YAMATJI MARLPA BARNA BABA MAAJA ABORIGINAL CORPORATION 2004 ANNUAL REPORT Pilbara Representative Area

Yamatji Representative Area TABLE OF CONTENTS

LETTER OF TRANSMITTAL 3 NATIVE TITLE CLAIMS: YLSC ACHIEVEMENTS 2003/04 29 CO-CHAIRPERSON’S REPORT 4 NATIVE TITLE CLAIMS: EXECUTIVE DIRECTOR’S REPORT 5 PNTS ACHIEVEMENTS 2003/04 36 THE LEGAL ENVIRONMENT 6 NOTIFICATION AND AGREEMENT THE POLITICAL ENVIRONMENT 9 MAKING 44

THE ECONOMIC ENVIRONMENT: EXPEDITED PROCEDURES 45 THE PILBARA BOOM 10 ADDITIONAL FUTURE ACT APPLICATIONS 46 ABOUT THE YMBBMAC 12 THE STANDARD HERITAGE AGREEEMENT 47 ACHIEVEMENTS 14 YMBBMAC NEGOTIATED AGREEMENTS 48 NEXT YEAR 15 NEGOTIATED PROTOCOLS 50 THE COMMITTEES 18 OTHER FUNCTIONS 51 THE STAFF 19 INTERNAL REVIEW 52 ORGANISATIONAL STRUCTURE 21

WORKING GROUPS 22 FINANCIALS 53

FACILITATING AND ASSISTING NATIVE TITLE CLAIMS 23

ASSISTANCE WITH FILING NATIVE TITLE APPLICATIONS 24

REPRESENTATION 24

CERTIFICATION 25

MEDIATION PROGRAMS 26

DISPUTE RESOLUTION 27

PRESCRIBED BODIES CORPORATE 28

The image of Burringurrah (Mount Augustus) is located in the Wadjari people traditional lands. Special acknowledgement to Charles Snowball for his permission to use this image.

Thanks also to Nathan Cammerman, Zen Davison, Bruce Ford, Philip Haydock, Allister Hill, Robert Leadbeater of Fortescue Metals Group (FMG) and Pilbara Iron for supplying images

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 1 OUR MISSION

Our mission is to assist Pilbara and Yamatji traditional owners gain rightful recognition of their culture, acceptance as native title holders of their land, achievement of social justice outcomes and engagement in appropriate and sustainable economic development.

OUR VISION

Our vision is to be recognised within the Indigenous community at a regional, State and on a national level as providing excellent professional services and representation to our members, clients and constituents.

Image by Zen Davison

2 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 YAMATJI MARLPA BARNA BABA MAAJA ABORIGNAL CORPORATION YAMATJI LAND AND SEA COUNCIL PILBARA NATIVE TITLE SERVICE

Senator Amanda Vanstone

Minister for Immigration and Multicultural and Indigenous Affairs Parliament House Canberra ACT 2600 15th October 2004

Dear Minister, Letter of Transmittal In accordance with section 203DC of the Native Title Act 1993, we have pleasure in presenting the Annual Report of the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation together with the organisation's audited financial statements for the financial year ended June 30, 2004.

Yours sincerely,

Anthony Dann Neil Finlay Co-Chairperson Co-Chairperson

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 3 CO-CHAIRPERSON'S REPORT

The past year has seen another period of substantial progress for the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation (YMBBMAC). It has demonstrated how native title can deliver recognition of traditional ownership and other more tangible benefits to native title applicants and holders. In particular, the year has brought a considerable number of positive outcomes in the area of future acts negotiations.

This painting is located at Willigulli in YMBBMAC native title claim working groups continue, with the support of the association's the Hutt River people traditional lands. staff, to show a commitment to a structured, planned approach to the progress of their native YMBBMAC is permitted to use this picture. title claims. Many of these working groups are now well established and are developing a level of decision-making and consultative experience that has provided them with the knowledge, skills, and confidence to deal with issues, on behalf of their communities, that extend beyond native title negotiations. This is especially apparent in the growing involvement of working groups in areas of economic development as well as in the protection and management of land and Aboriginal heritage. The working groups are a vital part of YMBBMAC and we will continue to resource and support their good work. On a broader organisational level, this has been another year in which we have shown how Yamatji and Pilbara people can work together. Despite the huge representative area that YMBBMAC covers, with its divergent language groups and societies, we have demonstrated our ability to provide a structured and efficient service that is delivering real achievements for its claimants. The establishment of the YMBBMAC Strategic Plan has set in motion many of the new ideas and emphases of the organisation. This new strategic plan will provide the focus and policy direction of the association for the next few years and we are confident of achieving real This new strategic outcomes for the people of the Yamatji and Pilbara regions. plan will provide the Through the strategic plan, we have identified a number of areas in which the organisation focus and policy can assist to improve the situation for Aboriginal people in this country. We have already been direction of the working to suggest new ideas about how Aboriginal people can have more involvement, responsibility – and accountability – for the way in which government and services are association for the provided to their communities. We hope for developments that will help to improve, and next few years and make more equitable, the way in which communities live and develop. we are confident of Once again, we would like to thank YMBBMAC staff and committees for their dedication and achieving real hard work over the past twelve months. We look forward to working with them to achieve outcomes for the even more for our members over the coming year. people of the Yamatji and Pilbara regions. Anthony Dann CO- CHAIRPERSON

4 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 EXECUTIVE DIRECTOR'S REPORT

This year has been a significant one in the history of the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation. Not only have we resolved a number of internal governance issues, but we have also set ourselves a series of organisational objectives that should lead us – and particularly our clients – towards further achievements.

Over the past twelve months YMBBMAC has identified significant internal compliance issues. This painting is located at Willigulli in In support of our drive to address this, ATSIS provided a grant controller to assist the the Hutt River people traditional lands. YMBBMAC is permitted to use this association meet its internal compliance. The subsequent report submitted to the Governing picture. Committee, by the grant controller, clearly indicated that the majority of issues identified were resolved. I would like to thank the Chairpersons of the Governing Committee for their strong leadership in dealing with the compliance matters. YMBBMAC has also been through a lengthy strategic planning procedure, which was facilitated through a session with members of the Governing Committee. The result was the creation of a new organisational strategic plan, which has now been adopted by the Minister. The strategic plan has guided the operational plans and budgets for the organisation. These, in turn, have complied with relevant timeframes and have met the necessary compliance standards. The organisation's vision, established by the Governing Committee, focuses strongly on building relationships with industry and government to provide the best outcomes for claimants. The next year is expected to bring exciting opportunities for the association and its clients. In particular, they will come from developing a framework for working groups to create a multi-layered strategy enabling claim areas to reach full potential in achieving their dreams and ambitions. The challenge ahead for the organisation is to ensure that claims progress as soon as possible and that claimants feel matters have been dealt with in a prompt, respectful fashion. The The organisation's organisation has a high priority in delivering connection reports to State Government and we vision, established by will continue with these reports in order to assist claimants' aspirations to be met. I am also the Governing particularly keen to maintain the high level of excellence in compliance that we have achieved in recent times. Committee, focuses I would like to acknowledge the hard work and dedication of staff throughout the year and strongly on building look forward to working with them to achieve more next year. relationships with Now is an important time in the history of Aboriginal governance and we need to ensure that industry and we take advantage of the moment. I expect to be able to report major achievements over the government to coming year. provide the best outcomes for Simon Hawkins claimants. EXECUTIVE DIRECTOR

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 5 THE LEGAL ENVIRONMENT

DETERMINATIONS OF NATIVE TITLE During the reporting Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation seeks determination of native title applications by consent. In other words, it seeks determinations by the Federal period, YMBBMAC Court that are reached with the concurrence of the respondent parties. completed connection The State of Western Australia is the primary respondent party to each application for reports for the Ngarla a determination of native title. YMBBMAC prepares connection reports in order to and Karriyarra native facilitate consent determinations in the Federal Court. Each connection report is title claims. Preparation produced in conformity with State guidelines. Acceptance of a connection report by the State is usually a pre-condition for it entering upon substantial negotiations of connection reports for concerning a consent determination. In October 2002, the State Government adopted a number of other native revised criteria for connection reports and now requires connection material to be title claims will continue presented in accordance with the guidelines set out in a document entitled Process for Assessment of Evidentiary Material Provided in Support of Applications for a in the forthcoming year. Determination of Native Title. During the reporting period, YMBBMAC completed connection reports for the Ngarla and Karriyarra native title claims. Preparation of connection reports for a number of other native title claims will continue in the forthcoming year. Progress towards completion of connection reports notwithstanding, no claims in either the Yamatji or Pilbara regions were subject to Federal Court timetabling orders that would have required the reaching of determinations by consent or otherwise during the reporting period. However, Justice Nicholson handed down his decision in Daniel v State of Western Australia [2003] (Ngarluma and Yindjibarndi). On November 25, 1996, the Registrar of the National Native Title Tribunal, pursuant to section 74 of the Native Title Act as it then stood, referred the Ngarluma and Yindjibarndi claim to the Federal Court for a determination of native title. The Ngarluma and Yinjinbarndi claimants were represented initially by the DCH Legal Group, then by Dwyer Durack Lawyers and then by the Aboriginal Legal Service at the trial. YMBBMAC now represents the native title holders. WHAT IS A The trial took eighty-one hearing days and involved numerous interlocutory DETERMINATION? proceedings. Eleven expert witnesses were called; seventy-six Aboriginal people gave evidence; three retired pastoralists and three current pastoralists. On July 3, 2003, just When a court makes a decision after the reporting period and almost eight years after the initial referral to the Court, about whether native title does or Justice Nicholson handed down his decision in Ngarluma and Yindjibarndi. does not exist in a particular area of land or waters it is referred to The Daniel case is significant in a number of respects. Firstly, Daniel is the first as a determination. Where a application of the law since the High Court's rulings in Ward v Western Australia determination is said to exist, the (2002) and Yorta Yorta v Victoria (2002) and the parties had been given an rights and interests of the native opportunity to file submissions, taking into account changes in the law brought about title group will also be set down. by these decisions. Secondly, the claim was strategically important on a State and The process of determining regional basis covering, as it did, an economically significant area, and being the first native title tends to take a claim determined in the Pilbara region. Finally, on a symbolic and historic level, the considerable amount of time and claim covered an area that has been the subject of some notorious incidents in race is often a complicated process. relations in Western Australia. The decision also determined the overlapping parts of claims of three other groups known as the Wong-Goo-TT-OO, the Yaburara Mardudhunera, and the Kariyarra people.

6 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 In relation to the question of existence and content of native title, Justice Nicholson held that: ◗ There were no exclusive native title rights and interests held in the determination area. ◗ No native title rights and interests were held in respect of the Burrup as part of the determination area. A major future act agreement in relation to the Burrup Peninsula was negotiated in 2002 which largely undermined the practical significance of this decision in relation to the Burrup agreement. ◗ There were no native title rights and interests in the sea beyond the low-water mark. ◗ None of the second, third, or fourth applicants held native title rights and interests in the determination area, except that members of the third applicants may do so as Ngarluma or Yindjibarndi people. ◗ Subject in particular to extinguishment, non-exclusive native title rights and interests exist in relation to the determination area and are held by the Ngarluma and Yindjibarndi peoples in each of their areas as the common law holders of the native title rights and interests. In summary, the non-exclusive native title rights and interests held by the Ngarluma and Yindjibarndi peoples relate to: access; ritual and ceremony; camping, hunting and foraging; fishing in inter-tidal or river waters; taking of bush medicine, bush tucker, fauna, flora and water; taking of ochre; cooking and lighting of fires for cooking purposes; and the protecting and caring for sites and objects. These rights and interests are in some cases limited to particular portions of the claim area. In relation to extinguishment, Justice Nicholson was largely able to apply what is now settled law, though additional guidance has been provided in relation to a variety of other land tenures, including mining leases, which extinguish the native title right to be asked permission to use or have access to the lease area, though other rights may survive. Consequently, large swathes of traditional Ngarluma and Yindjibarndi country, including the area covered by the Millstream-Chichester national parks, have no native title at all as a result of extinguishment.

WHAT IS NATIVE TITLE?

Native title is the legal recognition in lease; and some land held for Aboriginal Australia that a system of law and land communities. It can sometimes also exist ownership was held by societies of for inland and coastal waters which are Aboriginal people before colonisation and not privately owned – public rights of may exist today. The law recognises the access to these areas will not be affected. existence of native title when it is Native title is extinguished in any area demonstrated that a traditional connection where freehold exists. Native title cannot to land and waters has been maintained take away anyone else's valid rights. and where it has not been removed by No homes or mining leases will be lost as a government acts. result of native title. Where there is a conflict between native title rights and the Native title may exist in vacant Crown land; rights of another person, the rights of the ? some national parks; some types of pastoral other person always prevail.

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 7 Substantial work remains to be done in relation to settling the form of the determination and establishing a prescribed body corporate. It will also be necessary to consider an appeal against the determination when this is finally made. It was during this reporting period, that the Yindjibarndi people nominated a prescribed body corporate (PBC). The July 2003 decision left open various issues for further submissions and determination. One area on which further submissions were made was the question of which native title Substantial work rights and interests would be extinguished by the different tenures which did not wholly remains to be done extinguish native title. This was a matter that had not been determined by the High Court in in relation to settling Ward. Submissions were made by the various parties and on December 5, 2003, a further decision was handed down by Justice Nicholson on these issues. the form of the determination and Since July 2003, there were also submissions and extensions of time sought to nominate a PBC. The decision was made by the claimants that they wanted two separate PBCs – one establishing a for the Yindjibarndi people and one for the Ngarluma people. The Pilbara Native Title Service prescribed body was instructed to handle the Yindjibarndi PBC and this was incorporated and nominated to corporate. the Court on March 31, 2004. PNTS has not been asked to organise the Ngarluma PBC as separate legal representation has been sought. The Ngarluma people did not incorporate or nominate a PBC in the reporting period. Since December 2003, the parties have filed lengthy submissions concerning the form of the determination and the lists of extinguishing tenures. These have raised legal issues such as: ◗ Whether it is possible to have two PBCs over the same area. ◗ Whether it is possible to have two PBCs for one determination. ◗ Whether the case could be re-opened for further legal argument on some issues and extinguishing tenures. ◗ Where the overlap areas between the claims occurs and the location of the southern boundary of the particular Yindjibarndi claim. A further decision on these points was handed down by the court in July 2004, just outside the reporting period. The court has given the State leave to re-open to raise some further extinguishing tenures and for the parties to file affidavits and submissions on those.

Image courtesy of Pilbara Iron

8 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 THE POLITICAL ENVIRONMENT

Aboriginal policy and service-delivery is at a cross-roads. For some time, governments at all levels have been talking about changing the way they provide services to Aboriginal people. Recent moves to dismantle ATSIC have provided the sharpest illustration of government initiatives in this direction. At the same time, a new approach to service provision for Aboriginal communities has been instigated through community trials run by the Council of Australian Governments (COAG) this year. Government interaction with Aboriginal people has a long history of systemic failure, at the crux of which is a lack of meaningful engagement with the Aboriginal community. Traditionally, government has provided services to Aboriginal communities through a 'top down' approach. Administrative structures, whether mainstream or even specific to Aboriginal people, are often imposed upon communities. It is a problem of government that needs to be addressed – not because it is new or escalating but because it has gone on for so long without improvement. This issue has now been recognised and articulated in a number of noteworthy forums, including by the Minister for Immigration and Multicultural and Indigenous Affairs in a speech in February 2004. She said:

It starts with a partnership with the community. That means listening to the people on the ground. It will mean listening to Indigenous communities. Working in partnership with communities. Being in step with their priorities.

