Message Stick March 2020 Your way forward contents Message from UPDATE from EDST Update 3 the Chair 4 the CEO 6 2020 Dates to Yuwibara Native Title Consent Determination 8 Remember 10 MessageStick is published by the North Queensland Land Council Native Title Representative Body Aboriginal Corporation (ICN 1996) The contents of Message Stick are copyright to NQLC and should not be reproduced in whole, or part, without the written consent of the NQLC CEO. | Message Stick is not for resale. | Any information is correct at time of writing. The publisher apologises for any images used that contain deceased individuals or cultural sites of significance. Message Stick is made possible from funding provided by the Department of Prime Minister and Cabinet. Any queries regarding Message Stick, please contact the editor Michelle Liddy on 1800 814 779 or [email protected]. 2 North Queensland Land Council Message from the Chair Firstly, I would like to acknowledge the Traditional Owners of country throughout NQLC’s representative footprint, and recognise their continuing connection to land, sea, waters and culture. I pay my respects to Elders past, present and emerging. Some will know from recent communication that the NQLC Board are working toward a restructure of NQLC’s current governance model and corporate structure. This is in order to accommodate the long term goals of the Board, which is to form a new economic development and community service function for the NQLC. With NQLC assisting 53 native title consent determinations in the last 22 years, it seems only fitting for the Land Council to move in this direction. Over recent months NQLC’s Executive Committee have been holding community engagement meetings (‘roadshows’) throughout the representative region. During the roadshows the Executive Committee consistently received overwhelming support for a restructure and name change of the NQLC, and for the members to be involved in the co-development of the new structure. For that reason the NQLC intend to host Land Summits in both Cairns and Townsville in April/May of this year for its members. These Summits give the IMAGE DESCRIPTIONS: TOP (L-R): Gary Mooney, George NQLC Board the opportunity to present its proposed structure and governance Tonga, Angie Akee and Dennis Mooney, Yuwibara Native Title Consent model for discussion and feedback with the members. Once feedback is Determination. BOTTOM RIGHT: Angie Akee giving a obtained, we as the board will present the final proposed restructure and speech at the Yuwibara Native Title Consent Determination. Message from the Chair 3 governance model (and accompanying Rule Book, Policy Manual and Strategic Plan changes) for endorsement by the NQLC membership at a Special General Meeting. This is to be held toward the end of June 2020, prior to the NQLC’s Annual General Meeting. Lastly, I would like to acknowledge the Yuwibara People on their recent Native Title Consent Determination. On Tuesday 25 February 2020, at a Federal Court Hearing held in Mackay, the Yuwibara People were rightfully recognised as the traditional owners of their lands in the Mackay region. I was honoured to have been present for this immense achievement and on behalf of the Board, wish to congratulate the Yuwibara People. I would also like to acknowledge the NQLC staff who worked on the claim, particularly Nigel Hales (previous Acting Principal Legal Officer), Greg Bell (Legal Officer), Pheobe Mawby-Smart (Legal Officer), Kelly Stewart (Staff Anthropologist) ,Dr Charles Wilde (Staff Anthropologist) and Lotu Kimiia (Project Officer). North Queensland Land Council is proud to able to play a small part in helping traditional owners achieve the recognition they deserve. I hope you thoroughly enjoy this edition of Message Stick. IMAGE DESCRIPTION: Angie Akee pictured with the Program - Angie Akee Manager of My105FM following their radio interview. My105FM is Chair NQLC owned and operated by Mackay District Aboriginal & Islander Media Association Ltd. They broadcasted their Tuesday morning show live from the Yuwibara Native Title Consent Determination. Update from the CEO Yuwibara: I am very pleased to see some snaps taken on the day. report that the Yuwibara People Cairns Regional Inquiry: The referees celebrated their Native Title in the Cairns Regional Inquiry Consent Determination on the have provided their draft report 25th of February in Mackay. With addressing the question, “what their application being filed in late group/groups had interests in the 2013, this day has been a long Cairns area pre-sovereignty?”