A Pilbara native title claim group has completed the signing of three mining agreements in one day, a landmark achievement in native title negotiations.
A Pilbara native title claim group has completed the signing of three mining agreements in one day, a landmark achievement in native title negotiations.
The Njamal native title group reached agreements with CBH Resources Ltd, Consolidated Minerals Ltd and individual miner, Barry Kayes. Njamal were represented in all three agreements by the Pilbara Native Title Service (PNTS), part of the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation (YMBBMAC).
Njamal people representative and deputy chairperson of the PNTS Steering Committee Doris Eaton said that its working group had been negotiating with mining companies for many years and had reached many agreements.
The CBH-Njamal agreement concerns the Sulphur Springs project, an open-cut copper and zinc mine and processing plant located 160km southeast of Port Hedland and inside Njamal country.
The agreement has a range of provisions including a financial settlement, employment and training initiatives and undertakings in the areas of heritage and environmental protection.
The deal will also see part of the funds donated to the Royal Flying Doctor Service of Australia and the Cancer Council Australia, at the request of the traditional owners.
In the Consolidated Minerals Ltd agreement, the company will pay compensation for its existing mine pits as well as for new pits it plans to build. This move exceeds legal obligations under the Native Title Act, which only requires the company to negotiate with traditional owners over new activities.
Ms Eaton said that the decision to pay compensation for existing mining is a sign of respect to the traditional owners.
The third deal, with Barry Kayes, incorporates compensation and heritage protection provisions.
Meanwhile, the state government will appeal the recent Rubibi native title decision of the Federal Court over Broome and surrounding areas.
Deputy Premier Eric Ripper today said the government had taken advice from the State Solicitor, who had raised a number of points of appeal that required the Government to act, including:
- rulings in relation to sections 47A and 47B of the Native Title Act 1993 (Cth) extend the recognition of native title into areas, which were never intended by the legislation;
- there is concern about how the court dealt with the principles established by the High Court for traditional connection to country in the Yorta Yorta (2002) case; and
- the court's decision recognises native title on parts of an unvested reserve - in this case the gaol and police station - where State has used the reserve for its purpose.
"The time constraints of the Federal Court Rules played a part [in the result]. We did not have time to explore fully whether the State and Rubibi could satisfactorily resolve the complex issues raised in the State Solicitor's advice," Mr Ripper said.
"It is regrettable that after all this time there are legal issues which have not been satisfactorily resolved."
THE FULL MEDIA RELEASES OF THE NATIVE TITLE MINING AGREEMENTS AND THE STATE GOVT'S DECISION TO APPEAL THE RUBIBI FINDING APPEAR BELOW.
HISTORIC THREE DEALS IN ONE DAY FOR PILBARA NATIVE TITLE GROUP
A Pilbara native title claim group has made history and confirmed its status as one of the leading native title negotiators in the country, signing three mining agreements in a day.
The Njamal native title group has reached agreements with CBH Resources Ltd (CBH), Consolidated Minerals Limited (CML) and Barry Kayes, an individual miner. Njamal were represented for all three agreements by the Pilbara Native Title Service (PNTS), part of the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation (YMBBMAC).
"Today we have shown that Njamal is strong in native title," said Doris Eaton of the Njamal people and Deputy Chairperson of the PNTS Steering Committee. "Our working group has been negotiating with mining companies for many years and has reached many agreements. We are proud to be working for our people."
The CBH-Njamal agreement concerns the Sulphur Springs project, an open-cut copper and zinc mine and processing plant located 160km southeast of Port Hedland and inside Njamal country.
The agreement, which was reached quickly due to the positive negotiation approach of both parties, has a range of provisions, including a financial settlement, employment and training initiatives and undertakings in the areas of heritage and environmental protection.
Most notably, however, the deal meets requests by traditional owners for part of the funds to be donated to the Royal Flying Doctor Service of Australia and the Cancer Council Australia, ensuring that benefits from the deal will touch the lives of many people beyond the group.