A recognition of the need for a partnership approach which shares responsibility for outcomes and works towards community self-management is a key tenet of COAG's initiative for service provision to Aboriginal communities. In addition, building Aboriginal capacity and governance reform is also central to its approach. The council recognises that a commitment to developing capacity in Aboriginal communities and strong corporate governance in Aboriginal organisations is fundamental to building a meaningful administrative partnership. YMBBMAC engages with its clients through a framework which goes beyond the The working group management of native title claims. The working group model, through which YMBBMAC structure allows a administers the native title claims it represents, enables Aboriginal communities actively to develop Aboriginal governance structures which are culturally appropriate and partnership approach representative. The working group structure allows a partnership approach between between government government and Aboriginal people, without requiring government to restructure service and Aboriginal people. delivery arrangements to Aboriginal communities. Effective governance must take account of regional need and regional planning. Regional need can be most fairly determined through the use of the YMBBMAC working group model. These groups will ensure effective community consultation, allowing regional plans to reflect the particular needs of a region and its communities. YMBBMAC is keen to play its part to ensure that its constituents benefit from decisions made about the administration and management of their communities. The next chapter in Aboriginal service delivery should be dependent on consultation and the involvement of Aboriginal people.

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 9 THE ECONOMIC ENVIRONMENT: THE PILBARA BOOM Image courtesy of Pilbara Iron In the past few years Western Australia's Pilbara region has seen a mining revolution that follows, and perhaps exceeds, the boom of the 1960s. Around $15 billion worth of export revenue was raised by resource industry activities in the Pilbara in 2003. Close to one third of these export dollars was generated by developments in iron ore mining, which is undergoing an enormous expansion thanks to economic growth in China. Australia supplies about 17 per cent of the world's total iron ore production and Western Australia – and predominantly the Pilbara – turns out 97 per cent of this amount. At present, it stands as the world's largest single exporter of iron ore. As the Chinese economy continues to expand, its demand is expected to grow. So while between 1970 and 2000 Pilbara mining companies produced 160 million tonnes of iron ore, it is thought that between 2000 and 2006, 300 million tonnes will be produced in the region. Image courtesy of Pilbara Iron In response to this, the iron ore industry in the Pilbara is undergoing significant transformation. The two most influential companies, Rio Tinto and BHP Billiton, are implementing more than $1 billion worth of expansion of their iron ore mining processes Increased Aboriginal and infrastructure. In addition, a new company, Fortescue Metals Group, has also entered employment and the arena to meet this demand. training, education But the Pilbara boom is also fuelled by bigger growth in the oil and gas industry which is and health programs also responding to demand from China. Expansion in this field is seeing development in both on and offshore activity. And there are further mineral resources sectors that are are just some of the expanding, including nickel, gold, copper, and chromite. ways in which traditional ownership WHAT THE BOOM MEANS FOR ABORIGINAL PEOPLE is being recognised The explosion in mining production in the Pilbara in the 1960s may have brought the by companies. establishment of new towns, more jobs, and increased infrastructure, but the Aboriginal people of the region did not benefit from the new prosperity. Indeed, much of the development occurred without consideration given to the implications for Aboriginal people, their cultural concerns, and the impact on their country.

Image courtesy of Pilbara Iron However, the cultural, legal, and political environment has changed over the past 40 years. Through the work of native title representative bodies and other organisations looking to protect and improve the situation of Aboriginal people, it is hoped that some of the benefits resulting from the massive economic and industrial growth in the Pilbara will be shared with the land's traditional owners. YMBBMAC is working to ensure that the mining boom of the 21st century will bring a fairer and more equitable prosperity for the country's traditional owners. Changing cultures have meant that greater understanding and trust is being nurtured between traditional owners and mining companies as well as with government agencies and other relevant parties. Increased Aboriginal employment and training, education and health programs are just some of the ways in which companies are demonstrating their recognition of the importance of traditional ownership in the region.

10 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 Operating in an open, honest, loyal and accountable manner in all dealings to help achieve native title and other outcomes for claimants and constituents

Image courtesy of Pilbara Iron

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 11 ABOUT THE YMBBMAC

The Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation (YMBBMAC) is a native title representative body (NTRB), operating under the Native Title Act 1993 (NTA) and incorporated under the Aboriginal Councils and Associations Act 1976. The organisation has two operational divisions. In the Geraldton region it operates as the Yamatji Land and Sea Council (YLSC) and in the Pilbara as the Pilbara Native Title Service (PNTS). The primary role of the organisation is to conduct facilitation, certification, notification, dispute resolution, and agreement making functions under the NTA. YMBBMAC currently services 32 native title claims, which are at various stages of the claim process. Over time, these claims should be rationalised to approximately 25 – each representing a discrete and inclusive Aboriginal society. YMBBMAC was first recognised as an NTRB for the Yamatji region in December 1994. At the time, the Aboriginal Legal Service also offered native title representation in the area, but YMBBMAC became the sole NTRB for the region in April 2000, in accordance with requirements of the 1998 amendments to the NTA. Later that year, YMBBMAC also assumed responsibility as the NTRB in the Pilbara region. The organisation has a multi-layered representative structure, made up of a governing committee and two regional committees. But it also consults regularly with its native title claim working groups and its overall membership. Regional committees are empowered to make decisions about operational and policy matters within their respective areas. Members of the Pilbara Regional Committee are nominated from each of the Pilbara native title claim groups represented by YMBBMAC. Representatives on the Yamatji Regional Committee are elected from the eligible YLSC membership, most of whom come from claims represented by the organisation. Overall policy direction for YMBBMAC is provided by the Governing Committee. This twelve- member committee is comprised of six representatives from each of the regional committees, ensuring effective and balanced input from both regions. YMBBMAC's day-to-day management is the responsibility of the Executive Director – a salaried employee and ex-officio member of the Governing Committee. The organisation receives support from a range of qualified staff, who are managed by the Executive Director and the senior management team for (more information, see page 19) and who operate in line with the policies of the Governing Committee. YMBBMAC has enjoyed considerable stability among its professional staff. However, the shortage of qualified and experienced lawyers, anthropologists and others within the sector means that the loss of any staff member can be a significant setback. For example, the inability to fill the Senior Anthropologist’s position in Geraldton for more than a year has caused operational delay. Many of the claims represented by YMBBMAC involve areas of high mineral resource value and the association faces the need to conduct extensive and complex negotiations with resource development companies, including the big players in the Australian resource industry. Funding is a continuing issue for the organisation. Insufficient levels of government funding have prevented the organisation from fully meeting its statutory obligations. These funds have not been enough to provide adequate staffing levels, the use of required consultants, and other operational costs. However, the organisation is proud of the professional standards that it has been able to achieve, in view of these limitations, on behalf of its constituents.

12 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 MEMBERSHIP OF THE ORGANISATION

YMBBMAC is open to all adult Yamatji Access to YMBBMAC services is not people and all adult Pilbara people. The contingent on membership and the organisation has a current membership of organisation has numerous clients and almost 900 Aboriginal people, though its stakeholders who do not chose to be activities as a native title representative members. All members are entitled to vote body impact on the interests of the majority at the organisation's annual general of the approximately 10,000 Aboriginal meeting and special general meetings. In people recorded in the Census 2001 across addition, Yamatji and Pilbara members are both areas. In addition, as residency is not entitled to vote at their respective YLSC and a requirement of native title, YMBBMAC's PNTS annual general meetings and special i membership also includes people who live general meetings. outside of the representative areas but who have a traditional connection to the land.

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 13 ACHIEVEMENTS

Throughout the course of the reporting period, YMBBMAC has achieved major outcomes for its clients – both in an immediate and longer-term sense. These achievements have been broad and have encompassed, among other things, native title negotiations, organisational development, and the expansion of policy its direction and scope.

YAMATJI LAND AND SEA COUNCIL This year saw considerable reorganisation and consolidation within the Yamatji Land and Sea Council. Changes in staff brought new faces to the organisation, while a number of positions – including that of Senior Anthropologist in Geraldton – have not yet been filled. In addition, benefits from activities of previous years saw the start of real outcomes for claimants, while the removal of some overlap problems cleared the way for a number of Yamatji claims.

ACHIEVEMENTS INCLUDE: ◗ Various claims groups agreed to adopt State heritage agreements but with the instruction that the YLSC-developed standard agreement would be used in preference. ◗ Production started at the Tallering Peak iron ore mine following an agreement with the traditional owners in the previous reporting period. ◗ A number of future act agreements were reached during the period. ◗ Some key overlap issues were resolved. ◗ A draft agreement for management of the Walga Rock and Wilgie Mia heritage sites was developed involving Cue Shire Council, YLSC, Wajarri Elders and local Aboriginal group, Thoo Thoo Wanhina, which provides for all parties to participate in cooperative management of the sites. It acknowledges the Wajarri Elders as traditional owners of the sites, supports vesting of Walga Rock in the Wajarri Elders, and recognises that their permission is required for any future development of the sites. ◗ The State response to the amended connection report for the Badimia claim was received by YLSC after a wait of 21 months.

PILBARA NATIVE TITLE SERVICE Much has happened in the Pilbara Native Title Service in the course of the last reporting period. Not only have negotiations continued at a steady pace but the organisation has started to benefit from its successes in previous years. These successes have not only allowed for more effective negotiations, but have also resulted in the creation of new posts within the organisation, the positive effects of which should be felt in the future. Throughout the ACHIEVEMENTS INCLUDE: course of the ◗ Memoranda of Understanding, which outline the way in which upcoming negotiations reporting period, will take shape, have been entered between a number of PNTS claimant groups and Hope Downs Management Services, Fortescue Metals Group, and Rio Tinto. YMBBMAC has ◗ The Kariyarra connection report was submitted to the State in May 2004. achieved major ◗ A range of future act agreements were successfully negotiated. outcomes for its ◗ Majority of activity on the roll-out of the Standard Heritage Agreement completed. clients – both in an ◗ A business development officer was employed by the PNTS to assist the groups it immediate and represents with economic development opportunities. ◗ Two new project officers have been employed. longer-term sense. ◗ PNTS was appointed as host agency to employ an Indigenous Land Management facilitator through funding from Environment Australia.

14 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 NEXT YEAR

The corporate goals and ambitions of YMBBMAC for the next reporting period and beyond have been set out by the Governing Committee in the organisation's strategic plan. They include:

1. FACILITATION AND ASSISTANCE 6. INTERNAL REVIEW ◗ To achieve settlement of native title claims by a ◗ To promptly, efficiently and fairly provide for internal determination of native title and/or appropriate native review of administrative decisions. title related outcomes agreed by the State, other parties and the Federal Court. 7. OTHER FUNCTIONS ◗ To deal with future acts in a timely and efficient ◗ To assist claimants and constituents protect their manner. heritage rights, interests, laws, culture and customs. ◗ To obtain recognition or a return to claimants and 2. CERTIFICATION constituents for any commercial use of their heritage, ◗ To promptly and efficiently certify claims and/or ILUAs law, cultural knowledge or property. where appropriate statutory criteria are satisfied. ◗ To assist clients seeking advice on community development, education, human rights, land and sea 3. DISPUTE RESOLUTION management, and environmental protection with ◗ To develop and nurture strong relationships among Indigenous heritage values. claimants, constituents, governing committees and ◗ To, as far as is practical and necessary, enter into staff to ensure effective partnerships are established to written arrangements with, and otherwise cooperate achieve native title outcomes with a minimum of with, other native title representative bodies. internal disruption. ◗ To, as far as is practical, identify persons who may ◗ To resolve internal and external disputes in a prompt hold native title within our regions. and respectful manner. ◗ To spread understanding of the native title system. ◗ To resolve overlapping claims via mediation, negotiation and research, where possible. 8. GOVERNANCE AND ADMINISTRATION ◗ To assist the governing committees meet all legislative 4. NOTIFICATION and compliance requirements and operate within ◗ To keep YMBBMAC clients informed of future act statutory obligations and funding guidelines. notifications in a timely manner. ◗ To provide effective and efficient support services to ◗ To notify YMBBMAC clients of any agreement or the governing committees, staff and clients. negotiation opportunities which may be pursued by them.

5. AGREEMENT MAKING ◗ To be involved in pursuing agreement opportunities which are of strategic or precedent value to Maintaining respect in dealings with YMBBMAC clients. claimants, constituents, industry, ◗ To provide clients with professional negotiating advice government agencies, governing in the course of reaching agreements. committees and staff. ◗ To assist with the implementation and ongoing monitoring of agreements.

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 15 Image courtesy of Pilbara Iron

16 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 NEXT YEAR

YAMATJI LAND AND SEA COUNCIL

The next reporting period promises much activity and development for YLSC and the people it represents. The outcomes should be experienced at an organisational, claim group, and regional level. Projected achievements should include: ◗ Development of strategic partnerships with claimant groups, government, and the private sector. ◗ Furthering the development of economic opportunities for claimant groups. ◗ Provision of logistical support for client groups pursuing non-native title outcomes. ◗ Fostering goodwill with the wider community and promoting reconciliation. ◗ Developing education programmes to dispel myths and explaining native title to the wider community. ◗ Ongoing and improved communication with claimants through newsletters. ◗ The establishment of new YLSC positions, including a project officer. ◗ Continued production of connection reports in order to facilitate mediated outcomes of native title applications.

THE PILBARA NATIVE TITLE SERVICE

The PNTS is expecting more organisational expansion, in line with its aims to broaden its means of working for its members. Projected achievements should include: ◗ Strengthening of the PNTS's regional presence. ◗ Expansion of the PNTS operation, including a growth in the size and capacity of its offices. ◗ A number of new positions are likely to established, including a community development officer. ◗ Continued production of connection reports in order to facilitate mediated outcomes of native title applications. ◗ Increased involvement of the organisation in many areas of relevance to Aboriginal communities.

The PNTS will continue to work towards reaching agreements between claimant groups and major proponents, in an attempt to achieve the best deal for traditional owners.

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 17 THE COMMITTEES

GOVERNING COMMITTEE The policy direction for the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation is provided by the YMBBMAC Governing Committee. The committee acts as an advocate for Aboriginal people in the wider Pilbara and Yamatji regions, particularly in relation to government activities affecting land as well as in mining and development issues. Ultimately responsible for the performance of the organisation's statutory functions, the Governing Committee is also accountable to the members of the organisation. The Governing Committee is made up members of the organisation's two regional committees. Six members of both committees join to form the twelve-member committee, providing equal representation of the Yamatji and Pilbara regions. During the reporting period the Governing Committee members were:

YLSC MEMBERS

Anthony Dann (Co-chairperson) Mervyn Councillor Vince Jones Doug Comeagain Mavis Curley Allen Mitchell

PNTS MEMBERS

Guy Parker (Co-chairperson) Neil Finlay Diana Robinson Doris Eaton Natalie Parker Toby Smirke

YLSC REGIONAL COMMITTEE The Yamatji Regional Committee provides the policy direction for YMBBMAC on native title matters within the Yamatji region. Representatives on the Yamatji Regional Committee are elected from the eligible YLSC membership, most of whom are from claims represented by the association. Members of the committee include those elected by ballot at the Yamatji Annual General Meeting and the Executive Director who holds the position of an ex officio, non-voting member. During the reporting period the elected members of the Yamatji Regional Committee were: Anthony Dann (Chairperson) David George Jones Ken Papertalk Mervyn Councillor (Deputy chairperson) Vince Jones Phyllis Pickett Robin Boddington Allen Mitchell Yvonne Radcliffe Doug Comeagain Rowena Mitchell Margaret Ranger Mavis Curley Victor Mourambine Ben Roberts

18 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 PNTS REGIONAL COMMITTEE The policy direction for YMBBMAC on native title matters within the Pilbara region is provided by the Pilbara Regional Committee. Each native title claim represented by YMBBMAC in the Pilbara nominates a representative to the Pilbara Regional Committee. Its membership also includes the Executive Director, who acts as an ex officio, non-voting member. During the reporting period the members of the Pilbara Regional Committee were: Guy Parker (Chairperson) Peter Jeffries Toby Smirke Doris Eaton (Deputy chairperson) Natalie Parker Charlie Smith Nora Cooke Diana Robinson Trevor Solomon Neil Finlay Margaret Rose Roy Tommy Darren Injie Charmaine Sinclair Michael Woodley

THE STAFF A management group, consisting of five senior officers and chaired by the Executive Director, is responsible for performance management of the organisation within the policy and budgetary framework adopted by the Governing Committee and the regional committees. YMBBMAC's management structure promotes regional service delivery. Except where some regional services are most efficiently – or necessarily – provided from Perth, the management of the organisation revolves around the operations of the Geraldton office (for the Yamatji region) and the South Hedland Office (for the Pilbara region). PNTS sub-regional offices are located in Karratha, Roebourne and Tom Price. During the reporting period, the Management Group consisted of the following five senior officer positions:

EXECUTIVE DIRECTOR As Executive Director, Simon Hawkins is responsible for the administration and management of YMBBMAC on behalf of the Governing Committee. In this role, Simon ensures that the policies and decisions of the Governing Committee and the regional committees are implemented; that the organisation observes its legal responsibilities – including its responsibilities as a native title representative body – and that it meets its obligations under agreements entered into with other parties. The role also calls for the implementation of the YMBBMAC strategic plan. Simon took on this position in August 2003. For the first two months of the reporting period, David Ritter held the position in a caretaker capacity.

