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Western Desert Lands Aboriginal Corporation

Annual Report 2007/08

Contents Report from the Chairperson – Mr. Teddy Biljabu ..................................................... 2

Report of the Chief Executive Officer - Mr. Clinton Wolf ............................................ 4

1. Introduction ....................................................................................................... 6

2. Governance ........................................................................................................ 7

3. Land Access Negotiations ................................................................................... 8

Exploration ............................................................................................................ 8

Petroleum Exploration ........................................................................................... 8

Mining ................................................................................................................... 9

Kintyre ................................................................................................................... 9

4. Land Access Management and Agreement Compliance .................................... 10

Heritage protection ............................................................................................. 10

5. Community Development ................................................................................ 13

6. Kanyirninpa Jukurrpa ........................................................................................ 15

7. Financial Reports ................................................... Error! Bookmark not defined.

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WDLAC is a prescribed body corporate which holds Martu native title over our traditional lands, pursuant to the Native Title Act 1994. WDLAC was registered by the Federal Court as the body corporate on 17th July 2003. A governing committee of 27 people represents the native title holders. I am Chairman of the Governing Committee, but all decisions are made by consensus in accordance with our traditional decision-making practices. WDLAC has very wide responsibilities in Martu country which includes management of our native title as well as community, cultural and social development, employment and training and economic development. The past year has seen WDLAC working very hard to achieve good outcomes for the Martu People. One of the important tasks has been to start talking about setting up a Martu Trust to make sure that benefits received from negotiations are used to properly benefit the Martu People both now and for a long time in the future. WDLAC will continue to discuss this issue with the Martu People in the coming year to make sure that an appropriate structure is set up. Governance of WDLAC is always a very important issue and WDLAC has been putting procedures in place to make sure that there is a smooth transition to the new CATSI Act. WDLAC staff have attended workshops by ORIC to help understand what changes need to be made to the constitution. WDLAC will need to amend its constitution in the next financial year and will be talking to its members about this. WDLAC also worked co-operatively with Rio Tinto for the sale of Kintyre. WDLAC’s involvement ensured that the rights and interests of the Martu People were secured. WDLAC will now talk to the new owners, Cameco and Mitsubishi, about their plans for the development of the Kintyre project. The future of WDLAC depends on being well resourced both staff wise and financially. To a large extent, WDLAC being functional and operating for the long term continues to depend on our capacity to negotiate funding deals with private business and the Government in a way that preserves the authority of the Martu to manage and look after their lands. One of the roles of the Governing Committee and CEO is to continually discuss and develop long-term plans to ensure that WDLAC remains a strong and effective representative for the Martu People. We have protocols for mining and tourism companies wishing to access our lands, and have made it clear to a number of companies that Martu people are keen to do business, but only in a way which respects our culture and our country.

Report from the Chairperson –

Mr. Teddy Biljabu

On behalf of the Governing Committee I would like to present the Annual Report of the Western Desert Lands Aboriginal Corporation (Jamukurnu-Yapalikunu) (ICN4207) for the year 2007-2008.

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I would like to acknowledge the support of the businesses and government departments who have contributed to the work of WDLAC this year, and thank them for their efforts. I also wish to thank all the members of our Governing Committee for their efforts throughout the year, and our staff and consultants, particularly CEO Clinton Wolf, for their energy, commitment and support for the aims and objectives of WDLAC. Teddy Biljabu Chairperson September 2008

