ymac annual report 2005

annual report 2005

Y A M A T J I M A R L P A B A R N A B A B A M A A J A A B O R I G I N A L C O R P O R A T I O N

Letter of Transmittal

Edited by Marjorie [email protected]

YMBBMAC thanks the following staff for their photographic contributions: Justin Cvitan, Zen Davison,Charmaine Jones, Nick Kimber, Kali Napier, Mustafa Qadri, Robin Stevens and Marjorie Syddall.Special thanks to Robert Gordon Photography and Range River Gold for their images.Photo this page Pelican Point, Carnarvon. Image courtesy of Robert Gordon Photography.Back cover photo courtesy of Robert Gordon Photography.

Senator Amanda VanstoneMinister for Immigration and Multicultural and Indigenous AffairsParliament HouseCanberra ACT 2600

15th October 2005

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 BarnaBaba Maaja Aboriginal Corporation together with the organisation’s auditedfinancial statements for the financial year ended June 30, 2005.

Yours sincerely,

Anthony Dann Neil FinlayCo-Chairperson Co-Chairperson

YAMATJI MARLPA BARNA BABA MAAJA ABORIGINAL CORPORATIONYAMATJI LAND AND SEA COUNCIL PILBARA NATIVE TITLE SERVICE

NATIVE TITLE REPRESENTATIVE BODY

Contents4 Co-chairperson’s Report

5 Executive Director’s Report

6 The Legal Environment

10 The Political Landscape

14 The Economic Backdrop

15 An Overview of the Organisation

20 The Committees

22 The Staff

30 Facilitation and Assistance

42 Certification

44 Dispute Resolution

46 Notification

49 Agreement Making

50 YMBBMAC Negotiated Agreements

52 Internal Review

53 Other Functions

55 Financial Report


Glossary of TermsALO Aboriginal Liaison Officer

ALT Aboriginal Lands Trust

APLA Amalgamated Prospectors and LeaseholdersAssociation of Western Australia

BLAC Badimia Land Aboriginal Corporation

CALM Department of Conservation and Land Management

CFO Chief Financial Officer

CPA Certified Practicing Accountant

DIA Department of Indigenous Affairs (State)

DIMIA Department of Immigration and Multicultural and Indigenous Affairs (Commonwealth)

DOIR Department of Industry and Resources

ILUA Indigenous Land Use Agreement

MOU Memorandum of Understanding

MPU Major Projects Unit

NNTT National Native Title Tribunal

NTA Native Title Act 1993

NTRB Native Title Representative Body

OIPC Office of Indigenous Policy Co-ordination (Commonwealth)

ORAC Office of the Registrar of Aboriginal Corporations

PALC Pilbara Aboriginal Land Council

PBC Prescribed Body Corporate

PLO Principal Legal Officer

PNTS Pilbara Native Title Service

RLU Regional Legal Unit

SHA Standard Heritage Agreement

SKA Square Kilometre Array

SOU Strategic Operations Unit

YLSC Yamatji Land and Sea Council

YMBBMAC Yamatji Marlpa Barna Baba Maaja AboriginalCorporation

annual report 2005

In looking back over the previousreporting period, it is a pleasure to beable to observe all the good work thathas been done on behalf of the traditionalowners of the Yamatji and Pilbararegions. As co-chairs of the YMBBMACGoverning Committee and as traditionalowners, we recognise that this is largelythe result of a dedicated staff, led by acommitted and effective managementteam.

These achievements are also the resultof the time and effort put in by everymember of the two regional committeesand the YMBBMAC Governing Committee.The insight and work of committeemembers has played a considerable part,once again, in the success of theorganisation and we would like to thankall committee members for their support.

This annual report will detail the variousagreements that have been reached onbehalf of traditional owners by theorganisation. With future act negotiationscontinuing to be an area of considerableactivity for YMBBMAC, we are confident ofdelivering more native title outcomes inthe regions in the coming years.

This year has also shown the importanceof full openness in native titlenegotiations. Many of the future actagreements outlined on page 50 havedemonstrated the value of transparencyand co-operation by mining companieswith native title working groups. Whenproponents come to the negotiating tablewith full information and commitment toreaching an agreement, the result is almost always a short and positivenegotiation followed by quick agreement.

We would especially like to thank thosecompanies that have shown leadershipand vision in this regard. In an attempt to convert more companies to follow thislead, in the 2005/06 reporting period weare hosting a stakeholders’ event inwhich we will address many of the

concerns held by stakeholders andpromote the value of positiverelationships between claimants andproponents.

Our activity at a state and national levelhas remained high, with the organisationmaking it a priority to have the rights andinterests of traditional ownersconsidered by government. In thisreporting period, the organisation hasprovided four parliamentary submissions– three at a commonwealth level and oneat a state level. All four submissionsstressed the importance of usingworking groups to ensure that law andculture are considered in governmentpolicy decisions. The same message wasdelivered by YMBBMAC representatives to a senate hearing into theadministration of Indigenous affairs.Delegates urged the CommonwealthGovernment to consider the value ofworking groups when deciding the futureof Indigenous governance in Australia.The two Governing Committee Chairs, the Executive Director and the PrincipalLegal Officer provided evidence inFebruary to this hearing.

We would like to thank all who haveworked to make 2004-5 such a successand look forward to building on theseachievements in the coming years.