PRINCIPAL LEGAL OFFICER David Ritter has been the Principal Legal Officer (PLO) since July 1999. In this role, David manages the legal operations of YMBBMAC – in accordance with the rules of incorporation, relevant incorporation legislation, and the provisions of the Native Title Act 1993. The PLO advises on matters related to the Native Title Act; associated legislation and other Commonwealth and State laws; and statutes affecting the interests of native title-holders in the Murchison, Gascoyne, and Pilbara regions.

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 19 The position involves overseeing relationships between the organisation and claimant groups; intra-indigenous mediation in relation to the claims process; preparation and lodgement of native title claims; the progress of native title claims; the resolution of native title claims; and future act and heritage processes. The role also has a policy and management element. This includes representing YMBBMAC in state and national forums concerned with the formulation of legal strategy; creating and implementing policies and procedures for the organisation – in accordance with its legal obligations; as well as developing budgets and managing all legal and research staff and the organisations' Aboriginal liaison officers.

CORPORATE SERVICES MANAGER The Corporate Services Manager is responsible for overseeing much of the financial and organisational requirements of YMBBMAC. The Corporate Services Manager must provide financial and administrative advice to the Governing Committee as well as ensure that organisational policies and procedures are developed and implemented so that its financial and administrative obligations are undertaken in an efficient and timely manner. The role also requires the supervision of staff within the corporate services unit. For the first half of the reporting period the position was filled by Tony Wright. Darren O'Connor temporarily filled the role in the first half of 2004 and Ninder Barlow held the position at the end of June 2004.

REGIONAL MANAGERS Both the YLSC and the PNTS operate, at a divisional level, under the direction of regional managers. As members of the YMBBMAC management team, regional managers are required to promote the organisation's activities within the region. In doing so, they must develop and maintain strategic alliances with Aboriginal organisations, government agencies, and the private sector. In this position, regional managers need to act as advocates and representatives of the native title interests of the Aboriginal people in their representative area. In addition, a regional manager will supervise the efficient operations of the regional office, which includes managing staff. They also play a central role in developing regional budgets and in monitoring the status of these budgets. Cherry Hayward was Regional Manager in Geraldton until April 2004. The position was not filled for the remainder of the reporting period; however, Fred Taylor took over the role in July 2004 In the Pilbara, Alum Cheedy became Regional Manager in January 2004. Jeffrey Brown acted in this position for the earlier part of the reporting period.

STAFFING INDICATORS

Total staff 68 Aboriginal staff 18 Non-Aboriginal 50 Female staff 33 Male staff 35 Full-time staff 62 Part-time staf 6

20 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 YMBBMAC ORGANISATIONAL STRUCTURE ) 2 ( tionist p Payable Officer Accounts Officers Filing Clerk Rece Administration Administration Accountant Co-ordinator Office Manager Office Human Resources Human Officer Finance & Finance Administration MANAGER CORPORATE SERVICES ecialist ecialist p ) 2 ( Receptionist ILMF Position Newcrest Business Development Officer Development Development Officer Development Newcrest Community Newcrest Administration Officers Administration Public Relations & Communications S Communications Executive Assistant Executive Legal Secretary Legal ) 2 ) ( 2 ( Officer Officers Officers Officers Legal Officer Legal Project Officer Project Aboriginal Liaison Legal Officers (2) Aboriginal Liaison Project Officers (2) PILBARA PILBARA Anthropologists (3) Article Clerk Clerk Article Senior Anthropologist Senior Senior Aboriginal Liaison Aboriginal Senior LEGAL OFFICER LEGAL OFFICER SENIOR REGIONAL SENIOR REGIONAL MANAGER Secretary Executive Assistant Officer UNIT UNIT Lawyers (2) EXECUTIVE DIRECTOR HDMS Team HDMS Legal Officer Legal Counsel Counsel Legal Admin Officer Admin Senior Legal Senior Rio Tinto Team Tinto Rio General Lawyers (2) Negotiations Manager Negotiations Cost Recovery Lawyer MAJOR PROJECTS MAJOR ORGANISATIONAL STRUCTURE THE GOVERNING COMMITTEE MEMBERS Legal Counsel Counsel Legal Special Counsel Special Secretary Legal STRATEGIC Special Operations Officer Operations Special OPERATIONS TEAMOPERATIONS Deputy Principal Legal Officer Environmental Compliance Officer PRINCIPAL LEGAL SERVICES DIRECTOR SERVICES Officer (1) Officers (4) Administration Administration GIS OfficerGIS (1) OFFICER &OFFICER OPERATIONAL Regional Heritage Heritage Regional Manager Heritage Officers (2) Heritage Admin Clerk Heritage Administration Officer Administration Senior Heritage Officer Heritage Senior Land Access Land Future Acts Officers (2) LAND ACCESS UNIT ) Officer Liaison 2 ( Aboriginal Clerk Article ists g olo

p y Historian Historian Project Officers Project Liaison Officer Liaison Senior Aboriginal Senior Officer Female Liaison Legal Officers (2) Legal Anthro Aboriginal Senior Anthropologist Senior Secretar LEGAL OFFICER LEGAL OFFICER GERALDTON SENIOR REGIONAL SENIOR REGIONAL MANAGER Office Officer Manager Receptionist Administration c

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 21 WORKING GROUPS

One of the most significant challenges facing native title representative bodies is taking instructions from a community of traditional owners. The primary way that the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation has addressed this is through the establishment of working groups. These groups are an initiative of YMBBMAC, based on a similar – and very effective – concept in the Kimberley region. Members of working groups are nominated and authorised by the native title claim group at a community or claimant meeting. These meetings are widely advertised so that all claimants have the opportunity to participate actively in the decision-making process. Commonly a working group will consist of a dynamic mix of young people and elders – as well as both men and women. The working group has authority from the community to make decisions on its behalf. However, it must follow the instruction of the wider claim group which is consulted to achieve a fully representative decision. These groups are cohesive, functioning, and autonomous. They have their own traditional laws and customs, so each has a uniquely tailored decision-making process. While each working group receives legal, technical, and secretarial support from YMBBMAC, it is the working group that directs the lawyers and consultants – and not the other way around. Working groups are highly effective in improving the representative nature of YMBBMAC, and in providing it with pertinent advice on issues of significance to the Yamatji and Pilbara communities. The groups have developed experience in decision-making; increased communal knowledge of law and procedure; and have helped incorporate Aboriginal systems of knowledge into non-Aboriginal legal systems. The structure of working groups ensures that claimant groups can engage in effective cross-cultural exchange with other parties. In particular, rapport built between a proponent and a group can shave months or years off project approval timeframes. But this emphasis upon relationship-building has also allowed YMBBMAC to move beyond conventional native title agreements to pursue constructive relationships with government and industry through a variety of agreements. Working groups are the grass-roots level of an extended decision-making structure within the organisation. Both the Yamatji and Pilbara regions have elected regional committees, which make decisions on policy and operations. At the heart of YMBBMAC is the Governing Committee, which is made up of members of the regional committees; six members of both committees join to form the 12-member Governing Committee, which provides the overall policy direction for the organisation. Working groups are a powerful voice for Aboriginal people to participate in decisions that affect them, their communities, and their country. They have proved their success over the past few years through their achievements in native title negotiations. They have also gained the trust and backing of Aboriginal communities who have acknowledged the value and genuineness of their representation.

Working groups maintain ongoing consultation and Lawyers and other consultants offer advice canvassing of the community or claimant group to a working group

Working Group WORKING GROUP ACTIVITES

A working group issues instructions based on the views of the community and the advice of consultants

22 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 FACILITATING AND ASSISTING NATIVE TITLE CLAIMS

The Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation works to provide its clients with the highest standard of services and representation in matters of native title and beyond. In doing this, it meets and exceeds its requirements as a native title representative body under the Native Title Act 1993, which requires it to: ◗ Research and prepare native title applications. ◗ Assist native title claimants in consultations, mediations, negotiations, and proceedings relating to native title. As part of its role as an NTRB, YMBBMAC must also make decisions about proposed native title claims. In doing this, it aims to make the fairest and most practical decision for a specific claim group as well as for other claimant groups it represents.

PROVIDING ASSISTANCE When determining whether, and to what extent, assistance will be provided to claimants, the YMBBMAC Governing Committee and the regional committees consider whether a proposed claim: ◗ Falls wholly or partly within YMBBMAC geographic jurisdiction. ◗ Is inclusive. In considering this, the organisation will need to determine whether a proposed claim is brought on behalf of all persons with native title interests in the land or waters in question. ◗ Is representative and whether the listed applicants are authorised by the broad native title group to seek the determination. ◗ Is the appropriate native title holding community. ◗ Is supported by the available anthropological and historical evidence. ◗ Is capable of meeting the requirements of the registration test administered by the Registrar of the National Native Title Tribunal (NNTT), in accordance with the conditions set out in the Native Title Act 1993.

YMBBMAC will not provide assistance to a new claim that overlaps an existing assisted claim without the consent of the existing claim. Once assistance is approved, YMBBMAC will assess its priorities which will, in turn, determine the direction of its activities. The type and level of assistance provided will be reviewed on an ongoing basis and will depend on a number of factors including: ◗ The need to comply with relevant Federal Court orders. ◗ The overall level of resources available to the organisation. ◗ The ranking assigned to each claim through the claim appraisal and review process.

Assistance provided by YMBBMAC may include financial support to meet, fully or partly, the following: ◗ Costs associated with claimant consultation and seeking instructions. This may include, where necessary, the cost involved in organising meetings; associated venue costs; claimant accommodation; and travel costs. ◗ Costs of legal representation and assistance – usually in-house but occasionally external – including assistance in the negotiation of future act matters. ◗ Cost of the ethnographic or historical research required to prepare a body of evidence for use in Federal Court proceedings or for the purpose of preparing a connection report. ◗ Any other assistance deemed reasonable or necessary.

It should be noted, however, that direct cash grants are not given to native title applicants.

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 23 ASSISTANCE WITH FILING NATIVE TITLE APPLICATIONS

IN THE YAMATJI REGION The Amangu and Budina claims were filed in the reporting period.

IN THE PILBARA The Yindjibarndi #1 claim was filed in the reporting period. Research and meetings were held to prepare the Ngarlawangka native title claim during the last quarter of the financial year. It is expected that the claim will be filed in the near future.

REPRESENTATION

YAMATJI REPRESENTATION PILBARA REPRESENTATION During the reporting period YMBBMAC provided representation to During the reporting period YMBBMAC provided the following the following registered claims in the Yamatji region: registered claims in the Pilbara region with representation: Name WC WAG Name WC WAG Number Number Number Number Amangu 04/02 6002/04 Birrimaya 95/060 6051/98 Badimia 96/98 6123/98 Gobawarrah Minduarra Yinhawanga 97/43 6173/98 Budina 04/5 131/04 Innawonga 98/69 6285/98 Gnulli 97/28 6161/98 Innawonga Bundima Niapaili 96/61 6096/98 Hutt River 00/01 6001/00 Jururru 00/008 007/00 Malgana 98/17 6236/98 Kariyarra 99/3 6169/98 Naaguja 97/73 6194/98 Kariyarra and Yinjibandi 95/053 6045/98 Nanda 00/03 6136/98 Kurama and Mathudenera 96/73 6090/98 Nganawongka Wadjari Ngarla 95/83 72/98 Martu Idja Bunjima 98/62 6278/98 Ngoonooru Wadjari 00/12 6033/98 Ngaluma Injibandi 99/14 6017/96 Thudgari 97/095 6212/98 Ngarla 99/26 6185/98 Wajarri Elders 01/03 6042/99 Ngarlawangka* – – Yugunga Nya 99/46 6132/98 Njamal 99/8 6028/98 Njamal #10 00/005 6003/00 Nyangumarta 98/65 6281/98 Is this period, YMBBMAC provided representation to the following Nyiyaparli 98/64 6280/98 determined native title holders in the Yamatji region: Palyku 99/16 6287/98 Name WC WAG Puutu Kurnti Kurrama Pinikura 01/005 6007/01 Number Number Warrarn 95/61 0082/98 Yinjibarndi #1 99/14 6017/96 Nganawongka Wadjari Ngarla 95/83 72/98 * Please note: the Ngarlawangka claim is yet to be filed

24 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 CERTIFICATION

As part of its role as a native title representative body, YMBBMAC is required to provide assistance with certification of native title claim determinations as well as regarding the certification of Indigenous land use agreement (ILUA) registrations. Specifically, its functions include to: ◗ Certify, in writing, applications for determination of native title relating to areas of land or waters, which are wholly or partly within the representative area. ◗ Apply for the registration of an ILUA which certifies that all the persons identified as having native title interests in the area have authorised the ILUA's making.

YMBBMAC has adopted a certification procedure in compliance with the Native Title Act – in particular, with section 202BE(2) of the Act. The conditions which must be met in order to achieve certification are that: ◗ All reasonable efforts have been made to ensure the application describes or otherwise identifies all the persons in the native title claim group. ◗ All persons in the native title claim group have authorised the application and the named applicant(s) to deal with matters arising from the application. ◗ All reasonable efforts to reach agreement with any overlapping claims have been made and the number of applications over an area of land or waters has been minimised. ◗ In the case of an ILUA, the application identifies every person who has native title interests in the relevant area. ◗ If the land or waters covered by the application are wholly or partly covered by one or more applications (including proposed applications), all reasonable efforts have been made to achieve agreement relating to native title over the land or waters between the persons for whom the applications are, or will be, made.

Native title applicants may appeal to the YMBBMAC Governing Committee to seek a review of a decision by the Executive Director if he or she has refused to certify an application for the determination of native title or the registration on an ILUA. The Native Title Act provides that an NTRB may exercise its certification function in relation to claims or Indigenous land use agreements that it does not normally represent. All new claims in the reporting period were certified, but no new ILUAs were certified during this time.

