make development in cultural protection, youth an informed decision as to whether or development programs, land management, not they will approve mining activities on environmental protection, and town their estate. The Corporation also attends planning. and contributes to statutory meetings In 2010 the Corporation agreed to where such matters are discussed and jointly develop a land-use and occupancy concluded. GIS with Ecotrust Australia. This project promises to be of major importance to the The Cultural Landscape Program Corporation and its members. Cultural Mapping Traditional Environmental Knowledge In order to preserve as much as possible Aboriginal culture is synonymous with an of the cultural traditions of Mirarr and other intimate and detailed knowledge of natural Mirarr Bininj people of the region, GAC embarked systems, including the characteristics of ‘Stone Country’ in 2009 on an ambitious program to map traditional country and the various living from the air.
The Mirarr: yesterday, today and tomorrow 65 o ple things that inhabit it. Area is founded on a set of rules called In order to inform programs that ‘Environmental Requirements’. These are seek to ‘care for country’ (particularly given in a schedule to the Atomic Energy the monitoring of ecosystems and Act Authority. The requirements stipulate and, water, pe water, L and, rehabilitation planning) a field key that that the preferences of the traditional aligns the concepts and terminology of landowners must be satisfied. both traditional environmental knowledge, The Corporation is responsible for and Balanda scientific knowledge is being detailed consultations with traditional developed. To this end the NLC and the owners regarding rehabilitation and the Corporation have instituted a program of communication of the Mirarr view to ERA and research designed to enable the sharing the government regulators. That is achieved of knowledge in mutually intelligible by a combination of desktop research, terms. This entails detailed on-country on-country consultations and discussions, consultations with senior Bininj and as well as liaison with relevant official subsequent tabulation of terminology, stakeholders and statutory committees. meaning and significance in a GIS mapping This work of the Corporation is process. continually frustrated by the ever-changing nature and scope of the mining operation Rehabilitation at Ranger and the unwillingness of the At the completion of mining activity, mining company to meaningfully commit uranium mining areas on Mirarr country to the cessation of mining in 2021 and must be rehabilitated and the country rehabilitation in 2026. While all necessary restored to a state that reproduces, legal requirements in the way of reports as near as is possible, its pre-mining and public positioning conforms with form, function, amenity and biodiversity. these targets, in practice the company’s Rehabilitation of the Ranger Project operations at Ranger only frustrate the
A female Baark or Black Wallaroo.
66 The Mirarr: yesterday, today and tomorrow Looking to the future
Gundjeihmi Aboriginal TheCorporation Mirarr: yesterday,Annual Report today 2008-2009 and tomorrow 59 67 The Magela wetlands, Kakadu. 68 The Mirarr: yesterday, today and tomorrow Looking to the future o t h e future king t Loo Renegotiating Ranger fluctuations in revenue inflow. In 2009 the Gundjeihmi Aboriginal These daunting realities present Corporation renewed tripartite negotiations significant difficulties for the Corporation in with the owners of the Ranger uranium discharging its responsibilities in terms of mine, ERA, and the Federal Government, both alleviating immediate hardships among regarding the shape and structure of its constituents and establishing a stable The new financial arrangements between the mine investment structure which will underpin the agreement owners and the Mirarr. security of the Mirarr and other Bininj in the The resulting agreement will be the first long term. represents time the arrangement has been adjusted Independent reports have concluded since it was struck in November, 1978. All that the compensatory revenue channeled a major parties, it appears, concur that 31 years to the Mirarr as a result of uranium mining is ample time for an agreement to stay in and consequent associated development reconfiguration place without review. has not been sufficient to ameliorate the The Corporation’s proposed socio-cultural damage caused by those of relationships. new agreement represents a major activities. As recently as August 2009, for reconfiguration of relationships in three instance, the ANU’s Centre for Aboriginal critical areas: Economic Research noted: • between the Mirarr and ERA; Historically, a number of mining • between the Mirarr and neighbouring agreements have now been made between Bininj clans; mining companies and Indigenous • between the Mirarr and the broader community or regional