Issue 06: May 2020 06
In this final issue you will read about:
• Yamatji Nation Claim consent determination • Reflecting on our innovative community consultation • Incorporation of Yamatji Southern Regional Corporation Ltd (YSRC) and Bundi Yamatji • Winner YNSRA Artwork Competition 2019 Aboriginal Corporation (BYAC) • Yamatji Nation ILUA timeline update • Updates from YSRC interim directors • How YMAC services assisted YNSRA
YNSRA NEWSLETTER | MAY 2020 | 01 Introduction
Welcome to the final YNSRA newsletter.
Congratulations! Following a long history of negotiations, the Yamatji Nation Claim consent determination and signing of the landmark Indigenous Land Use Agreement with the State Government of Western Australia was achieved on 7 February 2020. YMAC was privileged to provide support to this unique agreement, which in its final form is called the Yamatji Nation Indigenous Land Use Agreement. We can now celebrate the beginning of a new future for the Aboriginal people of the Mid West region and look forward to seeing the region prosper. We wish you all the best in working together with the Yamatji Southern Regional Corporation Ltd and Bundi Yamatji Aboriginal Corporation. Within a month of consent determination celebrations, the focus of people everywhere turned to the unfolding COVID-19 pandemic. It continues to affect how we live and work, and we are very aware of the need to help keep vulnerable people safe and protected from the virus, especially in regional and remote communities. YMAC has set up a COVID-19 page on our website containing information, resources and links relevant to our members and clients that you can After the formalities of the Federal access at any time (details at the back Court Hearing all parties of the of this newsletter). Yamatji Nation Claim negotiations Stay well. were pictured together. Simon Hawkins CEO Yamatji Marlpa Aboriginal Corporation
02 | YNSRA NEWSLETTER | MAY 2020 Front Row (l-r) Back Row 1 (l-r) Debbie Fletcher Director State Agreements Department Gulmina Miocevich, YMAC Claim Lawyer (Hutt River and of Premier and Cabinet, Sheila Begg Solicitor State Southern Yamatji), Shirley McPherson (TONT), Helen Solicitors Office, Lorraine Whitby Traditional Owner and Nutter (TONT), Eric Oakley Traditional Owner, Gary Hodder Elder, Hon. Ken Wyatt AM, MP, Minister for Indigenous Traditional Owner, Stephen Kelly Traditional Owner, David Australians, Hon Justice Debra Mortimer Australian Drage Snr Traditional Owner, Hon. Ben Wyatt MLA, WA Federal Court, Ted Mullaley Traditional Owner, Kathleen Treasurer and Minister for Finance, Energy, Aboriginal Affairs Pinkerton YNSRA Traditional Owner Negotiation Team and Lands, YMAC CEO Simon Hawkins, Michael Pagsanjan (TONT), Greg McIntyre Corser and Corser Senior MPS Law Claim Lawyer (Widi Mob), Robert Bitmead YMAC Counsel (Mullewa Wadjari). Lawyer (Southern Yamatji), Jeremy Brown YMAC Claim Lawyer (Hutt River). Middle Row (l-r) Ann Daniel Judicial Registrar Australian Federal Court, Back Row 2 (l-r) Delveen Whitby (TONT), Carol Martin (TONT), Lindsey Wanjie Song, Solicitor, State Solicitors Office, Arran Gerrard Councillor Traditional Owner, Ross Councillor (TONT), Australian Government Solicitor, Paul Eley (TONT) and Fred Glenda Jackamarra (TONT), Leedham Papertalk Snr Taylor (TONT Chair). (TONT), Julia Horsley YMAC Lawyer (YNSRA), Brooke Absent: Rod Little (TONT) and Rodney Nichole YMAC Claim Creemers YMAC Claim Lawyer (Southern Yamatji) and Lawyer (Yamatji Nation Claim). Bethan Smillie Policy Officer Department of Premier and Cabinet.
YNSRA NEWSLETTER | MAY 2020 | 03 Yamatji Nation Claim consent determination
The Yamatji Nation Claim consent determination was welcomed by the community at the Federal Court hearing presided by Her Honour Justice Debra Mortimer at Edith Cowan Square Geraldton, on 7 February 2020.