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 25 MEDIATION PROGRAMS

During the course of the reporting period, YMBBMAC and the State of Western Australia, with the assistance of the National Native Title Tribunal, finalised mediation programs for the following native title claims:

IN THE YAMATJI REGION Each of the mediation protocols specify a ◗ Badimia range of issues to be considered in the mediations, which include: ◗ Gnulli ◗ A program for dealing with overlaps (where ◗ Hutt River applicable). ◗ Malgana ◗ Establishing the involvement of other parties and a communication strategy. ◗ Naaguja ◗ Nanda ◗ The estimated timeframe for the production of connection reports. ◗ Ngoonooru Wadjari ◗ Agreement on timeframes for assessment of ◗ Taylor Group connection material by the State. ◗ Thudgari ◗ Timeframes for the provision of information on areas where sections 47 and 47A of the Native Title ◗ Wajarri Elders Act may apply. ◗ Yugunga Nya ◗ Timeframes for the provision of land tenure information. IN THE PILBARA REGION ◗ A program for agreeing, by consent as far as is ◗ Kariyarra possible, where extinguishment of native title has ◗ Ngarla occurred. ◗ Nyangamarta ◗ A process for third party minimisation. ◗ Nyiyaparli ◗ A program for agreeing, by consent as far as possible, the specific native title rights and interests ◗ Innawonga, Bunjima, Niapaili (IBN) extant in relation to particular tenures within the claim area. ◗ Martu Idja Banyjima (MIB) In broad terms, the mediation programs set out a timetable ◗ Innawonga for the negotiation of each claim. ◗ Jurruru ◗ Gobawarrah Minduarra Yinhawanga (GMY) ◗ Palyku ◗ Birrimaya ◗ Njamal ◗ Warrarn ◗ Kuruma Marthdunera ◗ Puutu Kunti Kurrana and Pinikura (PKKP)

26 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 DISPUTE RESOLUTION

YMBBMAC recognises that many disputes about native title and traditional ownership are long-standing. These disputes have often arisen as a direct consequence of past government policies (such as the removal of children and the forcible removal of people from their traditional lands to distant reserves and places of incarceration or forced labour); the violent seizure of traditional lands and the displacement of traditional owners by European colonisers; or by the effects of disease and starvation. Dispute resolution is an important feature of the operation of native title claim working groups. Working groups bring together individuals and sub-groups of the native title claimant community to work towards outcomes that will benefit the whole community of traditional owners for the area subject to a claim. As such, the working groups also provide a forum in which areas of disagreement and conflict can be identified and mediated in a supportive environment. The working groups also provide a means by which neighbouring native title claimant groups may address issues of uncertainty and disagreement (or identify opportunities for cooperation) with authority. In fulfilling its responsibilities as an NTRB, YMBBMAC complies with the required dispute resolution functions. In doing so, it: ◗ Assists in promoting agreement between its constituents in making native title applications or conducting consultations, mediations, negotiations, or proceedings about native title. ◗ Mediates between its constituents in making such applications or conducting such consultations, mediations, negotiations, or proceedings.

CENTRAL PILBARA MEDIATION STRATEGY Although YMBBMAC's dispute resolution was enlivened on numerous occasions, the largest scale example was afforded by the Central Pilbara Mediation Strategy.

BACKGROUND On April 30 and May 1, 2003, YMBBMAC organised a special educational forum in Paraburdoo for working group members and elders of the Puutu Kurnti Kurrama Pinikura, Innawonga, Gobawarrah Minduarra Yinhawanga, Innawonga Bunjima Niapaili, Martu Idja Bunjima, Jururru, Palyku, and Nyiyaparli claim groups in the Central Pilbara region. The forum provided up-to-date information about the recent Miruwung Gajerrong and Yorta Yorta High Court decisions. Representatives from the National Native Title Tribunal (NNTT) made presentations to the forum, and YMBBMAC staff conducted sessions on the role of research and connection reports, consent determinations, and the experience of going to trial. The forum was a resounding success with the attendees resolving to work in good faith to resolve all overlaps in the area.

ACHIEVEMENTS 2003/04 YMBBMAC organised six mediation meetings and three field trips between the various overlapping claims in the Central Pilbara during June and July 2003. YMBBMAC worked with the National Native Title Tribunal to facilitate these meetings. With the assistance of YMBBMAC staff, the working groups made considerable progress in resolving overlaps in the central Pilbara region. From July 2003 to June 2004, community meetings for the overlapping claims were held to obtain the necessary authorisations from the claim groups to make the agreed amendments to the claims. Some of these amendments have been made, with more to be made in the next six months.

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 27 PRESCRIBED BODIES CORPORATE

BACKGROUND The Jidi Jidi Aboriginal Corporation (JJAC) is the prescribed body corporate (PBC) for the Nharnuwangga Wajarri and Ngarla (NWN) claim. The YMBBMAC was instructed to recommence acting for the JJAC on February 18, 2002. An area Indigenous land use agreement (ILUA) that provides for an alternative process to the Native Title Act for exploration and mining, applies throughout the claim area. The JJAC is required to undertake a prescribed process to obtain heritage protection in areas where native title has not been extinguished. YMBBMAC successfully undertook negotiations with the Office of Native Title and the Department of Industry and Resources in relation to the publication of guidelines for the implementation of the ILUA. YMBBMAC also consulted with the Department of Indigenous Affairs in relation to the establishment of an electronic NWN heritage register, as required by the agreement. The State Government agreed to assist the JJAC to establish an office at Yulga Jinna. The YMBBMAC has been assisting the JJAC to prepare a quote in relation to the assistance required.

ACHIEVEMENTS IN 2003/04 In September 2003, YMBBMAC organised a training day with the JJAC in Meekatharra to assist NWN native title holders with the administration of the ILUA. The training day was also attended by a number of representatives of State Government agencies. Over the past twelve months YMBBMAC, with the assistance of the NNTT, has conducted PBC training workshops with Ngarluma Yindjibarndi, Kariyarra, Ngarla, and Nyangumarta native title claimant groups.

28 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 YAMATJI NATIVE TITLE CLAIMS: YLSC ACHIEVEMENTS 2003/04

NATIVE TITLE CLAIM: AMANGU Claim lawyer: Deen Potter Working group members: Clarrie Cameron Rodney Little Ildephonse Taylor Barry Dodd Donna Ronan Kevin James Taylor Raymond Edney Rob Ronan Wayne Warner Betty Forsyth Ronald Ronan Colin Whitby

Number of meetings: 4 Major activities/outcomes for working group: ◗ The Amangu claim originally started life as the Wilunyu claim, but at a meeting of claim group members in April 2003 it was agreed to amend the name to Amangu. This new name more accurately reflects the inclusive nature of the claim. ◗ The claim was formally lodged with the Federal Court on April 19, 2004. ◗ The final date for submissions to the National Native Title Tribunal in respect of the registration test is August 13, 2004. ◗ The claim extends over the greater Geraldton region – stretching south and east of Dongara. There are a number of overlapping claims, including Naaguga, Taylor, Franks, and Mullewa Wadjari.

NATIVE TITLE CLAIM: BADIMIA Claim lawyer: Raf Melerski Working group members: Theresa Bell Ray Gidgup Hazel Grace Little Ken Bynder Roderick Hedlam Victor John Little Edward Fogarty Lawrence Hodder Victor Thomas Little Gloria Fogarty Vince Jones Des Thompson Ollie George Wilma Lawson Frank Walsh Snr Percy George Albert Victor Little Frank Walsh Jnr Olive Gibson Des Little

Number of meetings: 3 Major activities/outcomes of working group: ◗ Mediation of overlaps – ◗ A significant development for the Badimia people was the withdrawal of the PanDawn claim. Sadly, Mr Niel Phillips passed away only five weeks after the withdrawal of his claim. ◗ Instructions were given to strike out the Widi mob claim. YLSC will attempt to achieve a resolution before the formal strike out action commences. ◗ Corporate development – ◗ YLSC has worked closely with Badimia, providing logistical support in dealing with the Indigenous Land Corporation. ◗ Future act negotiations – ◗ Numerous: they now being handled by Nathan Cammerman in Perth.

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 29 ◗ State Heritage Protection Agreement – ◗ Adopted by the working group but with the instruction that the YLSC-developed standard agreement is to be used in preference. ◗ Heritage surveys – ◗ Numerous: they now being handled by Nathan Cammerman in Perth. ◗ Research – ◗ Awaiting response from the State Government relating to the second connection report.

NATIVE TITLE CLAIM: BUDINA Claim lawyer: Raf Melerski Working group membership had not been established by July 31. As a result, no working group meetings had occurred during the reporting period. ◗ Corporate development – ◗ The Budina Claim was formally lodged with the Federal Court on June 18, 2004. The National Native Title Tribunal is to provide a final date for submissions for the registration test. ◗ Its first community meeting is to be held on August 17, 2004. ◗ Future acts – ◗ None pending. ◗ State Heritage Agreement – ◗ Will be presented at the first working group meeting for consideration.

NATIVE TITLE CLAIM: GNULLI Claim lawyer: Raf Melerski Working group members: Glenda Cooyou Syd Dale Rachael Wendy Mowarin Ron Crowe Raymond Edney Gwen Peck Sharon Crowe Mary Franklin Dorothy Anne Preest John Dale Ruby McIntosh Ben Roberts Number of meetings: 5 Major activities/outcomes of working group: ◗ Corporate development – ◗ Need to develop a Memorandum of Understanding with the Shire of Carnarvon established. ◗ Future acts – ◗ Straits Resources approached YLSC with their proposal for a major development project at the northern end of the Gnulli claim, extending into the Pilbara. Straits indicated that they wish to work closely with Gnulli to advance this project and ensure mutually beneficial gains. ◗ Proposed boating facility for Coral Bay. ◗ State Heritage Protection Agreement negotiations – ◗ Adopted by the working group, but with the instruction that the YLSC-developed standard agreement is to be used in preference.

30 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 ◗ Heritage surveys – ◗ A survey on the South Carnarvon surge wall and water treatment plant in Coral Bay was completed by Phil Haydock and Gnulli consultants. ◗ Research – ◗ Work on the connection report has been temporarily delayed.

NATIVE TITLE CLAIM: HUTT RIVER Claim lawyer: Raina Savage Working group members: Clive Councillor William “Willo” Mallard Shirley Poland Keith Councillor Norma McMahon Mary Tullock Lindsay Councillor Shirley McMahon Delveen Whitby William “Bill” Mallard Helen Nutter Lorraine Whitby

Number of meetings: 4 Major activities/outcomes of working group: ◗ Mediation of overlaps – ◗ Participation in ongoing mediation and negotiation with Naaguja and Amangu claim groups. ◗ Corporate development – ◗ Instructions taken to obtain external legal advice regarding the establishment of a trust and body corporate. ◗ Future act negotiations – ◗ Participated in, and completed, negotiations with Victoria Diamond and Grange Court regarding the granting of a petroleum exploration permit. ◗ Heritage Protection Agreement negotiations – ◗ Presentation of, and instructions taken regarding, regional heritage protection. ◗ Negotiations regarding minor future act applications. ◗ Heritage and cultural development – ◗ Participation in AIATSIS rock art project. ◗ Research – ◗ Research conducted regarding claim group description.

NATIVE TITLE CLAIM: MALGANA Claim lawyer: Deen Potter Working group members: Ben Bellottie Glen Hoult Mona-Jessie Oakley Dianne Bellottie Bobby Hoult Richard Oakley Rod Bellottie Greg Mallard Cynthia Ugle Roy Bellottie Margo Mallard Delveen Whitby Ada Fossa Bobby Oakley Albert Darby Winder Sharon Gosper Marion Oakley Reginald Winder

Number of meetings: 2

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 31 Major activities/ outcomes for working group: ◗ At the time of writing, the Malgana Claim group was due to hold their annual community meeting. ◗ The most significant item for discussion at this meeting was the redrawing of the claim's eastern boundary to resolve an overlap with the Wajarri Elders to which in-principal agreement has been reached. ◗ The working group will also consider adoption of the State Heritage Agreement. ◗ Negotiation of the Cape Inscription ILUA with the Shire of Shark Bay and DPI. ◗ Monkey Mia Dolphin Resort proposes significant extension of the resort, thereby invoking procedures of the previously negotiated agreement between Malgana, the Shire, DPI and the resort.

NATIVE TITLE CLAIM: NAAGUJA Claim lawyer: Raina Savage Working group members: Edna Corbett Ronald Councillor Shirley McMahon Clive Councillor Ross Edward Councillor Doyen Radcliffe Lindsay Councillor Phillip Curley Terina Radcliffe Nikki Councillor Elaine Gamble Yvonne Radcliffe

Number of meetings: 4 Major activities/outcomes of working group: ◗ Mediation of overlaps – ◗ Participated in mediation with Wilunyu/Amangu group and consented to the overlap of the new claim. ◗ Ongoing participation in mediation and negotiations with Hutt River and Amangu. ◗ Future act negotiations – ◗ Completion of negotiations for petroleum exploration permit with Victoria Diamond and Grange Court. ◗ Participation in negotiations for petroleum exploration permit with Gulliver Productions. ◗ Ongoing participation in negotiations for petroleum exploration permit with ARC Energy. ◗ Ongoing negotiations in relation to the Southgates Dunes Development. ◗ Heritage and cultural development – ◗ Negotiation with Museum of WA regarding the return of skeletal remains. ◗ Participation in AIATSIS Rock Art Project. ◗ Provision of cultural material for coastcare project. ◗ Participation in 'welcome to country' ceremonies. ◗ Participation in Indigenous tourism projects. ◗ Heritage surveys – ◗ Geraldton Hospital Redevelopment – survey and monitoring. ◗ Southern Transport Corridor – survey and monitoring. ◗ Heritage surveys: Caravan Park Development; Windfarm; petroleum exploration permit. ◗ Western Power – monitoring. ◗ Various other surveys. ◗ Research – ◗ Meeting with external researcher regarding provision of historical material. ◗ Initial research into claim group description.

32 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 NATIVE TITLE CLAIM: NANDA Claim lawyer: Helen Lawrence Working group members: Violet Drury William “Bill” Mallard Leanne Hazel Randall Noel “Oldie” Kelly Iris Mallard-Nutter June Ruffin Steven Kelly Gwen Mitchell Mary Tullock Clive Edward Mallard Shirley Poland Lorraine Whitby

Number of meetings: 3 Major activities/outcomes for working group: ◗ Aboriginal heritage survey conducted over Murchison House Station Power line easement in July 2003. ◗ Negotiations with Gunson Resources in relation to the mining of mineral sands which resulted in an in-principle agreement being reached in May 2004. ◗ Ongoing discussions with CALM in relation to the Kalbarri National Park Management Plan. ◗ Agreement to conduct heritage surveys in the Kalbarri National Park to enable the upgrading of various walk trails and tourist infrastructure. ◗ A formal handover for future conduct of this claim to Deen Potter is due to occur in mid-August 2004.

NATIVE TITLE CLAIM: NGOONOORU WADJARI Claim lawyer: Raina Savage Working group members: Adrian Baumgarten Maitland Gilla Pam Mongoo Rochelle Baumgarten Robert Ginger Marjorie Mourambine Rose Budd Josie Green Kevin Walley Gordon Graser Helen Lane Lily Walley

Number of meetings: 2 Major activities/outcomes of working group: ◗ Mediation of Overlaps ◗ Completion of field work and research resulted in the decision to combine the claim with Wajarri Elders, thus removing the overlap. ◗ Corporate development – ◗ Instructions taken regarding establishment of Ngoonooru Wadjari People's Trust – ongoing. ◗ Future act negotiations – ◗ Negotiation and finalisation of major future act agreement with St Barbara Mines. ◗ Heritage Protection Agreement negotiations – ◗ Participated in mediation with NNTT regarding several minor future act agreements. ◗ Heritage surveys – ◗ Participated in numerous ethnographic and archaeological heritage surveys. ◗ Research – ◗ Research and fieldwork was completed regarding the connection to the overlap area and the relationship with the Wajarri Elders claim group as a precedent to instructions regarding the combination.