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WDLAC has strongly promoted its standard land access and mineral exploration agreement and most of the companies seeking to access and explore on Martu country have agreed to the terms and conditions that the agreement imposes. For those that don’t, WDLAC will always vigorously uphold the exclusive nature of Martu’s native title rights and interests. WDLAC also continue to work very closely with Anthropos Australis to ensure that heritage surveys and heritage protection are conducted to the highest standards. Discussions with existing mine operators Newcrest and Nifty are on-going and it is likely that negotiations with both with commence in the next year. It is anticipated that the outcome of the negotiations will result in substantial benefits flowing to the Martu People including business and economic development opportunities, employment and land management and compensation. WDLAC and the State Government had been discussing the proposed Indigenous Conservation Title Bill. WDLAC made its expectations clear to the State regarding the negotiation process and the future of Karlamilyi however with the recent change in government, WDLAC is not yet aware of how the new State Government intended to pursue the matter. WDLAC and Rio Tinto also worked together to successfully conclude Rio’s sale of the Kintyre uranium deposit and associated tenements. WDLAC looks forward to working with the new owners Cameco and Mitsubishi over the coming year. Kanyirninpa Jukurrpa plays a vital role in the protection and promotion of Martu cultural and heritage resources, and the development of an economic base for Martu in their communities, based on their culture, knowledge and skills. It has expanded its activities and funding base substantially during the past year and continues to be an invaluable part of WDLAC. The business and administration office in West Perth is functioning well and is staffed by the CEO, CFO, in-house counsel, book-keeper/office manager and a future acts officer. Being located in Perth gives WDLAC staff access to the resources needed to operate efficiently as well as being conveniently located near the National Native Title Tribunal, State Government and the offices of various resource companies. The office in Cotton

Report of the Chief Executive Officer

- Mr. Clinton Wolf

In my role as CEO I have continued to work towards the efficient and proper management of land access and land use proposals as well as the protection of cultural heritage. Another important priority has been to continue to assist the Martu People to secure economic development opportunities within the area of their native title determination.

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Creek allows for information to flow through to the Martu community and easy access for the Martu People to WDLAC staff. In the coming year, WDLAC will continue to ensure that it is properly staffed and resourced in order to effectively and efficiently manage Martu People’s native title rights and interests including protecting and maintaining law and culture. I would like to thank the Chairperson and the Governing Committee for their work throughout the year as well as the staff of WDLAC. Thanks must also be given to those mining and exploration companies that have supported WDLAC throughout the year. Clinton Wolf Chief Executive Officer September 2008

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1. Introduction

The Western Desert Lands Aboriginal Corporation (WDLAC) is the Prescribed Body Corporate for the Martu People of the Central Western Desert region in Western Australia with offices located in Newman, Cotton Creek and Perth.

Karlamilyi

The Martu People are the exclusive native title holders of 136, 000 square kilometers of land within the Central Western Desert region. The population of Martu people living on or adjacent to the determined native title area is approximately 2500 people. The main local communities within the area are Punmu and Cotton Creek. WDLAC is extensively involved in numerous projects for the cultural, social and economic benefit of the current and future generations of Martu People.

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2. Governance

WDLAC was originally incorporated under the Aboriginal Councils and Associations Act

1976 (Cth) but now falls under the Corporations (Aboriginal and Torres Strait Islander)

Act 2006. It is the Registered Native Title Body Corporate holding Martu Title on trust for the Martu People, by order of the Federal Court dated 17 July 2003. WDLAC is therefore responsible for managing all activities affecting Martu Title. WDLAC is authorised to enter Agreements for and on behalf of the Martu People, pursuant to the Native Title Act, the Native Title (Prescribed Body Corporate) Regulations

1999 (Cth) and its Rules of Association. WDLAC is represented by a board of twenty-seven Governing Committee members made up of representatives of all Martu land areas. Decision making is made by consensus of the Governing Committee at regular Governing Committee meetings pursuant to its Rules and traditionally through its Council of Elders on country. Teddy Biljabu, the Chairman of the governing committee, is responsible for the operations of the governing committee. In conjunction with the CEO, Clinton Wolf, the Chairman also has responsibility for implementing the policies of the governing committee. The CEO has sole responsibility for administrative management, including staff and finances.