This auspicious and moving occasion celebrated Development Commission, Mid West Chamber of the native title determination covering the Mid West Commerce and Industry, City of Greater Geraldton region, and recognition of Traditional Owners as and surrounding Shire Councils. Debbie Fletcher from native title holders. It represented the culmination of the Department of Premier and Cabinet, and Judicial many years of hard work by all the claims involved. Registrar Ann Daniel were also involved in the formalities. The Indigenous Land Use Agreement (ILUA) arising from the Yamatji Nation Southern Regional Invited speakers included Ministers Ben Wyatt and Ken Agreement (YNSRA) negotiations – was also signed Wyatt who commemorated the historical occasion by the claims’ applicants, the State Government and together with YMAC CEO Simon Hawkins, and other parties after the hearing of the formal consent Traditional Owner Negotiation Team members Fred determination. Taylor, Kathleen Pinkerton, Shirley McPherson, Glenda Jackamarra, Delveen Whitby, Traditional Owner and Over 400 guests attended, including special guests Elder Lorraine Whitby, and Tony Lee as the MC. Hon. Ken Wyatt AM MP, Commonwealth Minister for Welcome to Country was performed by Donna Ronan Indigenous Australians and Hon. Ben Wyatt MLA, and a traditional dance performance was performed by WA Treasurer and Minister for Finance, Energy, Sun City Jijas. Aboriginal Affairs and Lands. Other invited guests included the YMAC Board, All photos of the Consent Determination courtesy of YMAC’s José Kalpers. staff from State Government Departments, Mid West
Yamatji Nation Consent Determination Video Relive this exciting experience attended by more than 400 people by viewing the video on the YMAC YNSRA webpage: ymac.org.au/ynsra Judge Debra Mortimer conducted the Federal Court Hearing for the Yamatji Nation Claim Consent Determination.
Justice Mortimer congratulates Traditional Owners as TONT chairperson Fred Taylor expresses his pride in the native title holders. TONT’s achievements.
04 | YNSRA NEWSLETTER | MAY 2020 Special Guests the Hon. Ben Wyatt MLA, Minister for Traditional Owner and Elder Lorraine Whitby proudly Aboriginal Affairs and Hon. Ken Wyatt MP, AM, Minister signs the ILUA. for Indigenous Australians.
All photos of the Consent Determination courtesy of YMAC’s José Kalpers. YMAC CEO Simon Hawkins congratulates all parties and staff for their commitment to this project.
Sun City Jijas celebrated with dance after the formalities.
The historical moment that the unique native title consent determination was granted to all Yamatji Nation Claim Members.
Artwork on the TONT shirt was designed by Carol Martin A special lunch celebrated the end of a long journey towards and the slogan created by Paul Eley (aka Yeti). consent determination
YNSRA NEWSLETTER | MAY 2020 | 05 Incorporation of Yamatji Updates from current Southern Regional YSRC interim directors Corporation Ltd (YSRC) and the Bundi Yamatji Aboriginal Corporation • Delays arising from COVID-19 have resulted in an extension of the directors’ (BYAC) nominations deadline to 30 June 2020. All interested members who wish to nominate to be a director of YSRC • The YSRC was incorporated on must lodge nominations by this 8 January 2020. Membership is date. All enquiries for nominations open to all Yamatji Nation Claim can be made at: people. [email protected] • The BYAC was registered on • Plans for the General Meeting (GM) 22 January 2020. The BYAC will are also postponed until it is safe to hold the Yamatji Nation Claim native meet again. title on trust for the common law holders, and will also hold other The GM is now being planned for land benefits such as conservation approximately September 2020. estate and managed reserves. The interim directors are also exploring the feasibility of a hybrid face-to-face/ • A Yamatji Nation Trust will also electronic meeting. be established to help preserve the settlement benefits for current and All members are encouraged to future generations for Yamatji Nation provide email and mobile phone Claim people. This will happen after contact details to: [email protected] conclusive registration of the Yamatji Nation ILUA.
Winner of YNSRA Artwork Competition 2019
Many talented Yamatji Artists entered the YNSRA Artwork competition. The decision for the TONT was a difficult one as the standard was very high. Congratulations to the winner Nicole Dickerson for her beautiful painting – “Connection to Country.”
You can view the other entries at: ymac.org.au/photos/ynsra-artwork-competition-2019/
06 | YNSRA NEWSLETTER | MAY 2020 Reflecting on community consultation through the YNSRA negotiations: The Yamatji Nation Claim expo and authorisation meeting 8 & 9 October
Prior to the consent determination a combined two-day authorisation meeting for the Yamatji Nation Claim and the Southern Yamatji (WAD19/2019), Hutt River (WAD27/2019), Mullewa Wadjari (WAD21/2019) and Widi Mob (WAD31/2019) claims was held in Geraldton on 8 and 9 December 2019. The first day of the meeting was as an interactive information exhibition (expo). Highly innovative in its approach, the claimants accessed a wide range of information resources about the Yamatji Nation ILUA and native title determination. The expo was held at 1 Edward Road in Geraldton, which is planned to become the headquarters of the YSRC. A walking trail map guided people through the building to 10 different rooms set up with materials about various components of the YNSRA such as Land, Conservation Estate, Heritage, the Government Partnership Framework, Economic Development, the Financial Package, Recognition and Governance. Individuals had the opportunity to discuss specific At the interactive expo families enjoyed creating the aspects of YNSRA with people who were involved hand painting. in the negotiations.