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 33 NATIVE TITLE CLAIM: THUDGARI Claim lawyer: Raf Melerski Working group members: Maureen Dodd Charlie Lapthorne Edward John Randall Ronnie Dodd Rose Lapthorne Ben Roberts May Kimberly Wayne Lapthorne Phil Roberts Arnold Lapthorne Bella Randall Peter Salmon

Number of meetings: 2 Major activities/outcomes for working group: ◗ Mediation of overlaps – ◗ Overlap with Thalanji still to be resolved. ◗ State Heritage Protection Agreement – ◗ SHA to be presented to working group for consideration in August 2004. ◗ Research – ◗ The finalisation of the connection report has been delayed due to the ill health of the consultant anthropologist. The State and the NNTT have been notified of this unforeseen circumstance and YLSC will make formal application to the Federal Court for an extension of time to file the connection report.

NATIVE TITLE CLAIM: WAJARRI ELDERS Claim lawyer: Raina Savage Working group members: Robin Boddington Raymond Lockyer Ron Simpson Colin Hamlett Len Merry Timothy Simpson David George Jones Joyce Roberts Charlie Snowball Snr Muriel Little Ike Simpson Monty Walgar Number of meetings: 3 Major activities/outcomes of working group: ◗ Mediation and resolution of overlaps – ◗ Malgana claim: following a field trip and research, Malgana has agreed to withdraw their boundary. ◗ Mediation and resolution of overlap with Ngoonooru Wadjari claim: both claims have agreed to combine their claim to form a single “Wajarri Yamatji” claim. ◗ Pandawn successful strike out.

◗ Corporate development – ◗ Establishment of Wajarri Yamatji Aboriginal Corporation. ◗ Establishment of Wajarri People's Trust. ◗ Negotiation of heritage protection agreements – ◗ Participated in ongoing negotiations with Western Mining Corporation. ◗ Consideration and acceptance of the Regional Heritage Agreement. ◗ Heritage and cultural development – ◗ Ongoing discussion with the Department for Indigenous Affairs, the Shire of Cue, and other stakeholders resulting in the establishment of a heritage steering committee for Wilgie Mia and Walga Rock. ◗ AIATSIS Rock Art Project – discussions regarding protocols for access to sites.

34 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 ◗ Heritage surveys – ◗ Numerous heritage surveys in relation to minor future acts or developments were conducted to ensure compliance with the Aboriginal Heritage Act, including surveys with Big Bell, Western Power, Platinum Australia, Mt Gibson Mining, and others. ◗ Research – ◗ Completion of fieldwork and research into the Malgana overlap. ◗ Completion of fieldwork and research regarding the Ngoonooru Wadjari overlap. ◗ Ongoing research regarding the claim group description. ◗ Completion of background ethno-historical research for connection report.

NATIVE TITLE CLAIM: YUGUNGA NYA Claim lawyer: Raina Savage Working group members: Mavis Curley Richard Kyanga Vivian Shar Alison Gentle Elizabeth Little Billy Shay Winifred Gentle Hazel Little Rex Shay Evelyn Gilla Marlene Shar Ron Eric Shay

Number of meetings: 4 Major activities/outcomes of working group: ◗ Mediation of overlaps – ◗ This claim has now been prioritised due to the effect of overlaps with Goldfields claims in trial. ◗ Ongoing liaison with Goldfields Land and Sea Council regarding mediation of overlap. ◗ Initial claim group research commenced. ◗ Request for assistance from NNTT regarding mediation. ◗ Corporate development – ◗ Establishment of Yugunga-Nya's People's Trust. ◗ Future act negotiations – ◗ Completion of major future act negotiations with St Barbara Mines. ◗ Ongoing negotiations with two other mining lease applications. ◗ Heritage protection agreement negotiations – ◗ Instructions taken regarding regional heritage agreement. ◗ Completion of HPA negotiations with Magellan Metals. ◗ Participate in NNTT mediation of several HPAs. ◗ Heritage and cultural development – ◗ Referral of Three Sisters Site to DIA for registration. ◗ Ongoing discussions with DPI and the Shire of Cue regarding Garden Granite Rock. ◗ Heritage surveys – ◗ Participated in numerous ethnographic and archaeological heritage surveys. ◗ Research – ◗ Initial research commenced into claim group description as preliminary to connection report preparation.

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 35 PILBARA NATIVE TITLE CLAIMS: PNTS ACHIEVEMENTS 2003/04

NATIVE TITLE CLAIM: BIRRIMAYA Lawyer: Victoria Wetherby Working group members: Biddy Bunwarrie Lindsay Ginger Dennis Thomas Kevin Fred Kim Jack Kenny Thomas Frank French Polly Jack Lola Walker Grey Gardiner Bruce Thomas Bill Williams

Number of meetings: 2 Major activities/ outcomes of the working group: ◗ Ongoing mediation in regard to overlaps with Njamal. ◗ Various pending negotiations.

NATIVE TITLE CLAIM: GOBAWARRAH MINDUARRA YINHAWANGA Lawyer: Michael Ryan Working group members: Arthur Flatfoot Gloria Smith Roy Tommy Eric Galby Beverley Taylor Gladys Walker Jumbo Giggles Julie Tommy Peter Walker Alloway Smirke Kirsten Tommy Nathaniel Smirke Robin Tommy

Number of meetings: 5 Major activities/outcomes of working group: ◗ Briefing in relation to the State Government's connection report guidelines. ◗ Meetings and field trips in relation to traditional Yinhawanga boundaries. ◗ Joint meetings with Innawonga working group. ◗ Involvement with Central Negotiation Committee discussions with Rio Tinto. ◗ Formation of negotiation team for major negotiations with Rio Tinto. ◗ Consideration of numerous heritage matters.

NATIVE TITLE CLAIM: INNAWONGA Lawyer: Jeremy Ryan Working group members: Jason Coffin Nicola Cook Kenneth Injie Dulcie Condon Colin Cooke Doreen James Brendon Cook Darren Injie Rhonda Parker Nicholas Cook Joyce Injie Lola Young

Number of meetings: 6 Major activities/outcomes of working group: ◗ Briefing in relation to the State Government's connection report guidelines. ◗ Meetings and field trips in relation to traditional Yinhawanga boundaries.

36 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 ◗ Joint meetings with Innawonga working group. ◗ Involvement with Central Negotiation Committee discussions with Rio Tinto. ◗ Formation of negotiation team for major negotiations with Rio Tinto. ◗ Consideration of numerous heritage matters.

NATIVE TITLE CLAIM: INNOWONGA BUNJIMA NIAPAILI (IBN) Lawyer: Helen Lawrence Working group members: Jason Coffin Nicola Cook Kenneth Injie Dulcie Condon Colin Cooke Doreen James Brendon Cook Darren Injie Rhonda Parker Nicholas Cook Joyce Injie Lola Young

Number of meetings: 3 Major activities/ outcomes of the working group: ◗ November 22 – native title claimant community meeting held in Tom Price. ◗ February 5 – amendments made to the claim. ◗ Ongoing mediation in regard to the overlap with Eastern Guruma. ◗ Ongoing discussion with Hope Downs in relation to heritage surveys and a negotiation protocol. ◗ June 16–17 – field trip with claimants. ◗ Various heritage surveys conducted.

NATIVE TITLE CLAIM: JURRURU Lawyer: Michael Ryan Working group members: The entire claim group is involved in group meetings. Number of meetings: 3 Major activities/ outcomes of the working group: ◗ Endorsement of Standard Heritage Agreement for use in relation to exploration licence applications in the claim area. ◗ Consideration of heritage matters arising in relation to the claim area. ◗ Incorporation of Jurruru Aboriginal Corporation. ◗ Undertaking preparatory work in relation to an Indigenous Land Corporation acquisition application. ◗ Consideration of traditional boundaries and the need for further research in relation to unclaimed areas adjacent to the Jurruru native title claim.

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 37 NATIVE TITLE CLAIM: KARIYARRA Lawyer: Victoria Wetherby Working group members: Alfred Barker Karen Kelly Kevin Stewart Archie Captain Irene Roberts Les Stevens Cyril Gordon Teddy Roberts Elise Williams Junior Gordon Diana Robinson Norton Williams Raylene Gordon Kerry Robinson

Number of meetings: 10 Major activities/ outcomes of the working group: ◗ Connection report submitted to the Office of Native Title on April 30, 2004. ◗ Ongoing discussions with the Department of Planning and Infrastructure and the Department of Industry and Resources, with regard to the Boodarie Strategic Industrial Estate. ◗ Ongoing discussions with the Town of Port Hedland, regarding the proposed Indigenous Land Use Agreement. ◗ Ongoing discussion with the Water Corporation on the Yule River bore fields. ◗ Ongoing discussion with Fortescue Metals Group concerning proposed railway and related corridor. ◗ Ongoing discussion with Hope Downs Management Services with regard to proposed railway and related corridor. ◗ Ongoing discussion with Sons of Gwalia. ◗ Various heritage surveys conducted.

NATIVE TITLE CLAIM: KARIYARRA & YINDJIBARNDI Lawyer: Victoria Wetherby Working group members: Fred Bradman Clayton Michaels Susie Rowland Joseph Bung Gordon Pontoroy Norton Williams Sharon Hale

Number of meetings: 1 Major activities/ outcomes of the working group: ◗ Ongoing mediation in regard to overlaps with Kariyarra, Palyku, and Njamal. ◗ Various pending negotiations.

NATIVE TITLE CLAIM: KURUMA MARTHUDUNERA Lawyer: Michael Ryan Working group members: Donny Alexander Roy Evans Jean Lockyer Red Alexander Neil Finlay Mark Lockyer Brendan Bobby Cyril Lockyer Anne Wally Georgina Bobby Gloria Lockyer Ian Wally Leanne Evans

Number of meetings: 6

38 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 Major activities/ outcomes of the working group: ◗ Consideration of application by Joongnardhi Aboriginal Corporation for a perpetual lease in Kuruma Marthudunera country for the benefit of Kuruma Mathudunera people. ◗ Involvement with Central Negotiation Committee discussions with Rio Tinto. ◗ Formation of negotiation team for major negotiations with Rio Tinto. ◗ Consideration of numerous heritage matters.

NATIVE TITLE CLAIM: MARTU IDJA BUNJIMA Lawyer: Victoria Wetherby Working group members: Kimsey Coffin Johnny Parker Suzanne Parker Elizabeth Dowton Maitland Parker Travis Parker Dawn Hicks Margaret Parker Trevor Parker Brendan Parker Marjorie Parker Guy Parker Rex Parker

Number of meetings: 8 Major activities/ outcomes of the working group: ◗ Discussion as to research priorities. ◗ Meeting with the Yindjibarndi to discuss northern boundary of MIB. ◗ Resolution of MIB and Nyiyaparli boundary. ◗ Various heritage surveys conducted.

NATIVE TITLE CLAIM: NGARLA Lawyer: Jeremy Ryan Working group members: Alexander Brown Nora Cooke David Lee Larissa Brown Edna Coppin Tania Lee Lena Brown Joe Coppin Nancy Lena Turner Colletta Cooke Brenda Lee Robert Turner

Number of meetings: 14 Major activities/ outcomes of the working group: ◗ Ngarla connection report submitted to the Office of Native Title on October 24, 2003. ◗ Ongoing discussion with BHP Billiton in relation to miscellaneous licence applications. ◗ Ongoing discussion with the Water Corporation regarding the DeGrey bore field. ◗ Various heritage surveys conducted. ◗ Meeting with representatives from the Museum of Western Australia and Wangka Maya about skeletal remains. ◗ Consent determinations entered for a number of exploration licence applications that had attracted the right to negotiate. ◗ Proofs taken concerning preservation evidence from two key elders. ◗ Field trips conducted to determine the Ngarla/ Njamal/ Kariyarra boundary.

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 39 NATIVE TITLE CLAIM: NGARLUMA Lawyer: Michael Ryan Working group members: Keith Churnside Gary Daniel Brenda Simmons Rex Churnside Les Hicks Trevor Solomon Robyne Churnside Pansy Hicks Geoff Togo Nellie Connors Arnold Lockyer David Walker

Number of meetings: 4 Major activities/ outcomes of the working group: ◗ Federal Court decision, July 3, 2003 – Ngarluma people's native title rights and interests in Ngarluma country recognised. ◗ Received advice and gave instructions in relation to the finalisation of outstanding issues arising from the Federal Court decision. ◗ Implementation of Burrup native title agreement. ◗ Consideration of numerous heritage matters. ◗ Since February 2004, YMBBMAC has represented the Ngarluma people only in relation to the finalisation of their native title claim.

NATIVE TITLE CLAIM: NJAMAL Lawyer: Christina Araujo Working group members: Kevin Allen Kevin Geary Tony Taylor Teddy Allen Alice Mitchell Elaine Tink Morris Coppin Biddy Norman Terry Wilson Peter Coppin Gavin Snook Doris Eaton Jane Taylor

Number of meetings: 14 Major activities/ outcomes of the working group: ◗ Participation in discussions with Warrarn, Birrimaya, and Kariyarra about the resolution of overlaps. ◗ Ongoing conduct of, and participation in, field work and research regarding boundaries of the claim. ◗ Conduct of, and participation in, research with regards to an apical ancestor claim group description. ◗ Community meetings held resulting in the Nyamal community providing instructions for the amendment of the Nyamal claim, including: lodgement of a new Form 1; updating the claim group description; removing and adding applicants; and, significantly, the removal of overlaps from the Palyku, Ngarla, and Nyiyaparli claims. Amendments are to be filed in the Federal Court in the next reporting period. ◗ Community instructions to commence regarding the taking of evidence from elders in the Nyamal claim. ◗ The State Heritage Agreement was presented to the working group and adopted with the instructions that the YMBBMAC-developed standard agreement is to be used in preference. ◗ Numerous heritage surveys conducted. ◗ Negotiations with CML concluded and the Nyamal community authorised the applicants to sign the agreement. ◗ Negotiations with BHP over mining leases and miscellaneous licences in relation to their Yarrie/Nimingarra mine commenced and are ongoing. ◗ Numerous minor future act dealings including DPI notices. ◗ Participation in business development workshops.

40 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 NATIVE TITLE CLAIM: NYANGUMARTA Lawyer: Victoria Wetherby Working group members: Winnie Coppin Darcy Hunter Janet Stewart Wooda Davis Biddy Linmurru Bruce Thomas Susie Gilbert Margaret Rose Captain Wilson Alma Grey Ada Stewart

Number of meetings: 4 Major activities/ outcomes of the working group: ◗ Continuing work on the connection report. ◗ Agreement reached by the Nyangumarta people to withdraw as a respondent to the Karajarri native title claim. ◗ Application submitted to ATSIS at the end of June regarding infrastructure being established on the Wallal Downs Reserve. ◗ Agreement reached with Gulliver Productions Pty. Ltd., Maneroo Oil Company Limited, and Indigo Oil Pty. Ltd. on a number of exploration licences.

NATIVE TITLE CLAIM: NYIYAPARLI Lawyer: Victoria Wetherby Working group members: Bruce Bung Victor Parker Bonny Tucker Billy Cadigan Brian Samson Charles Tucker Baker Lane David Stock Gordon Yuline Natalie Parker Brian Tucker Kimmy Yuline

Number of meetings: 5 Major activities/ outcomes of the working group: ◗ Resolution on the Nyiyaparli and Martu Idja Banyjima boundary. ◗ Research began into the Palyku people and their relationship with the Nyiyaparli people. ◗ Ongoing discussions and extensive heritage surveys being progressed with FMG concerning proposed railway and related corridor and work program. ◗ Ongoing discussion with Hope Downs with regard to proposed railway and related corridor.