organisations. community in the Alligator Rivers Region. In the early 1980s, there was a degree Indeed, the Corporation believes that of optimism that such agreements, the proposed new agreement – already many with significant financial benefit substantially accepted by all parties – will packages, would make a difference to the serve potentially as a model for similar marginal economic situation of Indigenous agreements between mining companies beneficiaries. However, existing research and Indigenous traditional owners around indicates that for a complex set of reasons, the globe. It is based on ‘best practice’ Indigenous economic status has changed agreements already in place in Canada and little – dependence on government remains in other parts of Australia, but will further high and the relative economic status refine the principles embedded therein. of Indigenous people residing adjacent to major long-life mines is similar to The 1978 agreement Indigenous people elsewhere in regional On November 3, 1978, the Northern and remote Australia. Land Council and the Commonwealth This unexpected outcome was clearly government executed an agreement under demonstrated in the Kakadu Region Social the Aboriginal Land Rights (Northern Impact Study (KRSIS 1997): “as the above Territory) Act 1976 in relation to mining for mutual obligation controversy indicates, it is uranium in the Ranger Project Area. partly a reflection of Indigenous community As a result of this agreement, the organisations’ incapacity to both cope with Corporation, on behalf of the Mirarr, receives a percentage of total net revenue from the mine. In addition, it also receives CHAMBER an annual ‘rental’ payment. The ‘rental’ DISTINGUISHED VISITORS payment is not linked to CPI. The SPEAKER (2.20 pm)—I inform the House that we have present in the The current agreement, over time, has gallery this afternoon four Mirra [sic] traditional owners from Kakadu, who produced two highly significant problems are in Parliament House today concluding important business on behalf of for the Corporation. their people. On behalf of the House I extend a very warm welcome to them. First, the fixed ‘rental’ payment has decreased substantially in real value over Honourable members—Hear, hear! the past three decades. Second, the volatility of the international Hansard, House of Representatives, Wednesday, 12 August 2009 uranium market has resulted in dramatic
The Mirarr: yesterday, today and tomorrow 69 the impacts of, and take advantage from, A new structure for the Corporation o t h e future large-scale operations.” The Corporation believes a new plan Bluntly, it is impossible to conclude that is required to better coordinate service the Mirarr have ‘prospered’ in any respect delivery to Indigenous people in the region, king t Loo from the arrival of uranium miners. and that the renegotiation of the Ranger agreement offers a unique opportunity to The new proposal develop and implement such a plan. The paucity of the situation described This new structure will allow a significant above has been implicitly recognised by proportion of Ranger royalty equivalents ERA. In an offer presented in 2009, the to be directed beyond the Corporation’s company proposed an increase in the core constituents towards the welfare annual ‘rental’ payment, CPI-linked. It has of the broader Bininj community in the also required changes to various payments Kakadu region. This community comprises associated with the agreement, and the residents of the 13 outstation communities introduction of other new payments under within Kakadu, the Bininj residents within a renegotiated agreement. The Corporation the township of Jabiru, and the Bininj in large part agrees with the ERA proposal, residents at Gunbalanya (Oenpelli) and pending additional negotiations and fine- nearby outstations. tuning. The proposed vehicle for this new Importantly, the increased revenue flow disbursement model is the Kakadu Region represented by the ERA proposal (and Social Trust and its associated sidestream amendments) presents the Corporation and downstream entities. with a unique opportunity to radically reposition itself to not only further secure The future of Jabiru the immediate and long-term wellbeing On November 18, 2009, an in-principle of the Mirarr, but also make significant agreement was reached in the Federal contribution to the future security of Court of Australia which ended the longest neighbouring Bininj clans and the broader running native title claim in Northern regional community. Territory history.
70 The Mirarr: yesterday, today and tomorrow In 1997, senior Mirarr traditional owner development within the town to provide the Yvonne Margarula filed the claim covering infrastructure and services necessary to o t h e future the area of land occupied by the township develop Jabiru as a thriving hub for people of Jabiru and two adjacent buffer zones. living in the region,” Ms Macklin said.