Presenters included the YMAC Claim lawyers, consultant lawyers, YMAC staff from Heritage, Lands, Research, Geospatial teams, plus representatives of the State Government: Department of Premier and Cabinet; Department of Planning, Lands and Heritage; Department of Biodiversity, Conservation and Attractions; Department of Primary Industries and Regional Development; Department of Water and Environmental Regulation; Department of Corrective Services, the Mid West Development Commission and Development WA. The meeting was organised by the YMAC Geraldton Business Support team. A large marquee was set up for the formalities of the day, attended by about 1000 claim members. Speeches at lunch were made by Hon. Minister Ben Wyatt MLA, Traditional Owner Negotiation Team chairperson Fred Taylor, YMAC lawyer Jeremy Brown and other Traditional Owners. The second day of the Authorisation Meeting was held at the Sun City Christian Centre in Geraldton, on 9 December 2019. Members of the claims were asked to make decisions about the proposed Yamatji Nation ILUA and the proposed consent determination Taking the final vote for the Yamatji Nation Claim at the to recognise native title. authorisation meeting in Geraldton.
YNSRA NEWSLETTER | MAY 2020 | 07 Yamatji Nation ILUA timeline update
Currently conclusive registration is anticipated in late August or September 2020 on condition that there are no objections or applications for a judicial review.
Process & Post Authorisation Timeline - Getting to Registration and a Determination
8 & 9 7 24 December February February 2019 2020 2020
Authorise ILUA Consent ILUA Fully & Consent Determination Executed Determination Federal Court Proceedings in Geraldton (conditional determination)
Step Step Step 01 02 03
ALL CLAIMS REMAIN ON FOOT UNTIL THE ILUA IS CONCLUSIVELY REGISTERED AND ORDERS TAKE EFFECT
08 | YNSRA NEWSLETTER | MAY 2020
The Yamatji Nation ILUA documents can be accessed electronically at: wa.gov.au/government/document-collections/yamatji-nation-indigenous-land-use-agreement-documents Yamatji Nation ILUA fact sheets can be accessed at: wa.gov.au/government/document-collections/yamatji-nation-indigenous-land-use-agreement-fact-sheets
12 29 Approx. March April August/Sept 2020 2020 2020
ILUA Lodged ILUA 90 Day Anticipated for Registration Notice Period conclusive at National Native Commences registration Title Tribunal (s 24CH NTA) of ILUA and orders for determination take effect
Step Step Step 04 05 06
YNSRA NEWSLETTER | MAY 2020 | 09 How YMAC services assisted the YNSRA negotiations
A project as complex as the YNSRA required The nature of the overlapping claims between specialised project management. This journey four different groups and the single overlapping has been a 20-year process for YMAC and even claim in the Mid West of WA, made this project longer for Traditional Owners. more complicated than any other YMAC has previously been involved with. To demonstrate the magnitude of negotiations, over 100 YMAC employees and external consultants have been involved throughout the course of the project.
Legal Heritage
Legal comprised a team of up to seven Heritage provided detailed specialist advice specialised and dedicated lawyers to represent to the TONT, attended various TONT workshops the Southern Yamatji, Hutt River and Yamatji and Federal Court Mediations in relation to Nation claims. YMAC legal teams drove the negotiation of Heritage Agreements and representation for their respective claims by associated documents. They also assisted providing legal advice, general assistance in the drafting of the specialised Heritage and preparing all documents for the claimants’ Agreements to form part of the YNSRA working groups and TONT members. They settlement package. conducted meetings and claim group meetings, attended Federal Court mediations, made YMAC Heritage: Kirsty Anderson, Callum Forsey, appearances in Federal Court Case Philippa Hunter, Stephen Morgan. Management Hearings and instructed independent Barristers to provide specialised advice and attend Court as required.
YMAC legal: Cameron Trees, Michael Meegan, Gulmina Miocevich, Rodney Nichole, Glenn Archer, Jeremy Brown, Brooke Creemers, Julia Horsley, Robert Bitmead, Megan Healey.
Research Land & Sea
Research was comprised of highly skilled Land and Sea Management provided extensive anthropologists who worked closely with the specialised advice and support to the TONT YNSRA claimants to help progress claims and lawyers on cooperative management of towards agreement and the consent conservation estate reserves, ranger models determination. They conducted archival and in Western Australia and nationally, and overall genealogical research, cultural mapping and land and sea management matters. analysis of ‘laws and customs’ as outlined in the They also provided targeted advice about Lucky Native Title Act 1993 (NTA). Bay and Pink Lake.