NATIVE TITLE CLAIM: PALYKU Lawyer: Victoria Wetherby Working group members: Pixi Christian Cheryl MacKay Walter Stream Elsa Derschow Gladys Milroy Dudley Wabbie Peter Jaffrey Florrie Sam Cheryl Yuline Terry Jaffrey Charmaine Sinclair Lindsay Yuline

Number of meetings: 3

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 41 Major activities/ outcomes of the working group: ◗ Research commenced into the Palyku people and their relationship with Nyiyaparli people. ◗ Internal discussions on the boundary with Kariyarra. ◗ Ongoing discussions with FMG about proposed railway and related corridor. ◗ Ongoing discussions with BHP Billiton regarding proposed sidings to existing railway. ◗ Ongoing discussions with Wedgetail Exploration NL in regard to a work program near the boundary with Njamal country.

NATIVE TITLE CLAIM: PUUTU KURNTI KURRAMA PINIKURA

Lawyer: Michael Ryan Working group members: John Ashburton Chloe Hayes Lily McKay Tanya Ashburton Sandra Hayes Robert McKay Claude Butler Darryl Hughes Donna Meyer Angie Cox Doris Hughes Toby Smirke Maurice Daublin Margie Hughes Selina Stewart Maudie Dowton Susan Hughes Tony Stewart Maggie Drage Peter Jeffries

Number of meetings: 5 Major activities/ outcomes of the working group: ◗ Authorisation of applicants for new native title claim incorporating extent of PKKP traditional country. ◗ Correspondence with National Native Title Tribunal and Thalanyji native title claimants about traditional PKKP boundaries. ◗ Endorsement of Standard Heritage Agreement for use in relation to exploration licence applications in the claim area. ◗ Involvement with Central Negotiation Committee discussions with Rio Tinto. ◗ Formation of negotiation team for major negotiations with Rio Tinto. ◗ Consideration of numerous heritage matters.

NATIVE TITLE CLAIM: WARRARN

Lawyer: Victoria Wetherby Working group members: Biddy Bunwarrie Lindsay Ginger Dennis Thomas Kevin Fred Kim Jack Kenny Thomas Frank French Polly Jack Lola Walker Grey Gardiner Bruce Thomas Bill Williams

Number of meetings: 2 Major activities/ outcomes of the working group: ◗ Ongoing mediation in regard to overlaps with Njamal. ◗ Various pending negotiations.

42 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 NATIVE TITLE CLAIM: YINDJIBARNDI Lawyer: Michael Ryan Working group members: Cherry Cheedy Joyce Hubert Jill Tucker Lyn Cheedy Ashley James Bridget Warrie Jimmy Horace Maudie Jerrold Bruce Woodley Jenny Hubert Dora Solomon Michael Woodley

Number of meetings: 7 Major activities/ outcomes of the working group: ◗ Federal Court decision, July 3, 2003 – Yindjibarndi people's native title rights and interests in Yindjibarndi country recognised. ◗ Received advice and gave instructions in relation to the finalisation of outstanding issues arising from the Federal Court decision. ◗ Yindjibarndi prescribed body corporate incorporated and nominated to the Federal Court. ◗ New Yindjibarndi native title claim registered by the National Native Title Tribunal with the full range of native title rights and interests. ◗ Consideration of Eastern Guruma ILUA and its implications for Yindjibarndi people. ◗ Ongoing discussions with CALM in relation to Yindjibarndi involvement in Millstream-Chichester National Park, including draft plan of management. ◗ Consultation with Water Corporation regarding their activities in the West Pilbara, generally, and Yindjibarndi, particularly. ◗ Involvement with Central Negotiation Committee discussions with Rio Tinto. ◗ Endorsement of Standard Heritage Agreement for use in relation to exploration licence applications in the claim area.

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 43 NOTIFICATION AND AGREEMENT-MAKING

A large part of the representative work that YMBBMAC does on behalf of its clients is in the area of future acts – that is, with regard to any act, which will, if conducted, affect native title. The organisation works to help ensure that the interests and rights of its constituents are protected in the processing of all future acts. The Native Title Act 1993(NTA) requires NTRBs to ensure, as far as reasonably practicable, that notices about such future acts are brought to the attention of native title holders and claimants. Notices received by YMBBMAC usually concern plans by a resource developer or other potential land user to undertake an activity that may affect native title rights and interests. These notices are most commonly issued under section 29 of the NTA. Of the future acts matters which involved participation by the National Native Title Tribunal during the period, YMBBMAC provided almost 70 per cent of the Indigenous representation that occurred across the State.

TOTAL REGIONAL FUTURE ACT WORKLOAD (ACTIVE) ASSOCIATED WITH CLAIMS

Region Objection s31.3 s150 Mediation Future Act Total % of Mediation Mediation Determination Total Workload Yamatji 250 72 1 3 261 38.1% Pilbara 2031 3º 2 23 210 30.7% Goldfields 127* 19*** 0 3** 149 21.8% Kimberley 19 5 2 2 28 4.1% South West 14 8 0 0 22 3.2% Ngaanyatjarra 11 1 2 1 15 2.2% Total 624 43 7 11 685

16 objection matters not represented by PNTS 2 2 s 31 mediation matters not represented by YLSC 3 1 s 35 FADA matter not represented by PNTS º 1 s 31 mediation matter not represented by PNTS * nil objection matters represented by GLSC ** 2 s 35 FADA matters not represented by GLSC *** 15 s 31 mediation matters not represented by GLSC Provided by the National Native Title Tribunal

WHAT IS A FUTURE ACT?

A future act is a proposed activity or development which will, if conducted, affect native title. One effect could be that native title is extinguished as a result of a proposed activity; another is that a proposed event would not fully allow the continued existence, enjoyment, or exercise of native title. Future acts can be as varied as an upgrade of an existing lease or the compulsory acquisition of native title. It can also apply to the granting of mining or exploration rights. In accordance with the Native Title Act, future acts determine what activity may proceed over native title land or water and on what conditions.

44 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 EXPEDITED PROCEDURES

The most common notices under the NTA are 'expedited procedure' notices. In such notices the State Government asserts that native title will not be affected by the proposed interest because they consider the act to be of low impact. State Government policy asserts that the expedited procedure applies to all exploration and prospecting tenement application in WA, irrespective of their size, location and nature. There are standing instructions to lodge objections to the application of the expedited procedure, in the absence of a heritage protection agreement, for all native title claims represented by YMBBMAC. This is done on the basis that the conditions of section 237 of the Native Title Act 1993 are not met. During the reporting period, YMBBMAC lodged about 60 per cent of all expedited procedure objections in the State and has, to date, resolved close to 30 per cent of these by agreement. It is expected that the remaining matters will be resolved by agreement in the next reporting period. In addition, the number of objections lodged is expected to reduce in the coming year due to a new State Government policy requiring Aboriginal heritage protection agreements to be entered into before tenements are advertised under the expedited procedure.

FINANCIAL YEAR 2003-1004 REGIONAL OBJECTION WORKLOAD ASSOCIATED WITH CLAIMS

Region Active % Finalised % Total % Yamatji 250 40% 92 17% 342 29% Pilbara 203 33% 128 23% 331 28% Goldfields 127 20% 135 24% 262 22% Kimberley 19 3% 9 2% 28 2% South West 14 2% 153 28% 167 14% Ngaanyatjarra 11 2% 38 7% 49 4% Total 624 555 1179

24 of 128 not represented by PNTS

2 of 135 represented by GLSC

48 of 153 not accepted

Provided by the National Native Title Tribunal

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 45 ADDITIONAL FUTURE ACT APPLICATIONS

Other future act applications under the Native Title Act 1993(NTA) relate to the grant of mining, miscellaneous or general-purpose leases, or to compulsory acquisitions under the Land Administration Act 1997. These notices are most commonly issued under sections 24 or 29 of the NTA.

YMBBMAC AGREEMENT MAKING Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation works to ensure the best outcomes for its members and claimants. The organisation recognises the importance of reaching the right agreements as efficiently as possible. As a result, it prefers to negotiate outcomes rather than locking horns through litigation – which slows the process, wastes resources, and rarely delivers the best results for claimants. This approach applies to all representation that YMBBMAC offers on behalf of its members, including its work on native title determinations, future act negotiations, and broader service-delivery discussions. YMBBMAC's commitment to maintaining a constant openness to dialogue – whether in discussing new ideas, different perspectives, or in the face of antagonism – has been a central factor in determining its success and good standing with the communities it represents and in the broader environment. In undertaking YMBBMAC's agreement making function, claim working groups have a central role in ensuring effective consultation with native title holders and claimants. The organisation's procedures for negotiating agreements are: ◗ Working groups representing the applicants and the native title community overseeing the process. ◗ Where appropriate, the appointment of smaller negotiating teams. ◗ Adequate in-house legal advice and representation to be available during the negotiations. ◗ Where necessary, community meetings to ratify decisions of the working group or negotiating team. ◗ Execution of formal agreements will be by the applicants who are formally authorised by the claimant group to execute such agreements under the NTA.

INDIGENOUS LAND USE AGREEMENTS A native title representative body is required under section 203BH of the NTA to be a party to Indigenous land use agreements (ILUAs). ILUAs are voluntary agreements between native title applicants (or determined native title holders) and others about the use and management of land or waters. YMBBMAC is required to consult with, and consider the interests of, all people who hold or may hold native title in relation to land and waters in an area subject to an ILUA.

MEMORANDUM OF UNDERSTANDING: YMBBMAC AND THE DEPARTMENT OF PLANNING AND INFRASTRUCTURE YMBBMAC has negotiated a memorandum of understanding (MOU) with the WA Department of Planning and Infrastructure (DPI) that recognises the positive relationship between the two parties. The MOV provides a mechanism by which YMBBMAC and DPI can meet and work cooperatively to address their common concerns. Both parties are committed to the process of resolving native title and heritage issues within the Geraldton and Pilbara regions in a cooperative, orderly, cost effective, and timely manner. The MOU has established a committee that meets at least quarterly to discuss these matters.

46 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 THE STANDARD HERITAGE AGREEMENT

Following recommendations from the Technical Taskforce on Mineral Tenements, the Western Australian Government, the Department of Industry and Resources (DOIR), has amended its policy towards the processing of exploration and prospecting licence applications through the expedited processes of the NTA. This is now done on the basis that licence applicants, including mining companies and prospectors, must first be prepared to enter into an agreement with the relevant claimant group affected by the application before it is advertised under the expedited procedure of the NTA. It is now the case that tenements are not advertised under the expedited procedure until DOIR has received legal confirmation that a heritage agreement has been entered into between the grantee party and the relevant claimant group. According to the new policy, the grantee has the option of either entering into the negotiated Standard Heritage Agreement (SHA) or into an alternative heritage agreement. In most cases, this alternative agreement will be YMBBMAC's previous standard heritage agreement, for which there are standing instructions from all claim groups represented by the YMBBMAC. According to the new policy, if a tenement applicant declines to enter into a heritage agreement the application will not be advertised under the expedited procedure but will be processed under the right to negotiate process of the NTA.

(a) THE NEGOTIATED STANDARD HERITAGE AGREEMENT As a result of negotiations dating back to 2002 between the Western Australian Government, industry groups, and YMBBMAC, agreement was reached on the organisation's SHA. The agreement allows DOIR to process exploration and prospecting licence applications under the expedited procedure and also ensures that proponents protect Aboriginal heritage by undertaking heritage surveys where necessary. This ensures that proponents entering into the agreement will not only comply with the Aboriginal Heritage Act 1972, but will also ensure that the heritage rights and interests of the native title claimants are recognised and protected.

(b) HERITAGE SURVEYS UNDER THE PREVIOUS HERITAGE AGREEMENT AND THE SHA Heritage protection surveys will generally be undertaken by an agreed number of nominated traditional owners, accompanied by a YMBBMAC anthropologist or consultant to record and document the survey and prepare a clearance report. YMBBMAC field officers may also attend a survey to assist in travel and camping arrangements as well as reporting information. Material from heritage surveys may also contribute to the body of research used on applications for a determination of native title.

(c) THE ROLL-OUT PROCESS FOR THE SHA The Yamatji Regional Committee and the Pilbara Regional Committee of the YMBBMAC endorsed the use of the draft SHA at their respective meetings held on September 15 and 29, 2003. The endorsement was made on the understanding that the draft agreement represents the minimum standard that the committees are prepared to accept. When negotiations between the State, industry groups, and YMBBMAC were finalised, a 'roll-out' process was agreed and implemented with the assistance of the NNTT. The purpose of this 'roll-out' was to present the new SHA to each claimant group for their consideration and to obtain instructions. To date, this process of informing the groups as to the workings and effect of the SHA and then taking instructions as to whether it is to be used for tenement applications in that region, has been successful. Of all the groups the SHA has been presented to, there has been none which has declined the use of the SHA. Of the 18 groups covered at the end of the reporting period, 15 have agreed to the use of the SHA and three have reserved their decision until the next working group meeting. There remain nine groups who are yet to have the SHA presented to them. It is anticipated that the roll-out process will be completed before the end of 2004.

(d) WHERE TO FROM HERE? The SHA does not amend the future act process. Individual claimant groups are still able to lodge objections to the application of the expedited procedure under the future act provisions of the NTA, or continue to seek alternative arrangements with proponents to achieve best practice agreements. However, the need for YMBBMAC to lodge objections to the grant of exploration and/or prospecting titles in order to protect heritage on behalf of the claimant groups is now being reduced to specific instances from time to time.

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 47 YMBBMAC NEGOTIATED AGREEMENTS

ST BARBARA MINES AGREEMENT WITH NGOONOORU WADJARI AND YUGUNGA-NYA PEOPLES

The agreement signed by the Ngoonooru Wadjari people, the Yugunga-Nya people, and St Barbara Mines Ltd on June 4, 2004, includes benefits such as health programs; educational opportunities; employment provision; and economic development. The agreement covers the Ngoonooru Wadjari and Yugunga-Nya traditional country in the Murchison Goldfields of Western Australia. This area includes the St Barbara Mines gold mining operations located 14 kilometres south of Meekatharra where, historically, 120,000 ounces of gold are produced each year. Under the agreement, the traditional owners have consented to the use of the land for present as well as future mining exploration and development. St Barbara Mines has committed to making the most of employment opportunities for traditional owners in its mining operations by adopting a pro-active training and employment policy. The company has also agreed to appoint an Aboriginal liaison officer. The agreement also recognises the significance of the land to Aboriginal people by identifying the need for ongoing heritage protection. The company has committed to working with the traditional owners to ensure that heritage concerns are addressed in future mining developments. Additionally, structures have been put in place for building relationships and making sure that ongoing dialogue is maintained between the company and the traditional owners. This continued communication will be particularly important in relation to future developments, making sure that all issues that arise are sufficiently addressed and that both parties continue to benefit from the agreement.

GINDALBIE GOLD AGREEMENT WITH BADIMIA PEOPLE Gindalbie Gold NL and the Badimia people reached agreement about the granting of a number of mining tenement applications in August 2003. Under the terms of the agreement the company has agreed to number of benefits including: ◗ Compensation. ◗ Cross-cultural training. ◗ Community development. ◗ Employment and contracting opportunities. ◗ Heritage protection. ◗ Recognition of the Badimia people's traditional ownership of the area. ◗ Ongoing consultation.

The agreement follows on from a regional exploration agreement between Gindalbie Gold and the Badimia group.

VICTORIA PETROLEUM AND GRANGE COURT AGREEMENT WITH NAAGUJA AND HUTT RIVER PEOPLES Victoria Diamond Exploration Pty Ltd and Grange Court Pty Ltd applied for a petroleum exploration permit over an area which covered both the Naaguja and Hutt River native title claim areas (EP1/02-3). Following separate negotiations with each working group heritage, protection agreements have been entered into between Victoria Diamond and Grange Court, with both the Hutt River and Naaguja peoples. The agreements provide for, among other things: ◗ Aboriginal heritage protection. ◗ Compensation. ◗ Environmental protection and rehabilitation.

