Native title agreement recognises the importance of water

Kurama and Marthudunera Traditional Owners Bernadette Evans, Roy Evans, Joan Evans and Cyril Lockyer with YMAC staff and IOH representatives

The Kurama and Marthudunera (K&M) native title group today announced the signing of an agreement with Iron Ore Holdings Ltd (IOH) over their Buckland Project in the Pilbara region of Western Australia.

It is the Pilbara’s first native title agreement to provide payments in respect of the use of water and clearance of native vegetation, giving an incentive for IOH to minimise their impact on the environment. IOH also showed flexibility in planning their mine footprint in order to avoid any impact on culturally sensitive sites near the area.

In addition to strong cultural and environmental protection, the agreement provides milestone and production payments, which are now standard features of native title land access agreements.

Kurama and Marthudunera Traditional Owner, Cyril Lockyer said, “The important thing now is to continue our good working relationship. This area is of great significance to the families involved and we want to work closely with Iron Ore Holdings to see these sensitive places protected.”

“This unique agreement is due to the genuine good-will and flexibility shown by both parties, and recognises the cultural and environmental significance of the area for the Traditional Owners. It goes well beyond the requirements of the WA Aboriginal Heritage Act by recognising that water and habitat are inextricably linked to cultural values,” said Simon Hawkins, CEO of Yamatji Marlpa Aboriginal Corporation.

Nyiyaparli people sign major iron ore mining agreement

The Nyiyaparli people of the Pilbara region of WA have announced that they have entered into a major mining agreement with BHP Billiton Iron Ore (BHPBIO). The agreement covers all of BHPBIO's iron ore operations within the Nyiyaparli people's native title claim and offers substantial heritage protection, financial benefits, and non-financial benefits to the Nyiyaparli people.

Click here to download the full media release from our website.

YMAC congratulates the Nyiyaparli people on the successful negotiations.

Agreement focuses on sustainability

Ngarlawangga community members, YMAC staff and Rico Resources representatives at the agreement signing



The Ngarlawangga people have announced an agreement with Rico Resources over their Wonmunna project within the Ngarlawangga native title claim.

The agreement focuses on building a relationship between the parties to develop sustainable, long-term business and employment opportunities for the Ngarlawangga community. It is based on shared objectives of employment and contracts for Ngarlawangga people on Rico Resources projects.  

To this end, a skills audit of the Ngarlawangga community is being undertaken to help community members identify and access opportunities for training, employment, and business ventures.

The agreement includes financial compensation to the Ngarlawangga people, and recognises the importance of Aboriginal culture and the Ngarlawangga people’s responsibility to care for their heritage sites. It also provides Rico Resources with all of the native title approvals needed for their Wonmunna Project.

“Rico resources have listened to us and we have listened to them. We have a good relationship with RICO even though we are a small group and they are a small company," said Ngarlawangga elder Maisey Hyland.

Ngarlawangga elder Dianne Limerick said, "In the short while we have been negotiating with Rico Resources we made a lot of progress and we are happy and pleased that we have signed an agreement together"

Simon Hawkins, Chief Executive Officer of Yamatji Marlpa Aboriginal Corporation (YMAC), said, “Rico Resources has adopted a relationship-based approach to these negotiations, and this agreement is designed to help the Ngarlawangga people meet their aspirations as a community. The company has shown their commitment to these goals by implementing the skills audit before the agreement was even signed. This mining agreement is about both parties supporting each other for years to come.”

Pilbara groups reach agreement with Rio Tinto



Centre: Neil Finlay, Kuruma Marthudunera elder,
and family at agreement signing.

Four Pilbara native title claim groups have announced they have signed Australia’s most comprehensive native title agreements with Rio Tinto.

The agreements are a result of seven years of extensive negotiations between the four groups, represented by Yamatji Marlpa Aboriginal Corporation (YMAC), and the Rio Tinto Iron Ore group.

The final agreements give Rio Tinto certainty for its existing and future operations in the areas covered by the four native title claim groups;

• Nyiyaparli
• Puutu Kunti Kurrama and Pinikura
• Kuruma and Marthudunera
• Ngarlawangga (northern part of claim area).

The total area involved in the agreement is about 70,000 square kilometres and includes existing mining operations at Brockman 4, Mesa A, Mesa J, Hope Downs, as well as any future Rio Tinto mines and operations in the native title claim areas.

Under the agreement, the four native title claim groups have negotiated a range of economic and non-economic benefits. These include an income stream from mining on their lands, training and job opportunities, access to contracts for services for Rio Tinto and support for environmental and heritage activities. The agreement also includes mining exclusion zones that recognise the importance of significant sites such as burial and ceremonial sites, as well as important water holes and ecologically sensitive areas.