Willie Jumbo of the Njamal people said that his people welcomed the outcome of this agreement and that it showed that the relationship with CBH had been good and strong.
"It is also very good that Njamal people have the chance to help two organisations which do so much good work," said Mr Jumbo.
The Consolidated Minerals Limited agreement also comes with a raft of provisions. However, one of the pleasing aspects of the deal is that the company has agreed to pay compensation for its existing mine pits as well as for the new pits it plans to build. This move exceeds legal obligations under the Native Title Act, which only requires the company to negotiate with traditional owners over new activities.
Doris Eaton said that the decision to pay compensation for existing mining is a sign of respect to the traditional owners.
The CML-Njamal agreement concerns the expansion of the CML Woodie Woodie manganese mine, located 400 km south-east of Port Hedland and inside the traditional lands of the Njamal people.
The deal has a number of distinguishing features. Of particular interest is the funding allocated for the collection of preservation evidence to advance the recording of cultural and historic knowledge held by Njamal elders about Njamal language, cultural and country.
Additionally, the deal includes funds for emergency medical care for Njamal people, while provisions have also been made for the funding of employment and training initiatives as well as sporting and educational scholarships for Njamal people.
A third deal was also signed with Barry Kayes, an individual miner of coloured stone. The agreement between Mr Kayes and the Njamal people incorporates compensation and heritage protection provisions.
Simon Hawkins, Executive Director of the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation, said that Njamal had once again proved the skills and experience they have as negotiators. "The Njamal community is also leading the drive to make mining agreements sustainable and meaningful," he said.
Notes to editors:
- The Njamal People featured in last year's highly successful Black Swan production Yandy.
- YMBBMAC is a native title representative body which represents the traditional owners of the Yamatji (Murchison and Gascoyne) and Pilbara regions of Western Australia. In the Yamatji region it operates as the Yamatji Land and Sea Council and in the Pilbara as the Pilbara Native Title Service.
- YMBBMAC has a representative area of almost one million square kilometres - around 21 times the size of Switzerland.
- The organisation represents 30 native title claims across the Yamatji and Pilbara regions.
State Government to appeal Rubibi decision.
The State Government will appeal the recent Rubibi native title decision of the Federal Court over Broome and surrounding areas.
Deputy Premier Eric Ripper today said the Government had taken advice from the State Solicitor, who had raised a number of points of appeal that required the Government to act.
"The issues raised by the State Solicitor have significant implications throughout Western Australia," Mr Ripper said.
"The time constraints of the Federal Court Rules also played a part. We did not have time to explore fully whether the State and Rubibi could satisfactorily resolve the complex issues raised in the State Solicitor's advice.
"However, the State is prepared to continue to engage with Rubibi to attempt to resolve any of those issues prior to the hearing."
The appeal points raise a number of significant issues for the State, including:
- rulings in relation to sections 47A and 47B of the Native Title Act 1993 (Cth) extend the recognition of native title into areas, which were never intended by the legislation;
- there is concern about how the court dealt with the principles established by the High Court for traditional connection to country in the Yorta Yorta (2002) case; and
- the court's decision recognises native title on parts of an unvested reserve - in this case the gaol and police station - where State has used the reserve for its purpose.
"It is regrettable that after all this time there are legal issues which have not been satisfactorily resolved," Mr Ripper said.
"It will take some time for the appeal process to run its course. In the interim, the Federal Court's decision sets out the legal positions of the parties, and the State will continue to deal with Rubibi in compliance with the Native Title Act 1993 (Commonwealth).
"The State also remains committed to the comprehensive negotiations it is proposing with Rubibi, for a practical resolution of outstanding native title and cultural heritage matters in and around Broome.
"The negotiations remain as a real opportunity for both the State and Rubibi to agree on mechanisms for a greater role to be played by Broome's traditional owners in its economy and future development."