Area around Lake Disappointment

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3. Land Access Negotiations

Exploration

WDLAC has been negotiating land access agreements since 1 July 2007, when it took over responsibility for the negotiations from the Central Desert Native Title Services. WDLAC now has a comprehensive standard land access agreement which protects Martu’s native title rights and interests and heritage, while allowing companies to explore for resources on Martu land. The standard agreement not only provides for the grant of tenements but also has conditions relating to uranium exploration, cross cultural awareness programmes for the explorers and access to the tenements. A number of land access agreements have been entered into with grantee parties for the grant of exploration and prospecting licences with many more land access agreements in the process of negotiations. Most companies are happy to enter into the land access agreement however there are always grantee parties who are of the view that they should be able to access Martu lands without talking to Martu, through WDLAC, first. Kitchener and Scimitar

Last year it was reported that Kitchener Reources and Scimitar Resources refused to sign a land access agreement with WDLAC and the matter was being decided by the National Native Title Tribunal (“NNTT”). In the end the State Government withdrew its statement that the expedited procedure applied. This meant that the applications could not be fast tracked and Martu had the right to negotiate over the exploration tenements. This was a good result for Martu. Scimitar and WDLAC are still negotiating a land access agreement but WDLAC expects that agreement will be reached soon. There have been no discussions with Kitchener to date.

Petroleum Exploration

Over the last year there have been a number of applications for petroleum exploration permits. The State Government has also opened up large areas of Martu land so that companies can apply to explore for petroleum. WDLAC is developing a standard land access agreement for petroleum exploration similar to the agreement for mineral exploration. WDLAC is

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currently negotiating an agreement with Lucas Energy to allow them to have a petroleum exploration permit and access to Martu land. Recently, the State wrote to WDLAC to tell us that they wanted to release a large area of land for petroleum exploration around Lake Waucarlykarly. WDLAC wrote to the Department of Industry and Resources and said that Lake Waucarlykarly is a very significant area for Martu People and that no exploration for petroleum should be allowed in that area. As a result of the letter, DoIR now will not let petroleum explorers apply for permits over Lake Waucarlykarly.

Mining

WDLAC and Reward Minerals were in negotiations about a proposed potash mine on and around Lake Disappointment. Although the financial terms were agreed on in March 2008, it was subject to a proper mining agreement consented to and approved by Martu People. WDLAC and Reward exchanged a number of draft agreements however Reward refused to accept or even properly discuss WDLAC’s draft agreement, which comprehensively protected the rights and interests of Martu. The company has now withdrawn all offers previously made to the Martu People. WDLAC is disappointed by Rewards actions and has written to the company a few times encouraging Reward to meet with WDLAC to discuss its concerns.

Kintyre

During the course of the last year, WDLAC has been assisting Rio Tinto in relation to the sale of their Kintyre uranium deposit and tenements covering the deposit. WDLAC was actively involved in the sale process to ensure that Martu People’s rights and interests were protected and respected by the buyers. The successful bidder for the Kintyre project was a consortium of Cameco and Mitsubishi.

Andy Lloyd from Rio Tinto presents a painting of the Kintyre area to WDLAC in thanks for the work WDLAC and the Martu People did to help Rio Tinto sell the Kintyre Project

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4. Land Access Management and Agreement Compliance

WDLAC continues to ensure that companies who have land access agreements are complying with all the promises they made in the agreements. Some of the things that WDLAC does to make sure the agreements are being complied with include:

• Sending invoices to companies for any money the companies owes under their

agreements;

• Briefing anthropologists and archaeologists to ensure that heritage surveys are

conducted according to Martu requirements;

• Briefing Kanyirninpa Jukurrpa to deliver cross cultural awareness programmes

to companies, their employees and contractors; and

• Liaising with companies about employment and training opportunities for Martu

People.

Managing compliance with agreements is very important and WDLAC is implementing measures to ensure that compliance is properly monitored however a lack of funding and staff time can make this difficult.