. The elcome readers to the first time coming. I would like to extend claim groups involved (inc. Cairns edition of NQLC’s Message my warm congratulations to the W Regional) have provided submissions Stick for 2020. I hope it finds you Yuwibara People on having their in response to the draft and these well. native title rights and interests will be considered by the referees in recognised and we look forward to The first quarter of 2020 has seen their final report due on 6 March. our Research and Legal units hard offering the NQLC’s assistance to the at work on our priority claims, with PBC going forward. Refer to page 10 Wakaman: As previously reported, updates as follows: to read about the determination and Wakaman is due to go to trial in June 4 NorthUpdate Queenslandfrom the ceo Land Council IMAGE DESCRIPTION: Yuwibara Applicants and nominated Community Members celebrating after receiving a copy of the Yuwibara Native Title Consent Determination. (25 February 2020). of this year. As we progress into the client groups relating to future native title rights. This decision year our Legal and Research Units act notifications, negotiations and has sparked many discussions will be working closely with the implementation of agreements. about future compensation claims, Wakaman People and the Court to FAME is receiving an increasing particularly given we now have prepare for this trial. number of requests for assistance some (albeit limited) clarity on relating to cultural heritage, which how the court may quantify native Gugu Badhun #3: This claim was NQLC assists many groups with title compensation. The National authorised at the end of November within our region. FAME can provide Indigenous Australians Agency 2019 and it is anticipated the NNTT facilitation and legal assistance (NIAA) has allocated funding to will deliver their decision on the in negotiating Cultural Heritage the National Native Title Council registration test in early March 2020. Management Agreements and and Native Title Representative Update Gurambilbarra Wulgurukaba, Bindal, Cultural Heritage Management Plans, Bodies to assist with the preliminary Jirrbal # 4 and Warrgamay: Steady so if your PBC requires any assistance preparatory work. With this I am from the progress continues to be made in with these matters, I encourage you pleased to welcome Ms Susan Walsh CEO each of these matters. to contact the FAME Unit. to the NQLC as a Senior Legal Officer, focusing exclusively on native title Research continues on future The PBC Support Unit hosted a compensation. I will continue to claims for Manbarra (Palm Island), successful compensation information update members on our progress Proserpine/Whitsundays, the ‘South workshop last December and is with this. Central’ region, the northern area now working toward a Corporate inland from Mossman, and a regional Governance and Compliance I also wish to advise that the sea claim in the area between workshop with Shane Carroll in the Registrar of Indigenous Corporations Townsville and Innisfail. coming months. I refer you to page has accepted the NQLC Board’s The NQLC’s Engagement and six for further updates on EDST. request for a further extension of time to hold its 2019 Annual General Development Support Team Many of you will be familiar with Meeting. The AGM must now be held (Future Act Mining and Exploration the landmark High Court ruling of no later than 30 June 2020. I refer and PBC Support) has had a busy the Timber Creek case last year. It you to Madam Chair’s report for start to the year. The FAME Unit was the first time the High Court more details. continued working over most of the has considered the monetary value holiday period to provide advice of native title and its associated and representation to many of our compensation for the removal of - Steve Ducksbury CEO, NQLC Your way forward 5 Engagement & Development Support Team update The Engagement and Development Support Team (EDST) has had a very busy workload over the last couple of months and things will not be slowing down in the coming months. Below the FAME and PBC Support Units give an overview of the work they have been doing. Future Act Mining and Exploration Unit Written by: Julia (Jules) Taylor Senior Legal Officer-Coordinator, FAME Unit The FAME Unit had a busy start to 2020 with no real break over the holiday period in receiving future act notices and continuing to provide direct advice and representation to many of our client groups in respect of these future act notifications, negotiations and implementation of agreements. FAME has received an increasing number of requests for assistance relating to cultural heritage. When assessing future act notices it is often the activity that has the biggest impact and not the legal interest created by the future act. Under the Aboriginal Cultural Heritage Act 2003 (Qld) (ACHA) a person carrying out an act (such as this future act) must take all reasonable and practicable measures to ensure the activity does not harm cultural heritage. This is called the ‘cultural heritage duty of care’. NQLC assists many groups within our region to provide facilitation and legal assistance in negotiating Cultural Heritage and Management Agreements (CHMA) or Cultural Heritage Management Plans (CHMP). If there is anything that your PBC receives that you think would require a cultural heritage agreement under the ACHA, we encourage you to contact the FAME Unit at [email protected].