YMAC’s Chief Executive Officer, Simon Hawkins, said the four Aboriginal groups had worked tirelessly to reach agreement with Rio Tinto.

“The signing of these agreements is recognition of the professional way in which the parties have been able to work together to get the best outcomes,” he said.

“Through the negotiations, the native title groups now have an established relationship with Rio Tinto that they can build on for their future.

“The real work starts now to implement the agreements and ensure the native title claim groups benefit from their commitment,” he said.

Mr Hawkins said rigorous corporate governance and benefit management structures were being put in place to underpin the implementation of the agreements. This includes the establishment of four local Aboriginal corporations to manage the agreements for each group and a broader regional corporation to implement seven regional standards relating to Rio’s operations.

Indigenous Land Use Agreements (ILUAS) will be signed later this year between the four native title groups, Rio Tinto and the state government, with on-country celebrations planned for later in the year.

YMAC CEO in Saturday's West Australian

Last weekend's West Australian newspaper featured a letter to the editor from YMAC's CEO Simon Hawkins. The letter was in response to recent media attention on native title agreements, and points out that there are many positive outcomes when resource companies genuinely engage with native title groups.

 

Click here to read the full letter, titled "Benefits to native title groups".

2010 Native Title and Social Justice Report

This week, the Australian Human Rights Commission (AHRC) launched the 2010 Native Title and Social Justice Report.

YMAC provided a comprehensive submission to the AHRC which has been quoted and referred to in each chapter of the report.

YMAC's views are represented on a range of issues, including:

• the need to clarify the meaning of good faith in the Native Title Act;
• the need to improve processes for meaningful consultation with Traditional Owners about reforms to the system; and
• the need for Governments to implement the Guidelines for Best Practice in Agreement-Making, endorsed by Native Title Ministers in 2009.

To see the full report visit: http://www.humanrights.gov.au/social_justice/nt_report/ntreport10/index.html

Midwest Traditional Owners look forward to agreement outcomes

The Yugunga-Nya native title group have announced a claim wide land access agreement over their traditional country with mining company, Sandfire Resources.

Yugunga-Nya country covers approximately 30,335 square kilometres of land in the Midwest region of Western Australia, and includes the mining towns of Meekatharra and Cue.

The land access agreement covers Sandfire Resources DeGrussa copper-gold project, situated 150km north of Meekatharra. The agreement provides a range of financial and non-financial benefits to the Yugunga-Nya community. These include employment and contracting opportunities, as well as cultural awareness training for Sandfire employees. The agreement also includes a position for a Yugunga-Nya member to be employed as an Aboriginal Liaison Officer, further developing the good working relationship established between the community and Sandfire.

Ron Shay is a well respected Yugunga-Nya community member and is looking forward to the new opportunities the land access agreement will bring to his people.

“We already have four Yugunga-Nya people working with Sandfire, but through this agreement we hope to see many more benefits flow through to our community, including future employment and training,” he said.

Peter Jeffries, Acting Chief Executive Officer of Yamatji Marlpa Aboriginal Corporation (YMAC), said, “I would like to congratulate the Yugunga-Nya people on the successful completion of their negotiations with Sandfire Resources and look forward to the opportunities that this agreement will bring to the community.

It’s a great start to the year for Yugunga-Nya and we look forward to many more positive stories for Traditional Owners of the Midwest region in 2011.”

Nyiyaparli Sign Agreement for Iron Valley Project

In Tom Price this week, the Nyiyaparli people signed a Land Access Deed with Iron Ore Holdings Ltd (IOH) that delivers important protection for country and support to the Iron Valley project.


Nyiyaparli country is situated in the central Pilbara region of Western Australia and covers approximately 36,684 square kilometres of land, including the mining town of Newman.


The agreement, which covers the Iron Valley project, provides a range of benefits to the Nyiyaparli people including contracting opportunities, cross cultural awareness training for IOH employees and a rigorous framework for agreement implementation. More importantly the agreement provides for consultation on environmental and heritage matters, which allows the Nyiyaparli people to retain their rights under Aboriginal heritage and environment legislation in order to protect areas of cultural and environmental significance.


The Nyiyaparli people, represented by Yamatji Marlpa Aboriginal Corporation (YMAC), are now looking to build upon the spirit of cooperation and good faith they developed with IOH during the agreement negotiation process.


Simon Hawkins, CEO, Yamatji Marlpa Aboriginal Corporation, said the agreement was an example of a mining company working cooperatively and negotiating in good faith with Traditional Owners. “The Nyiyaparli people appreciated the company’s willingness to sit down and negotiate with the group. The next step is to build on this relationship and see the agreement successfully implemented.”