Heritage protection

During the 2007-2008 financial year, WDLAC engaged Anthropos Australis Pty Ltd to manage and conduct Aboriginal Heritage Surveys within the Martu Determination Area. WDLAC does not presently have the capacity to conduct Aboriginal Heritage surveys internally. Anthropos Australis were engaged as they have extensive experience in aboriginal heritage management. Surveys completed include:

• Ausquest - Table Hill Project Area

• Newcrest-Terringa Project Area

• Newcrest - Westwin Project Area

• Reward Minerals -Lake Disappointment Project Area

• Independence Group NL -Mt Isdell Project Area

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Ausquest Heritage Survey

All of the heritage surveys were conducted pursuant to land access agreements or during the course of mining negotiations. The survey methodology used was either Work Program Clearance or Work Area Clearance, both of which provides the necessary Aboriginal heritage compliance for the exploration/mining companies consistent with the Aboriginal Heritage Act 1972, as well as Martu’s legally recognised native title rights to protect and preserve their sites and objects while observing traditional obligations within customary law. Aboriginal heritage surveys are usually taken over large tracts of country and the use of helicopters is common. Where there are gender specific issues, both male and female anthropologists and archaeologists work with Martu men and women respectively. On some occasions, younger Martu people participated in the Surveys providing them with the invaluable opportunity to be on country and learn from their Elders. Parts of the survey are filmed so that WDLAC and Martu people have a permanent record of the survey. This also means that Martu people who didn’t go on the survey can see what happened on the survey. Photographs of the survey and the survey participants are also an important record of the survey. It is standard practice for survey teams to be photographed at the end of every survey. A survey report is then prepared by the anthropologist or archaeologist, and after consideration by the appropriate Martu People, provided to the company.

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WDLAC also undertook a number of Aboriginal heritage monitoring programs pursuant to land access agreements signed with companies. Monitoring usually involves two or more Martu Heritage Monitors who work co-operatively with representatives of the companies in monitoring their ground disturbing activity, such as the construction of tracks, drill pads and drill holes, often in very remote areas.

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5. Community Development

Martu Trust

With a number of major negotiations underway in the last financial year, there was a great need for Martu People to think about how compensation from these agreements would be managed and used to ensure that current and future generations of Martu People would benefit. WDLAC has been looking into the establishment of a trust that money could be paid into and which would provide opportunities for the Martu people to significantly improve their quality of life through community driven initiatives designed to address considerable gaps in areas such as health, education, employment and training, economic and business development, community development and law and culture.

WDLAC developed a consultation strategy in order to ensure that Martu People controlled the discussion process about what sort of trust people would like, what their vision for the future was and how they would like money to be spent. The consultation strategy involves a number of “roadshows” where WDLAC staff and consultants travel to all the communities where Martu People live to provide information and have discussions about the trust. One roadshow has been completed and there will be a few more this year as well as some community meetings. The consultation strategy, which was developed with the assistance of Kanyirninpa Jukurrpa, also involves a visit to Kununurra by a Martu representative group to workshop the establishment and operation of the Gelganyem and Kilkiyi Trusts which has been operating successfully for a number of years. There is still a great deal of work to be done before the trust can be set up and WDLAC looks forward to working hard with the Martu People in the next year to ensure that it is set up properly and for the benefit of all Martu People for generations to come.

Martu Representatives talk to Mr. Ben Ward, Miriuwung Elder, about setting up trusts and community development projects.

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Martu Representatives met with the Relationship Committee for the

Gelganyem and Kilkiyi Trusts at Home Valley Station in Kununurra

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6. Kanyirninpa Jukurrpa

Kanyirninpa Jukurrpa has expanded its activities and funding base substantially during the past year. Its objectives remain the protection and promotion of Martu cultural and heritage resources, and the development of an economic base for Martu in their communities, based on their culture, knowledge and skills. In relation to the first of these objectives, the following were highlights during the year:

• The successful commencement of a three year ARC funded ANU research project along the Canning Stock Route, to document all of the heritage sites, particularly including rock art. Over 20 Martu people accompanied this project and supported its work.

• A very successful gathering in Bidydanga of desert elders from the entire length of the Canning Stock Route (from Billiluna and Balgo to Wiluna). This meeting resolved to work together to protect this iconic desert country, its stories and its sites.

• Filming of Cleared Out, Yuwali’s story. A large contingent of elders and young people made a long trip back to Wirnpa country with the film-makers, to film large segments for use in a documentary likely to be screened on the ABC.