After negotiations based on a proposal The agreement ensures that Jabiru will king t Loo submitted by the Commonwealth of continue to develop within the framework Australia in October, 2009, it was agreed in of Kakadu National Park, without the Federal Court that a grant of Aboriginal compromising its outstanding World freehold under the Aboriginal Land Rights Heritage values. Existing interests in Jabiru (Northern Territory) Act be made to the will be protected and the town will remain Mirarr in relation to this land, that the town part of Kakadu National Park. area remain part of Kakadu National Park, The GAC views the proposed settlement and that the land be immediately leased as a historic act of reconcilliation between to a government entity for a period of 99 Indigenous and non-Indigenous Australians. years. The agreement will provide for stability In acknowledging the settlement, the and confidence for the residents and The proposed Minister for Families, Housing, Community businesses in Jabiru, ensuring that the Services and Indigenous Affairs, Jenny long-term development of the town in both settlement is a Macklin, congratulated the traditional sustainable and just. owners on negotiating a town leasing The native title claim was filed to correct historic act of agreement which would provide a strong a historical anomaly – some might say, vehicle for ongoing economic development injustice – arising from the granting of title reconcilliation and investment. to the Mirarr over their traditional estate between The settlement will lay the foundation for under the Aboriginal Land Rights (Northern Jabiru to fulfil its potential as a regional hub Territory) Act 1976. Under that grant, the Indigenous and for the Alligator Rivers region. areas occupied by Jabiru and adjacent “The lease, agreed in consultation buffer zones were specifically excluded. non-Indigenous with Mirarr traditional owners, will be the This was done explicitly to prevent the foundation for future economic and social Mirarr exercising their right of veto over the Australians.
I have been fortunate to “tongueless and earless was not restored to ‘represent the Mirarr in towards this other its traditional owners, their native title claim to world of meaning and so today the Mirarr the land and waters of significance.” continue to seek Jabiru. It is not about rights and proper recognition The unique significance ownership as we would of their traditional to the Mirarr of their understand those terms; responsibilities. country is difficult it is about spiritual They are a resolute to comprehend for affiliation and duty. people who will secure those of us reared in a More than three that recognition. different tradition. As decades ago the Ranger ’ Professor Stanner said Commission of Inquiry Sturt Glacken SC in his Boyer Lectures reported that Jabiru 5 November 2009 three decades ago, no and its environs are Owen Dixon Chambers English words are good part of the traditional West Melbourne enough to give a sense country of the Mirarr of the links between a Gundjeihmi. Despite group like the Mirarr acknowledgement at and their homeland, and the highest levels of our tradition leaves us government, Jabiru
The Mirarr: yesterday, today and tomorrow 71 construction of the town, thus endangering provision and tourism activities. o t h e future the development of the Ranger mine, over The granting of Aboriginal land and the which the Mirarr had lost the usual veto. consequent long-term leasing of Jabiru will By the time the native title claim was end the uncertainty currently experienced king t Loo lodged in 1997 the town had long been by developers and lending institutions built and the Ranger mine was up and regarding new projects in the town. The running. The stated reasons for the advent of a secure new headlease enables exclusion were thus, if ever just, no longer all stakeholder parties – including major relevant. tenants, Parks, the Shire and the Northern The original headlease is due to expire Territory Government – to plan investment in 2021. It is appropriate, therefore, that and maintenance schedules with clarity and negotiations regarding the details of the security. new headlease, as stipulated by the Federal One key result will be a welcome Court, conclude as soon as practicable. streamlining of planning and development There are a number of considerations processes. It will ensure that the future of which apply to the future development Jabiru is robust and proceeds in harmony of the township. These include important with respect both for the traditional owners constraints because of the environmentally and for the resident families of the broader and culturally sensitive area in which it community. is situated. It is reasonable to assume, After all, the Mirarr were at what became however, that after the eventual closure of Jabiru long before the miners arrived. And the Ranger mine the township will remain they will be there long after the miners Magela creek in flood. in some form as a base for regional service depart.
72 The Mirarr: yesterday, today and tomorrow