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Building an Implementation Framework for Agreements with Aboriginal Landowners: a Case Study of the Granites Mine

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Building an Implementation Framework for Agreements with Aboriginal Landowners: a Case Study of the Granites Mine Building an Implementation Framework for Agreements with Aboriginal Landowners: A Case Study of The Granites Mine Rodger Donald Barnes BSc (Geol, Geog) Hons James Cook University A thesis submitted for the degree of Master of Philosophy at The University of Queensland in 2013 School of Architecture Abstract This thesis addresses the important issue of implementation of agreements between Aboriginal people and mining companies. The primary aim is to contribute to developing a framework for considering implementation of agreements by examining how outcomes vary according to the processes and techniques of implementation. The research explores some of the key factors affecting the outcomes of agreements through a single case study of The Granites Agreement between Newmont Mining Corporation and traditional Aboriginal landowners made under the Aboriginal Land Rights Act (NT) 1976. This is a fine-grained longitudinal study of the origins and operation of the mining agreement over a 28-year period from its inception in 1983 to 2011. A study of such depth and scope of a single mining agreement between Aboriginal people and miners has not previously been undertaken. The history of The Granites from the first European contact with Aboriginal people is compiled, which sets the study of the Agreement in the context of the continued adaption by Warlpiri people to European colonisation. The examination of the origins and negotiations of the Agreement demonstrates the way very disparate interests between Aboriginal people, government and the mining company were reconciled. A range of political agendas intersected in the course of making the Agreement which created an extremely complex and challenging environment not only for negotiations but also for managing the Agreement once it was signed. The Agreement ultimately served a range of purposes including provision of benefits to Aboriginal stakeholders and gaining consent of the traditional owners to development of the mine. In terms of outcomes, the longevity of the mining operation, the lack of disputation, continued capital investment and corporate acquisitions of the mine were evidence of the security the Agreement provided to the mining company. Less certainty was evident with respect to identifying sustainable outcomes for Aboriginal stakeholders. Two main areas were analysed, being a) Aboriginal employment; and b) payments to Aboriginal stakeholders. In terms of sustainable benefits over the long term for Aboriginal people the research found that achieving positive outcomes required highly committed and collaborative approaches to implementation. The research confirmed that a range of components needed to be in place, including explicit corporate commitment, strong company and Aboriginal leadership, clearly articulated goals, effective organisational structures and systems, backed by sufficient financial and human resources. In addition to these components the research revealed that positive and effective working relationships between the parties were critical. At the centre of these relationships were highly committed personnel dedicated to achieving positive outcomes for Aboriginal stakeholders. ii Declaration by author This thesis is composed of my original work and contains no material previously published or written by another person, except where due reference has been made in the text. I have clearly stated the contribution by others to jointly-authored works that I have included in my thesis. I have clearly stated the contribution of others to my thesis as a whole, including statistical assistance, survey design, data analysis, significant technical procedures, professional editorial advice, and any other original research work used or reported in my thesis. The content of my thesis is the result of work I have carried out since the commencement of my research higher degree candidature and does not include a substantial part of work that has been submitted to qualify for the award of any other degree or diploma in any university or other tertiary institution. I have clearly stated which parts of my thesis, if any, have been submitted to qualify for another award. I acknowledge that an electronic copy of my thesis must be lodged with the University Library and, subject to the General Award Rules of The University of Queensland, immediately made available for research and study in accordance with the Copyright Act 1968. I acknowledge that copyright of all material contained in my thesis resides with the copyright holder(s) of that material. Where appropriate I have obtained copyright permission from the copyright holder to reproduce material in this thesis. iii Publications