YMAC Research: Amy Usher, Aimee Lamatoa, Luke May, Max Sargeant, Joshua Santa Maria, Alistair Vaughan, YMAC Land and Sea: José Kalpers Cory Hermann, Carmen Cummings.
10 | YNSRA NEWSLETTER | MAY 2020 The participants included the Traditional Owner Staff from YMAC’s Geraldton and Perth offices Negotiation Team (TONT), claim representatives worked extremely hard to meet often challenging from five different claims, the State Government, timelines and complex situations in support of the Commonwealth Government, Federal Court and many Traditional Owners involved in this ILUA and YMAC, who together successfully delivered a the Yamatji Nation Claim. See the different YMAC blueprint for future West Australian native title teams that worked on the project below. (NB Not settlement agreements. all names listed below)
Land Services Communications
Land services team provided important Communications unit provided regular and technical land advice about the land being consistent communication for YNSRA offered by the State Government and claimants, collaborating with the YNSRA project sought by the TONT as part of the YNSRA team and TONT. A communications strategy settlement. Advice included information on was developed to support delivery of print land management costs, zoning, market and online materials, merchandise, media, comparisons, specialist land administration advertising, website content and signage. and the review of ownership and management They also coordinated documentation of the documents negotiated with the State project and the YNSRA artwork competition. Government. An expression of interest document for Landcorp was also prepared by the team. YMAC Communications: Jane Mitchell, Nicola Holman, Angela Manevski, Kylie Stirk and Elle Gonzalez-Skuja.
YMAC Lands: George Poppas and Kylie Williamson
Geospatial Project / Admin
Geospatial (GIS) provided the TONT and Project Management and Administrative their legal advisors assistance with specialised Support provided a wide range of support mapping and land tenure analysis. including managing YNSRA budgets in accordance with funding conditions provided Assistance included: a desktop and field by State and Commonwealth Governments, analysis for an economic land report; managing funding acquittals, contract producing a land parcel master spreadsheet management, logistical arrangements and linking into the State’s land portal to assist payments for travel and meetings, maintaining the TONT; producing and printing numerous YNSRA databases and mail distributions. maps including a 3D map; and engaging in field trips covering 1000km within the SPA to assess land parcels. YMAC Geraldton office management, business support and project staff: Lucy Tarrant, Edina Boross and Gulmina Miocevich; Chris Dann, Carrum Mourambine, Ken Capewell, Michelle Goodlet, Amanda Jackson, Jackie Fielding, Lisa YMAC Geospatial: William Davis, Steve Pashby, Martin Rocks. Shiosaki, Adrienne Cameron, Rhodda Capewell, Ebony Pilkington, Ebony Paskov, Amanda O’Hehir, Courtney Fitzgerald, Elizabeth Harper and Deirdre Callan.
YMAC Finance: Deepak Neegi, and Nicholas Kimber.
YNSRA NEWSLETTER | MAY 2020 | 11 YMAC and COVID Webpage
COVID-19 has impacted our entire community and we have created a dedicated page to provide some quick links to trusted sources of government and community information, with a focus on Aboriginal people and communities and native title. Please access this information at: ymac.org.au/covid-19/ YMAC is also pleased to be part of community-driven action, through the REcov19ER emergency response group and associated web-page in the Pilbara (recov19er.com.au). More recently YMAC has been supporting Aboriginal leaders from across the Mid West and Gascoyne regions to coordinate their response and requests from government during the pandemic, through providing secretariat and YNSRA Webpage meeting coordination support. If you want to get involved, please call Yamatji Regional Manager Please continue to access information Chris Dann at YMAC’s Geraldton regional office on (08) 9965 6222. related to the Yamatji Southern Regional Corporation on the YNSRA website at ymac.org.au and click on “YNSRA – click here” button.
Yamatji Marlpa Aboriginal Corporation
(YMAC) is the Native Title Representative Body for the Pilbara, Mid West and Gascoyne regions of Western Australia. Since 2017 YMAC has supported and provided advice and representation in relation to the Yamatji Nation Southern Regional Agreement negotiations and the Yamatji Nation Claim, to foster a strong future for Aboriginal people and Country. YNSRA Newsletters There are six newsletters in this series. To view previous editions please go to newsletters under: YMAC’s Ken Capewell wears the YMAC shirt that explains the YMAC vision of Country. ymac.org.au/ynsra
For more information about the YSRC or to obtain a copy of the YSRC membership form contact [email protected]
171 Marine Terrace, Geraldton PO Box 2119 Geraldton WA 6531 Phone: (08) 9965 6222 | Fax: (08) 9964 5646
12 | YNSRA NEWSLETTER | MAY 2020