48 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 ARC ENERGY AGREEMENT WITH NAAGUJA PEOPLES The Naaguja people have entered into a heritage protection agreement in relation to the application for petroleum exploration permit EP2/02-3 with a consortium comprising ARC Energy Ltd (as the project operator), CalEnergy Gas (Australia) Ltd and Westranch Holdings Pty Ltd. In order to deal with the growing number of petroleum exploration permit applications in their claim area, the Naaguja people appointed a 'negotiation team' authorised to conduct the negotiations on behalf of the claim group. All involved have rapidly developed expertise in the field of petroleum exploration and have shown themselves to be skilled and formidable negotiators.

CML The agreement between Consolidated Minerals Ltd (CML) and the Nyamal people concluded nearly six years of negotiations. During this time both parties worked hard to finalise an agreement about CML mining manganese at the Woodie Woodie mine. The Nyamal people agreed that: ◗ CML have the right to continue mining at the Woodie Woodie mine. ◗ CML can be granted future mining leases and Nyamal people will not object to the grant of exploration and prospecting leases. ◗ Heritage surveys will be conducted as soon as reasonably possible.

In exchange CML agreed to compensate the Nyamal people for the effect of mining on native title rights and interests, with a range of financial benefits including education, transport, law and culture, contributions to a Nyamal trust, and cross-cultural training. There are employment and training provisions for Nyamal people and also strong contracting opportunities. Nyamal people will have unrestricted access to CML tenements subject to safety requirements. The agreement also includes provisions for heritage and environmental protection.

BGC A mining agreement was entered into between BGC Contracting Ltd, Elazac Pty Ltd, and the Kariyarra people. The agreement provided a number of benefits for the Kariyarra people, including financial compensation, employment and contracting opportunities, training opportunities, and business development and assistance. There are also access to land, cross-cultural, and monitoring and compliance provisions.

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 49 NEGOTIATION PROTOCOLS

FMG NEGOTIATION PROTOCOL

Fortescue Metals Group (FMG) agreed to negotiation protocols with the Nyiyaparli, Martu Idja Banyjima, and Palyku peoples in March 2004 and the Kariyarra people in June 2004. These protocols recognise the declarations made by each of the claimant groups about the principles needing to be met for each group, as traditional owners, to negotiate with FMG. The protocols recognise that each of the groups belong to their own country, spiritually, culturally, and materially. It also recognises that the groups have rights as traditional owners and Indigenous people as well as legal rights with respect to the granting of the FMG project titles. The protocols also establish commercial and negotiation rights held by FMG. The protocols cover matters including: ◗ Representation from the native title claimant groups. ◗ FMG representatives. ◗ The content of negotiations. ◗ Practical and logistical aspects of negotiation meetings. ◗ Negotiation assistance. ◗ The provision of notices. ◗ Non-opposition to native title by FMG. ◗ Aboriginal heritage issues. ◗ Reasonable costs for travel, accommodation, and meals.

RIO NEGOTIATION PROTOCOL A negotiation protocol agreement was entered into between Rio Tinto Iron Ore and the Central Negotiating Committee (CNC). The CNC acts on behalf of each of the Ngarluma Injibandi, Yindjibarndi, Martu Idja Banyjima, Innawonga Bunjima Niapaili, Kuruma Marthudunera, Gobawarrah Minduarra Yinhawanga, Nyiyaparli, Innawonga, Puutu Kunti Kurruma Pinikurra, and Ngarlawonga native title groups. The negotiation protocol covers a range of matters relevant to the ongoing negotiations between Rio Tinto and the CNC including principled negotiation; resources for the negotiations; and how the negotiations will be conducted. The protocol addresses, in particular, the following issues related to the conduct of the negotiations: ◗ Mutual respect. ◗ Exchange of information. ◗ Appointment and authority of the negotiation teams. ◗ Decision making processes of the parties. ◗ The logistics and practicalities of negotiation meetings. The protocol is based on the recognition that Rio Tinto Iron Ore is a major corporate citizen in the Pilbara region, having large scale mining operations and associated infrastructure in the Pilbara, which it has been operating for many years. It also recognises that the native title groups (represented by the CNC, who are represented by PNTS individually and collectively) have been the traditional owners of the claim areas since time immemorial and belong to their own country, spiritually, culturally, and materially.

50 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 OTHER FUNCTIONS

The Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation must, under the NTA, do all that it can to ensure that it performs its functions as an NTRB. In addition to those functions outlined in previous chapters, this includes: ◗ Consulting with Aboriginal communities which might be affected by the matters with which the NTRB is dealing. ◗ Co-operating with other NTRBs for the purpose of promoting the effective and efficient exercise of the functions and powers of NTRBs. ◗ Promoting an understanding about matters relevant to the operation of the NTA. YMBBMAC met all these obligations during the course of the previous reporting period.

CONSULTANCY SERVICES The organisation engaged 24 consultants to undertake consultancy work at a total cost of $741,483.50. Consultants are used when there is a requirement for specialised services which cannot be met by YMBBMAC staff because of a lack of appropriate expertise, insufficient in-house resources, or where independent advice is required.

SUBMISSIONS YMBBMAC did not make any parliamentary submissions during this period.

MINISTERIAL DIRECTIONS No ministerial directions were received under the Commonwealth Authorities and Companies Act 1997.

REVIEW BY OUTSIDE BODIES In March 2004, the Registrar of Aboriginal Corporations informed the Governing Committee that Ernst & Young had been appointed to conduct an examination of the books and records of the association. The examination was conducted in accordance with Section 60 of the Aboriginal Councils and Associations Act 1976, under which YMBBMAC is incorporated. The examination was to cover such records as financial statements, books of account, register of members and the calling, conduct and minutes of committee and general meetings. The organisation, as a result of these investigations, was presented with a notice to rectify the breaches within nominated time limits. The organisation has responded to the breaches and has taken remedial actions to ensure that it is compliant in future. The Registrar informed YMBBMAC in August 2004, that they have reviewed the association's response and note that it has taken corrective actions and/or rectified issues identified.

MEMBERSHIPS During the reporting period the YMBBMAC held the following current memberships: ◗ Conservation Council of Western Australia. ◗ WA Chamber of Minerals and Energy. ◗ WA Chamber of Commerce and Industry. ◗ Australian Mining and Petroleum Law Association. ◗ Western Australian Aboriginal Native Title working group.

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 51 ENFORCEMENT PROCEEDINGS

BACKGROUND In November 2001, applicants from the Ngarla, Kariyarra, Palyku, Nyangumarta and Nyiyaparli claimant groups commenced Federal Court proceedings under section 203FC(4) of the Native Title Act 1993. These proceeding were designed to enforce ministerial directions which require the Pilbara Aboriginal Land Council (PALC) to give YLSC access to documents and records concerning YLSC claimants. The parties were involved in mediation without success from July to September 2002. In November 2002, the Commonwealth Minister sought submissions about whether the difficulties facing the proceedings could be overcome if he revoked the original June 2001 directions against PALC and re-issued fresh directions. YMBBMAC, through Gadens Lawyers, submitted that the Minister's directions should only be revoked if fresh directions were issued without delay. However, the Minister revoked the directions in January 2003 without prior notice to the parties and, as a result, the applicants could not continue with the Federal Court enforcement proceedings which were subsequently discontinued.

OUTCOMES FOR 2003/04 After revoking his original directions, the Commonwealth Minister then invited the parties to make fresh submissions about whether new directions should be issued. Gadens Lawyers presented several submissions to the Commonwealth on behalf of the applicants between January 2003 and June 2004. The Commonwealth sought clarification and further submissions throughout this period, but no decision had been made by the Minister as to whether new directions would be issued by June 30, 2004. Until new directions are made, the applicants can take no action under the NTA in order to have access to the documents and records still held by PALC.

INTERNAL REVIEW Native title representative bodies are required to provide a process for native title parties to seek the review of any decision taken by the NTRB that may affect them, according to Section 203BI of the Native Title Act 1993. The same section also requires an NTRB to publicise the availability of such processes. Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation passed the reporting period without call to perform its internal review function. Only new applicants for assistance were specifically advised of the availability of the internal review process. Existing recipients of assistance were advised in writing of the availability of this process at the time of their application.

52 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 FINANCIAL REPORT FOR THE YEAR ENDED 30 JUNE 2004

YAMATJI MARLPA BARNA BABA MAAJA ABORIGINAL CORPORATION

ABN: 14 011 921 883

Principal Place of Business 5th Floor Septimus Roe Building 256 Adelaide Terrace PERTH WA 6000

Bankers Commonwealth Bank of Australia Level 18 AMP Building 140 St George’s Terrace Perth WA 6000

Auditors PKF Chartered Accountants Level 7 BGC Centre 28 The Esplanade PERTH WA 6000

Legal Advisors Arnold Bloch Leibler Level 21 333 Collins Street Melbourne Victoria 3000

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 53 FINANCIAL REPORT FOR THE YEAR ENDED 30 JUNE 2004

YAMATJI MARLPA BARNA BABA MAAJA ABORIGINAL CORPORATION

CONTENTS

FINANCIALS 53

STATEMENT BY GOVERNING COMMITTEE 55

AUDIT REPORT 56

STATEMENT OF FINANCIAL PERFORMANCE 58

STATEMENT OF FINANCIAL POSITION 59

STATEMENT OF CASH FLOWS 60

NOTES TO THE FINANCIAL STATEMENTS 61

54 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 STATEMENT BY GOVERNING COMMITTEE

In the opinion of the Governing Committee the financial report as set up on pages 58 to 71:

Gives a true and fair view of Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation’s financial position as at 30 June 2004 and of its performance for the year ended on that date in accordance with Schedule 2 of the Finance Minister’s orders made under Commonwealth Authorities and Companies Act 1997, Australian Accounting Standards, mandatory professional reporting requirements and other authoritative pronouncements of the Australian Accounting Standards Board.

At the date of this statement, there are reasonable grounds to believe that Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation will be able to pay its debts as and when they become due and payable.

This statement is made in accordance with a resolution of the Governing Committee and is signed for and on behalf of the Board by:

………………………………………… ………………………………………… Anthony Dann Neil Finlay Chairperson Chairperson Yamatji Regional Committee Pilbara Regional Committee

Dated at Perth this 20th day of September 2004

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 55 AUDIT REPORT

INDEPENDENT AUDIT REPORT TO THE MEMBERS OF THE YAMATJI MARLPA BARNA BABA MAAJA ABORIGINAL CORPORATION Scope

We have audited the attached general purpose financial report comprising the Governing Committee Statement, Statement of Financial Position, statement of Financial Performance, Cash Flow Statement and Notes to the Financial Statement of the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation for the year ended 30 June 2004. The entity's governing committee is responsible for the financial report and has determined that the accounting policies used are consistent with the financial reporting requirements of Schedule 2 of the Finance Ministers Orders made under the Commonwealth Authorities and Companies Act 1997 and are appropriate to meet the needs of the members. We have conducted an independent audit of the financial report in order to express an opinion on it to the members of Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation, and to determine whether the entity has satisfied the general terms and conditions, that relate to grant funding, under the Native Title Act (1993). No opinion is expressed as to whether the accounting policies used are appropriate to meet the needs of the members. The financial report has been prepared for distribution to members for the purpose of fulfilling the financial reporting requirements under Schedule 2 of the Finance Ministers orders made under the Commonwealth Authorities and Companies Act 1997. We disclaim any assumption of responsibility for any reliance on this report or on the financial report to which it relates to any person other than the members, or for any purpose other than that for which it was prepared. Our audit has been conducted in accordance with Australian Auditing Standards. Our procedures included examination, on a test basis, of evidence supporting the amounts and other disclosures in the financial report and the evaluation of significant accounting estimates. These procedures have been undertaken to form an opinion whether, in all material respects, the financial report is presented fairly in accordance with the accounting policies described in Note 1to the financial statements. (These policies do not require the application of all Accounting Standards and many other mandatory professional reporting requirements in Australia).

The audit opinion expressed in this report has been formed on the above basis.

56 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 AUDIT OPINION

AUDIT OPINION In our opinion,

i) The Financial Report presents fairly, in accordance with schedule 2 of the Finance Ministers orders; and ii) The Financial Report gives a true and fair view in accordance with applicable Accounting standards, other mandatory professional requirements and Schedule 2 of the Finance Ministers Orders, of the financial position of the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation as at 30 June 2004 and its financial performance and it's cash flows for the year then ended.

PKF Chartered Accountants

Ian P Olsen Managing Partner

Dated at Perth this 20th day of September 2004

PKF Chartered Accountants and Business Advisors Level 7 BGC Centre 28 The Esplanade Perth WA 6000

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 57 STATEMENT OF FINANCIAL PERFORMANCE FOR THE YEAR ENDED 30 JUNE 2004

Note 2004 2003 $$

Revenue from ordinary activities 2 8,247,479 8,184,913

Employee benefits expense (3,369,144) (2,752,951) Depreciation expense 3 (237,432) (210,371) Insurance expense (84,241) (84,337) Office supplies expense (147,299) (98,290) Travel and meetings costs (672,793) (1,337,442) Motor vehicle expenses (211,813) (178,894) Contractors and consultant fees (1,904,285) (1,410,384) Borrowing costs expenses (121,880) – Lease expenses (199,703) (142,296) Other expenses from ordinary activities (681,582) (1,268,921) Long sevice leave expense (220,461) – Redundancy provision expense (108,356) –

Surplus / (deficit) from ordinary activities before income tax expense / (benefit) 288,490 701,027

Income tax expense relating to ordinary activities – –

Net surplus / (deficit) 288,490 701,027

Total changes in equity other than those resulting from transactions with owners as owners attributable to the members of Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation 14 288,490 701,027

The statement of the financial performance is to be read in conjunction with the accompanying notes

58 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE 2004

Note 2004 2003 $$

CURRENT ASSETS Cash assets 4 1,894,794 953,264 Receivables 5 915,896 966,378 Other 6 119,167 45,057

TOTAL CURRENT ASSETS 2,929,857 1,964,699

NON-CURRENT ASSETS Property, plant & equipment 7 1,122,338 1,205,245

TOTAL NON-CURRENT ASSETS 1,122,338 1,205,245

TOTAL ASSETS 4,052,195 3,169,944

CURRENT LIABILITIES Payables 8 701,249 665,623 Provisions 9 658,304 306,315 Unexpended grants 10 396,479 - Income received in advance 11 81,845 -

TOTAL CURRENT LIABILITIES 1,837,877 971,938

NON CURRENT LIABILITIES Provision 12 109,392 -

TOTAL NON CURRENT LIABILITIES 109,392 -

TOTAL LIABILITIES 1,947,269 971,938

NET ASSETS 2,104,926 2,198,006

EQUITY Accumulated surplus 14 2,104,926 2,198,006

TOTAL EQUITY 2,104,926 2,198,006

The statement of the financial position is to be read in conjunction with the accompanying notes

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 59 STATEMENT OF CASH FLOWS FOR THE YEAR ENDED 30 JUNE 2004

Note 2004 2003 $$

CASH FLOW FROM OPERATING ACTIVITIES

Receipts from government 5,120,713 5,409,222 Receipts from customers 3,219,315 2,395,923 Interest received 45,652 24,197 Interest and penalties paid (121,880) – Payments to suppliers & employees (7,125,588) (6,832,190)

Net cash used in operating activities 15a 1,138,212 997,152

CASH FLOW FROM INVESTING ACTIVITIES

Payments for property, plant and equipment (196,682) (277,579)

Net cash used in investing activities (196,682) (277,579)

Net increase in cash held 941,530 719,573

Cash at the beginning of the year 953,264 233,691

Cash at the end of the year 15b 1,894,794 953,264

The statement of the cash flows is to be read in conjunction with the accompanying notes

60 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 NOTES TO THE FINANCIAL STATEMENTS

NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This financial report is a general purpose financial report that has been prepared in accordance with Schedule 2 of the Finance Ministers orders under the Commonwealth Authorities and Companies Act 1997, Australian Accounting Standards, Urgent Issues Group Consensus Views and other authoritative pronouncements of the Australian Accounting Standards Board. The financial reports covers Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation (YMBBMAC) as an individual entity. YMBBAC is an association incorporated under the Aboriginal Councils and Associations Act 1976. The financial statements have been prepared on an accrual basis and are based on historical costs and do not take into account changing money values or except, where stated, current valuations of non–current assets. Cost is based on the fair values of the consideration given in exchange for assets.