during candidature Barnes, R, 2009. ‘Mining and Land Rights in Central Australia’. Dialogue 28 2/2009. Journal of the Academy of Social Sciences, Canberra. Publications included in this thesis No publications included. Contributions by others to the thesis No contributions by others. Statement of parts of the thesis submitted to qualify for the award of another degree None. iv Acknowledgements This thesis has been a long time in the making. My supervisors, Professor Paul Memmott and Professor David Brereton, stuck with me and gave me consistently valuable support and encouragement. I appreciate greatly their insights and advice. I feel priviliged to have been associated with their respective research centres, the Aboriginal Environments Research Centre and the Centre for Social Responsibility in Mining. I thank them for access to the resources of those Centres and acknowledge colleagues and friends I made at those places. In particular, I acknowledge Joni Parmenter, Julia Keenan, Daniel Franks and contemporaneous RHD students, Mai Vo and Mirella Gavidia for their collegial support and interest in my research during my candidature. I acknowledge the support and assistance of Warlpiri people for allowing this project to be undertake, including traditional owners and affected community members. Special thanks to Henry Cook Jakamarra, Rex Granites Japanangka, Warren Williams Japangardi, Bess Price Nungarrayi, Peggy Rockman Napaljarri all of whom taught me very much about Central Australia and facilitated this research. I acknowledge the traditional owners who have been involved in story of The Granites and pay respects to those of whom have now passed away. Many thanks for the the assistance I received from the CLC and, in particular, thanks to David Ross, David Avery, Julie Ann Stoll and James Nugent for their supprt of my undertaking. Important also were Newmont personnel who encouraged and enabled the project. Thanks especially to Christine Charles, Sally McMartin, Bill Hoskins, Brian Fowler, Paul Davies and Mike Slight. I acknowledge the fundamental contribution made by the Desert Knowledge CRC (now Ninti One), which provided a scholarship that enabled me to undertake the project. I am particularly grateful to Jan Ferguson Managing Director DKCRC for her enthusiasm and support for this research. Thanks also for the support of my family; Charles Barnes, who read drafts of my thesis, as well as Rigby Barnes, Kynan Barnes and Jonathan Barnes for their help and patience. I am grateful to Lu Sexton of Marginalia for copy editing my thesis. Also thanks to Audrey Nelson from Newmont and Cath Pattenden from JKTech Pty Ltd for reading final drafts of my thesis as well as Bianca Foggiatto for assistance with thesis formatting. v Keywords Aboriginal people, Indigenous people, Granites, Tanami, Mining, Agreements, Land Rights, Implementation, Central Land Council, Royalties, Development. Australian and New Zealand Standard Research Classifications (ANZSRC) ANZSRC code: 160501 Aboriginal and Torres Strait Islander Policy, 50%. ANZSRC code: 160403 Social and Cultural Geography, 40%. ANZSRC code: 160104 Social and Cultural Anthropology, 10%. Fields of Research (FoR) Classification FoR code: 1605 Policy and Administration, 50%. FoR code 1604 Human Geography, 40%. FoR code 1601 Anthropology, 10%. vi Glossary of terms AAMC Aboriginal Associations Management Centre ABA Aboriginal Benefit Account ALP Australian Labor Party CLC Central Land Council CLP Country Liberal Party CMA Consolidated Mining Agreement 2003 CSRM Centre for Social Responsibility in Mining, University of Queensland DBS Dead Bullock Soak Mineral Lease (South) 154 DEWR Australian Government Department of Employment and Work Place Relations DME Northern Territory Department of Mines and Energy EL Exploration Licence FIFO ‘Fly-in, fly-out’ commuting to and from a mine via air charter FaHCSIA Department of Families, Housing, Community Services and Indigenous Affairs GMAAAC Granites Mine Affected Area Aboriginal Corporation GMLs Gold Mining Leases ICMM International Council for Mining and Metals ILUA Indigenous Land Use Agreement ML(S) 8 Mineral Lease (South) 8 MCA Minerals Council of Australia MMSD Mining, Minerals and Sustainable Development NNTT National Native Title Tribunal NLC Northern Land Council NFM North Flinders Mines Ltd NT Northern Territory NTED Northern Territory Department of Education WETT Warlpiri Education and Training Trust vii Table of Contents 1. Introduction ..................................................................................................................... 1 1.1. Rise of agreement making ....................................................................................... 3 1.2. Research on agreement outcomes ........................................................................... 6 1.3. Research aims .........................................................................................................
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