YAMATJI MARLPA BARNA BABA MAAJA ABORIGINAL CORPORATION YAMATJI MARLPA BARNA BABA MAAJA ABORIGINAL CORPORATION YAMATJI LAND AND SEA COUNCIL PILBARA NATIVE TITLE SERVICE NATIVE TITLE REPRESENTATIVE BODY The Hon Mal Brough MP Minister for Families, Community Services and Indigineous Affairs Minister Assisting the Prime Minister for Indigineous Affiars Parliament House Canberra ACT 2600 15th October 2006 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, 2006. Yours sincerely, Wayne Warner Neil Finlay Co-Chairperson Co-Chairperson Yamatji Pilbara 06 Contents Rock art, Banyjima country. Image courtesy of Robert Gordon Photography. 4 Co-chairpersons’ report Executive director’s report 5 6 Legal developments The regulatory environment 10 12 The economic landscape An overview of the organisation 14 Faciliatation and assistance 30 34 Certification Dispute resolution 35 37 Native title claim updates Notification 74 76 Heritage Agreement making 77 81 Internal review Other functions 82 83 Financial Statements Co-Chairpersons’ Report Much has been achieved in native title in the 2005/06 reporting period. In total, more than 20 native title agreements were reached across both the Yamatji and Pilbara regions in the past year. Interestingly, many of the deals are different - showing that each group has its own needs and priorities. And while they have all been significant, there have been special moments, including: • Wajarri Yamatji reaching an exploration agreement with Midwest Corporation over Pilbara Chairperson Neil Finlay (left) and Yamatji the exploration of the Weld Ranges.The Chairperson Wayne Warner. Image by Justin Cvitan. agreement required sensitivity and While native title continues to be the main understanding on behalf of the company focus of this organisation, there has also been a because the Weld Ranges is an area of growth in non-native title activity in both regions. exceptional cultural significance. The establishment of a Caring for Country team The deal is not only one of the country’s this year in the Yamatji region is very exciting most comprehensive land access and we look forward to seeing the results from agreements, it is also an example of best this new initiative. In the Pilbara, the practice in native title exploration appointment of a Community Development agreements. Officer has also been important and will add to the good work being done by the Business • Njamal signing three deals in one day, Development Officer in the region. confirming their status as one of the leading native title negotiators in the country.The YMBBMAC’s role is becoming more important provisions of the deals were also for Aboriginal people in the Yamatji and Pilbara remarkable and included the allocation of regions. Now that ATSIC is gone, there is no funding for the collection of preservation Indigenous structure that can speak on behalf evidence to advance the recording of of Aboriginal people in the broader political cultural and historic knowledge held by environment.YMBBMAC is recognising the Njamal Elders and a request need for it to take on more responsibilities in In total, more by traditional owners for funds this area. Our communities continue to need to be donated to the Royal representation and the land council has shown than 20 native Flying Doctor Service of that it can achieve a lot on behalf of Aboriginal Australia and the Cancer people. Both the two regional committees and title agreements Council Australia. the Governing Committee see the importance of taking a leading role in ensuring that matters were reached The mining boom of Western affecting our country, culture and our people’s Australia was originally a across both the concerns are kept in the spotlight of Pilbara story only, but it has government and the public. Yamatji and now moved south, so that the Pilbara regions Murchison/Gascoyne has also Additionally, the National Native Title Council become the focus of high level is being formed by native title representative in the past year industry activity.Yamatji people bodies from around the country.The aim of have joined their Pilbara the council is to provide a collective voice for neighbours in trying to juggle the often difficult Aboriginal people.YMBBMAC has given in- responsibilities of protecting country and principle support to the organisation and if our culture with economic development interests. involvement is formalised we, as chairs of the Governing Committee, will take leadership The boom provides great opportunities for an roles in the initiative. improvement in the economic position of Yamatji and Pilbara communities and is often Once again, we would like to congratulate welcomed by traditional owners. However, management and staff at the land council for all claimants continue to have an expectation for their effort and work through the year.We look companies to be respectful of the role and forward to continuing to work with them and to responsibility of traditional owners as well as achieving another year of exciting development for the land being developed. for the traditional owners we represent. 4 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2006 Executive Director’s Report The 2005/06 reporting period has been busy and productive on all fronts. At a corporate level, we have seen the implementation of the certified agreement.This agreement should improve staff recruitment and retention, which, as an ongoing problem for the organisation, has been a priority for us to resolve. The year has also seen an increase in funding from the Office of Indigenous Policy Co-ordination which has been of great assistance. As part of this, the land council has YMBBMAC Executive Director Simon Hawkins. received an increase in capital funding which Image by Robin Stevens. has come at a time of considerable need.This As a further part of this promotional drive increase has provided us with a range of we launched the new YMBBMAC website necessary tools, including new computers, in December, which is continuing to undergo vehicles as well as some office renovations. changes as it strives to meet the needs of all At an operational level we have also seen audiences. Additionally, on a more face-to- significant developments. Among the operational face level I have represented the highlights for YMBBMAC this year were the organisation at three international mining binding initial agreements reached between Rio conferences held in Australia Tinto Iron Ore and six Pilbara native title claims during the year. In October, I that we represent. Not only are the agreements gave a speech at the YMBBMAC impressive in themselves, but they come after Excellence in Exploration has focused on two years of negotiations which have been, at and Mining conference held times, complex.YMBBMAC staff have shown in Sydney, while I also gave promoting its their commitment throughout these negotiations presentations to each of the work to external to achieving the best outcomes for traditional Association of Mining and owners and the results are a credit to them. I Exploration (AMEC) audiences during welcome the company’s changed approach in conferences held in July this reporting order to reach this outcome and look forward 2005 and June this year. to working with all parties in the development of Our presence at the AMEC period further positive achievements and to defining, conferences also included a with traditional owners, the role this organisation YMBBMAC booth at both events, attended will play in future stages of the project. by land council staff, which proved to be an YMBBMAC has focused on promoting its work effective promotional tool. to external audiences during this reporting period, maintaining an active presence in the In the wake of ATSIC it has been the broader parliamentary and commercial ambition of YMBBMAC members to take environment. In doing so, it has given evidence more responsibility for the representation to two Commonwealth inquiries and has of Aboriginal people on issues affecting them provided a response to the State Government in the Yamatji and Pilbara regions as well as review of the Department of Indigenous Affairs. on a broader level.Wherever possible and The organisation has also provided a submission appropriate,YMBBMAC will provide to the review of the Native Title Act and we will assistance to traditional owners in increasing be watching closely the outcome of the review’s their level of participation and involvement proposed changes and the impact that it will in matters affecting them, their community have on the rights and interests of claimants. and their country. The organisation has also tried to improve its The 2006/07 reporting period is already relationships with proponents by hosting its first stakeholders’ day seminar, designed to develop looking to be another positive year for dialogue and understanding of YMBBMAC’s YMBBMAC. I look forward to working with activities for proponents, government agencies both Governing Committee chairs, members and members of parliament.The event proved of each of our committees and staff to highly successful and is expected to be held achieve even more on behalf of the again in the first half of 2007. traditional owners we represent. Annual Report 2006 Yamatji Marlpa