Martu elders lead young adults to pay respects to Yimiri, on the trip to Wirnpa

• The completion of the initial version of the Martu Genealogy, a digital set of family trees including thousands of individual Martu, and combining genealogical research from the 1950s to 2001. This Genealogy will be made available to Martu people, and will form an authoritative resource for

generations to come.

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• The completion of a cultural awareness DVD Wangka-lampaju by Martu Media, which outlines the Indigenous history of Newman, and the culture and history of the Indigenous people living there. This includes both the Nyiyaparli and the Martu stories.

• The successful conservation and preservation of Yintakaja-lampajuya, the Martu Map. This map, made on three large doors by Martu elders in Punmu in 1987, is an item of enormous social, cultural and historical significance. It was a key resource throughout the Martu people’s struggle for land rights. It has now been professionally restored, and full-size duplicates will be made available in Martu communities.

• Funding and planning of the Martu film festival, to take place in Parnngurr between September 28 and October 1.

The development of an economic base for Martu people, based on activities that can be conducted in or from their communities, and based on their knowledge and skills, will take time to develop. Nevertheless, this year saw the foundation laid for rapid development in future years:

• The major focus in the past year has been the creation of a long-term strategy for funding and conduct of large-scale natural and cultural resource management. A substantial report was compiled for the Department of Environment, Water, Heritage and the Arts, identifying the need for resource management on Martu lands, which are more than twice the size of Tasmania. As a result of this report, funding submissions have been lodged for multi-year programs, which should see many Martu employed in resource management in coming years.

• Martu Media was funded by the Pilbara Development Commission, to set up a self-sufficient business employing young Martu in film and other media production. Training and employment in this media initiative have been highly successful, and a stream of commissions for work is being built upon.

• Cultural awareness training for mining companies and other bodies is becoming a more stable line of business. All mining companies operating on Martu lands have a requirement to receive cultural awareness courses from Martu people. Over 20 Martu were involved in delivering these courses during the year.

• The Communications Unit, which addresses issues of cross-cultural communication for the benefit of Martu and those that deal with them, has been funded and set up. One Martu man, Desmond Taylor, is employed fulltime in this unit, and will work with a team on commission, preparing and executing cross-cultural communications strategies for many government and corporate clients.

• Field consulting is becoming increasingly successful. Over 50 Martu people worked on assignments including the ANU Canning Stock Route project, tracking and identification of animals for the Threatened Species Network, assistance to the WA Department of Environment and Conservation and consulting for Murdoch University.

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Lindsay Bidu and Brett Booth show participants in a DEC Landscope tour how to dig for a maruntu

In addition to these activities, Kanyirninpa Jukurrpa has undertaken a large-scale program of housing renovation in Parnngurr, with funds of almost $1m from the Department of Housing and Works. This program has included:

• Refurbishment of the plumbing wherever necessary, including new hot water services in almost all houses.

• Repair of critical plumbing faults that saw the loss of hundreds of thousands of litres of water each day.

• Repair of critical electrical faults in all houses.

• The full renovation of 5 abandoned houses, all now occupied.

• Commencement on construction of two additional houses in place of pre-existing shelters.

All of this work has been very successful, and completed within budget. It represents a new model for efficient delivery of housing outcomes, using tradesmen from the eastern states who provide their services often for much lower than Pilbara market rates.

With Martumili and the Healthy Lifestyle Program, Kanyirninpa Jukurrpa has secured the generous support of BHP Billiton to provide staff housing in all Martu communities. BHP Billiton has recognized that the achievement of genuine improvements in education, health and employment for Martu requires staff living in Martu communities. Kanyirninpa Jukurrpa conducted an effective lobbying trip to Canberra and Sydney. This included discussions with the Minister for Families, Housing, Community Services and Indigenous Affairs, the Minister for Environment, Water, Heritage and the Arts, a three hour presentation to national office staff from those departments, presentation of a major report to the Indigenous Policy Branch of DEWHA and a presentation to staff and supporters of Social Ventures Australia.

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A Martu delegation, together with Lieutenant-General John Sanderson, meets with Peter Garrett, the

Minister for the Environment,