A. DEPRECIATION Depreciation of fixed assets is calculated on a diminishing balance basis using rates designed to write the assets off over their estimated useful lives to the entity. Estimates of remaining useful lives are made on a regular basis for all assets. The following rates of depreciation are applied: Leasehold improvements 33.3% Freehold improvements 5%–20% Plant & Equipment 15%–60% Motor Vehicles 22.5% Plant and equipment is carried at cost or fair value less any accumulated depreciation. The carrying amount of plant and equipment is reviewed annually to ensure it is not in excess of the recoverable amount from these assets. The recoverable amount is assessed on the basis of the expected undiscounted net cash flows which will be received from the assets’ employment and subsequent disposal.

B.CASH For the purposes of the statement and cash flows, cash includes cash on hand, at bank and on deposit.

C. EMPLOYEE ENTITLEMENTS Provision is made for the association’s liability for employee entitlements arising from services rendered by employees to balance date. These entitlements include wages and salaries, annual leave and long service leave. Employee entitlements expected to be settled within one year together with entitlements arising from wages and salaries and annual leave have been measured at their nominal amount based on remuneration rates which are expected to be paid when liability is settled. All other employee entitlements are measured at the present value of the estimated future payments to be made for these entitlements. Consideration is given to expected future wage and salary levels, experience of employee departures and periods of service. Expected payments are discounted using the market yield as at reporting date on national government bonds. This is the first year that provision for long service leave and redundancy are made. The effect of providing for long service leave and redundancy would have an impact of $134,691 and $75,841 on retained profit and employee benefit liabilities at the beginning of the year. Contributions are made to employee superannuation funds and are charged as expenses when incurred.

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 61 NOTES TO THE FINANCIAL STATEMENTS

D. REVENUE Interest revenue is recognised on a proportional basis taking into account the interest rates applicable to the financial assets. Revenue from grants received from the government funding organisations is recognised when received, and is deferred as a liability to the extent that unspent grants are required to be repaid to the funding organisation. Capital grants are recognised as an operating revenue and depreciated over the useful life and thus project a surplus in the year received. All revenue is stated net of the amount of goods and services tax (GST).

E. GOODS AND SERVICES TAX Revenue,expenses and assets are recognised net of the amount of GST. Commitments and contingencies are disclosed net of the amount of GST recoverable from, or payable to, the taxation authority.

F. LEASE Lease payments under operating leases are charged as expenses in the periods in which they are incurred.

G. INCOME TAX The association is exempt from income tax under Section 50–5 of the Income Tax Assessment Act 1997.

H. CHANGES IN ACCOUNTING POLICIES The accounting policies adopted are consistent with those of the previous years except for the accounting policy with respect to the employee benefits. The association has adopted the revised Accounting Standards AASB 1028 ‘Employee Benefits’, which has resulted in a change in accounting policy for the measurement of employee benefit liabilities. Previously, the association measured the provision for employee benefits based on remuneration rates at the date of recognition of the liability. In accordance with the requirements of the revised standard, the provision for employee benefits is now measured based on the remuneration rates expected to be paid when liability is settled. The effect of provisions is stated in note C.

I. INTERNATIONAL FINANCIAL REPORTING STANDARDS (IFRS) The Australian Accounting Standards Board (AASB) is adopting the International Financial Reporting Standards (IFRS) for application to reporting periods beginning on or after 1 January 2005 (effective for the 30 June 2006 financial report). This requires the production of accounting data for future comparative purposes at the end of the current financial year. The Committee are assessing the significance of these changes and preparing for their implementation. The Committee are of the opinion that the key differences in the Association’s accounting policies which will arise from the adoption of IFRS is:

Impairment of Assets The association currently applies the recoverable amount test to its non current assets carried at cost with the recoverable amount usually based on the amount that is expected to be recovered through its continued use and subsequent disposal. The pending AASB 136 Impairment of Assets (IFRS standard) has wider application and is more prescriptive in its approach to impairment of assets. It is likely that this change will lead to impairments (write downs) being recognised more often than under the existing policy. The above should not be regarded as a complete list of changes in accounting policies that will result from the transition to IFRS, as not all standards have yet been analysed. For these reasons it is not yet possible to quantify the impact of the transition to IFRS on the association’s financial position and reported result.

62 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 NOTES TO THE FINANCIAL STATEMENTS

NOTE 2: REVENUE 2004 2003 $$

Operating revenue Special purpose grants for native title 5,082,853 5,409,222 Other – heritage and negotiation activities 3,118,974 2,715,493 Interest received 45,652 24,198

Total Revenue from ordinary activities 8,247,479 8,148,913

NOTE 3: OPERATING SURPLUS 2004 2003 $$

The surplus from ordinary activities is arrived at after charging and crediting the following specific items: Bad debts written off 12,727 – Depreciation 237,432 210,371 Loss on assets written off 42,157 – Operating lease rental 141,331 128,754 Provision for employee entitlement 358,100 108,749 Provision for doubtful debts (76,695) (73,717) Remuneration of auditor: Audit services 33,879 18,873 Other services 11,207 7,950

NOTE 4: CASH ASSETS 2004 2003 $$

Cash at bank 786,794 951,314 Term deposits 1,107,000 – Cash on hand 1,000 1,950

1,894,794 953,264

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 63 NOTES TO THE FINANCIAL STATEMENTS

NOTE 5: RECEIVABLES 2004 2003 $$

Trade accounts receivable 980,907 1,152,228 Provision for doubtful debts (72,889) (185,850) Sundry debtors 7,878 –

915,896 966,378

NOTE 6: OTHER 2004 2003 $$

Prepayments – 45,057 Revenue accruals 119,167 –

119,167 45,057

NOTE 7: PROPERTY, PLANT & EQUIPMENT 2004 2003 $$

Land and building At cost 491,418 491,418 Less accumulated amortisation – – 491,418 491,418 Leasehold and freehold improvements At cost 128,869 73,847 Less accumulated amortisation (53,120) (27,376) 75,749 46,471 Plant and equipment At cost 636,422 746,216 Less accumulated depreciation (358,407) (352,208) 278,015 394,008 Motor vehicles At cost 525,263 488,539 Less accumulated depreciation (248,107) (215,191) 277,156 273,348

Total property, plant and equipment 1,122,338 1,205,245

64 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 NOTES TO THE FINANCIAL STATEMENTS

NOTE 7: PROPERTY, PLANT & EQUIPMENT

MOVEMENTS IN CARRYING AMOUNTS – 2004 Land Leasehold/ Plant Motor Total and Freehold and Vehicles Building Improvements Equipment Beginning of the year 491,418 46,471 394,008 273,348 1,205,245 Reclassification – – (38,762) 38,762 – Additions – 55,022 84,835 56,825 196,682 Write offs – – (20,424) (21,733) (42,157) Depreciation – (25,744) (141,642) (70,046) (237,432)

End of the year 491,418 75,749 278,015 277,156 1,122,338

NOTE 8: PAYABLES 2004 2003 $$

Current Trade accounts payable 356,872 449,198 Accrued salaries and superannuation 12,006 78,869 General accruals 82,376 – Net GST payable 249,995 213,415 Other – 3,010

701,249 744,492

NOTE 9: CURRENT PROVISIONS 2004 2003 $$

Provision for annual leave 256,729 227,446 Provision for audit fees 10,665 – Provision for fringe benefits tax 116,209 – Provision for long service leave 111,070 – Provision for penalty interest 55,275 – Provision for redundancy 108,356 – 658,304 227,446

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 65 NOTES TO THE FINANCIAL STATEMENTS

NOTE 10: UNEXPENDED GRANT 2004 2003 $$

Unexpended grant carried forward 396,479 –

Unexpended grant carried forward represent grant funds received specifically for approved budget items and which are repayable to the funding organisation to the extent the funds are unspent. This amount does not take into account provision for employee entitlements of long service leave of $159,851 and redundancy of $80,068 as required by the Accounting Standard AASB 1028.

NOTE 11: INCOME RECEIVED IN ADVANCE 2004 2003 $$

Income received in advance 81,845 –

NOTE 12: NON CURRENT PROVISIONS 2004 2003 $$

Provision for long service leave 109,392 –

NOTE 13: FUNDAMENTAL ERROR IN SURPLUS CARRIED FORWARD Total revenue for 2003 includes $343,286 which was part of the unexpended grant to be carried forward as a liability in the Statement of Financial Position. Total expenses for 2003 includes $38,284 which was an adjustment to creditors. These errors had the effect of overstating revenue by $343,286 and understating expenses by $38,284 with a net effect of overstating the accumulated surplus for the year ended 30 June 2003 by $381,570. Restated financial information for 2004 and 2003 is presented below as if the error had not been made.

66 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 NOTES TO THE FINANCIAL STATEMENTS

NOTE 13: FUNDAMENTAL ERROR IN SURPLUS CARRIED FORWARD Contd

Pro forma statement of financial performance Note 2004 2003 $$

Revenue from ordinary activities 2 8,247,479 7,841,627

Employee benefits expense (3,440,070) (2,640,913) Depreciation expense (237,432) (210,371) Other expenses from ordinary activities (4,281,487) (4,670,887)

Surplus from ordinary activities 288,490 319,456

Restatement of accumulated surplus Previously reported accumulated surplus at the end of the previous reporting period 14 2,198,006 1,496,979

Correction of fundamental error (381,570) –

Restated accumulated surplus at the beginning of the reporting period 1,816,436 1,496,979

Surplus from ordinary activities 288,490 319,456

Restated retained surplus at the reporting date 2,104,926 1,816,435

NOTE 14: ACCUMULATED SURPLUS Note 2004 2003 $$

Accumulated surplus at the beginning of the financial year. 2,198,006 1,496,979

Correction of fundamental error 13 (381,570) –

Surplus from ordinary activities 288,490 701,027

Accumulated surplus at the end of the financial year 2,104,926 2,198,006

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 67 NOTES TO THE FINANCIAL STATEMENTS

NOTE 15: CASH FLOW INFORMATION 2004 2003 $$

(a) Reconciliation of the net cash provided by operating activities to surplus from ordinary activities:

Operating surplus 288,490 701,027 Non-cash flows in surplus from ordinary activities: Depreciation 237,432 210,371 Loss/(profit) on disposal of fixed assets 42,157 –

Changes in net assets and liabilities: Increase/(decrease) in unexpended grant 14,909 – Increase/(decrease) in income in advance 81,845 – Increase/(decrease) in employee provisions 358,100 108,749 (Increase)/decrease in receivables (68,685) (271,966) (Increase)/decrease in prepayments 45,057 (4,943) Increase/(decrease) in payables 138,907 253,914

Net cash flow provided/(utilised) in operating activities 1,138,212 997,152

(b). Reconciliation of cash

For the purposes of the statement of cash flows, cash includes cash on hand and in banks. Cash at the end of the financial year as shown in the Statement of Cash Flows is reconciled to the related items in the Statement of Financial Position as follows 2004 2003 $$

Cash at bank 786,794 951,314 Term deposits 1,107,000 – Cash on hand 1,000 1,950

1,894,794 953,264

68 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 NOTES TO THE FINANCIAL STATEMENTS

NOTE 16: LEASING COMMITMENTS 2004 2003 $$

Operating leases Due within 1 year 158,098 25,648 Due within 1 to 5 years 742,611 – Due within more than 5 years 7,851 –

908,560 25,648

NOTE 17: SEGMENT INFORMATION

The association operates in a single industry and geographic segment carrying out statutory responsibilities under the Native Title Act 1993 and operates according to the objectives of that legislation.

NOTE 18: RUMUNERATION OF OFFICERS 2004 2003

Number of officers with rumuneration greater than $100,000 2 2

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 69 NOTES TO THE FINANCIAL STATEMENTS

NOTE 19: FINANCIAL INSTRUMENTS a) Interest rate risk Weighted Floating Fixed Non- Aggregate average effective interest interest interest net fair interest rate rate rate bearing value 2004 (i) Financial Assets Cash 4.04% 786,794 1,107,000 1,000 1,894,794 Receivables – – – 915,896 915,896 Others – – – 119,167 119,167

786,794 1,107,000 1,036,063 2,929,857

ii) Financial Liabilities Payables – – – 701,249 701,249 Provisions – – – 767,696 767,696 Unexpended grant – – – 396,479 396,479

– – 1,865,424 1,865,424

2003 i) Financial Assets Cash 3.70% 951,314 – 1,950 953,264 Receivables – – – 966,378 966,378 Prepayments – – – 45,057 45,057

951,314 – 1,013,385 1,964,699

ii) Financial Liabilities Payables – – – 665,623 665,623 Provisions – – – 306,315 306,315

– – 971,938 971,938

b) Credit risk The maximum exposure to credit risk, excluding the value of any collateral or other security, at balance date to recognised financial assets is the carrying amount, net of any provisions for doubtful debts, as disclosed in the statement of financial position and notes to the financial statements.

The association does not have any material credit risk exposure to any single debtor or group of debtors under financial instruments entered into by the association.

70 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 NOTES TO THE FINANCIAL STATEMENTS c) Net Fair Values Methods and assumptions used in determining net fair value.

The net fair values of assets and liabilities approximate their carrying value. No financial assets and financial liabilities are readily traded on organised markets in standardised form. Financial assets where the carrying amount exceeds net values have not been written down as the association intends to hold these assets to maturity.

The aggregate net fair values and carrying amounts of financial assets and financial liabilities are disclosed in the statement of financial position and in the notes to and forming part of the financial statements.

NOTE 20: CONTINGENT LIABILITIES

As per the grant controller’s report, a contingent liability of $971,879 exists for fees paid to Aboriginal consultants without PAYG withholding tax payments.

The association is currently engaged in negotiations with the Australian Services Union to implement an enterprise bargaining agreement. The association would need to apply for additional funding to implement the final agreement which would result in an immediate increase in salary costs.

NOTE 21: EVENTS SUBSEQUENT TO BALANCE DATE

There are no events subsequent to balance date.

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72 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2004 Image by Zen Davison

YAMATJI MARLPA BARNA BABA MAAJA ABORIGNAL CORPORATION YAMATJI LAND AND SEA COUNCIL PILBARA NATIVE TITLE SERVICE

GERALDTON (HEAD) SOUTH HEDLAND 171 Marine Terrace 6/2 Byass Street Geraldton WA 6530 Sth Hedland WA 6722 P.O. Box 2119 P.O. Box 2252 Geraldton WA 6531 Sth Hedland WA 6722 Tel: (08) 9965 6222 Tel: (08) 9172 5433 Fax: (08) 9964 5646 Fax: (08) 9140 1277

PERTH TOM PRICE 5th Floor Septimus Roe Building 118 Oleander Street 256 Adelaide Terrace Tom Price WA 6751 Perth WA 6000 P.O. Box 27 P.O. Box Y3072 Tom Price WA 6751 East St. Georges Tce Tel: (08) 9188 1722 Perth WA 6832 Fax: (08) 9188 1996 Tel: (08) 9268 7000 Fax: (08) 9225 4633 ABN 14 011 921 883

KARRATHA Unit1/24 DeGrey Place Karratha WA 6714 P.O. Box 825 Karratha WA 6714 Tel: (08) 9144 2866 Fax: (08) 9144 1274