Co-chairpersons’ Report

This year hasshown the

importanceof full

openness innative title

negotiations

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Anthony Dann

Neil Finlay

Near Paraburdoo Image by Zen Davison

YMBBMACRepresentativeAreas

PilbaraRepresentative Area

YamatjiRepresentative Area

This financial year has seen YMBBMACreceive additional funding from theCommonwealth in order to meet theincreasing demands on the organisation,including those resulting from the Pilbaramining boom; the need to progress thesouth-coastal claims in the Yamatji region;and demand for much needed capitalreplacement and new vehicles. While theimportance of addressing the first two issuescontinues to be compelling, there was agenuine and pressing need for funding forcapital replacement and new vehicles.Addressing this significant issue hasremoved potential occupational health andsafety risks resulting from old vehicles beingdriven in remote areas.

An assessment of the year in terms of itsperformance when compared with theprojections contained within theorganisation’s operational plan will reveal thatYMBBMAC has once again achieved excellentoutcomes. Its achievements continue to beimpressive, delayed only by the ongoingproblem of staff turnover – particularly at a regional level.

Closer scrutiny of this publication will revealthe extent of YMBBMAC’s successes andachievements on behalf of our clients, thetraditional owners of the Yamatji and Pilbararegions of Western Australia. The year hasincluded a number of significant milestonesand outcomes, including:

• Handing custodial care of Walga Rock toits traditional owners.

• The Ngarluma Yindjibarndi native titledetermination.

• Future act agreements signed withmining companies, including BHP Billiton,Range River, and Gunson Resources.

• The submission of a connection report forthe Thudgari claim.

• The resolution of the overlap betweenNgoonooru Wadjarri and the Wajarri Elderclaims and the subsequent formation ofthe Wajarri Yamatji claim.

The current reporting period of 2005-6 isalready proving to be one of intense activity

and we expect the next few years tomaintain this momentum. Huge investmentis taking place in our regions, resulting fromthe resources boom. YMBBMAC prides itselfon reaching agreements in an upfrontmanner, providing full information in all ourdealings and working to achieve mutualunderstanding with proponents throughoutthe process. Considerable pressure can, attimes, be placed on native title claimants inorder to meet the demands of industry.YMBBMAC must be adequately resourcednot only to ensure that the rights andinterests of claimants - our clients – areprotected, but also to assist the expansionof the resources sector by ensuring that the future acts process functions as well as possible.

YMBBMAC has sunk more focus andresources into achieving native titledeterminations. As part of this, we expect to have an increase in the number ofconnection reports produced by ouranthropologists and researchers. Newappointments within the organisation are expected to produce an increase inachievements in heritage-related matters as well as stability in the claims andresearch activities.

We are also sad to see David Ritter leave as Principal Legal Officer. David has shownenthusiasm, dedication, commitment andenduring vision in his work with theorganisation. However, while we may belosing him as PLO, David is being retained on a part-time basis in order for theorganisation to continue to enjoy hisconsiderable corporate memory.

Once again, I would like to express mypleasure at having the opportunity to workwith both the Yamatji and Pilbara committeemembers. In particular, I wish to highlight the positive and fulfilling workingrelationship that I have built with the twoGoverning Committee chairs, Anthony Dannand Neil Finlay. I look forward to workingwith the committees in the continueddevelopment of the organisation for thebetterment of our clients.

Executive Director’s Report

YMBBMACprides itself on reachingagreements in an upfrontmanner

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Simon Hawkins

Quobba Station, Carnarvon Image courtesy of Robert Gordon Photography

Connection reports andnegotiations for consentdeterminations and alternativesettlements

YMBBMAC recommends seekingdetermination of native title applicationsby consent. This approach is the mostefficient and satisfactory way ofobtaining recognition for traditionalowners as it avoids expensive andstressful adversarial hearings. In otherwords, it seeks determinations by theFederal Court that are reached with theconcurrence of the respondent parties.

In order to achieve this, YMBBMAC hasbeen submitting connection reports tocomply with the State of WesternAustralia’s “Guidelines for the Provisionof Information in Support of Applicationsfor a Determination of Native Title”,published in October 2004. The State willnot generally enter into consentdeterminations for native title withoutconnection reports being submitted inthis way.

In addition, where it is in the bestinterests of the traditional owners,YMBBMAC also may recommend thatthey enter into negotiations foralternative settlement agreements withrespondent parties. This is an alternativeto obtaining a determination of nativetitle. The State is currently working on apolicy for such alternative settlements.

In the reporting period, a connectionreport was submitted on behalf of theThudgari People in the Geraldton region.Supplementary work has been carriedout on connection material for theBadimia People and the KarriyarraPeople following connection reportssubmitted in previous reporting periods.Work is continuing on a connectionreport for the Nyangumarta claim whichis due to be provided later in 2005.

There have been intensive negotiationswith a view to arriving at a consentdetermination for the Ngarla people inthe Pilbara region in 2005. If successful,this will be the first consentdetermination in that region.

The only matters in the YMBBMACregions that are subject to Federal Courttime-tabling orders for a trial are the Yugunga-Nya and Badimia claims in theGeraldton region. These have resultedfrom overlaps with claims in theGoldfields region which are beingprogrammed for trial; that is, primarilythe Wutha and Ngalia Kutjungkatjaclaims. The Badimia overlap is only avery small, almost technical, one but theYugunga-Nya overlap is moresubstantial. The matters are currentlylisted for hearing to commence inDecember 2005. Substantial effortshave been made to resolve the overlapswhich would remove the claims from thetrials and this has resulted in acollaborative arrangement with theGoldfields Land and Sea Council.

The Legal EnvironmentYMBBMAC

recommendsseeking

determinationof native titleapplications

by consent


What is Native Title?Native title is the legal recognition in Australia that a system of law andland ownership was held by societies of Aboriginal people beforecolonisation and may exist today. The law recognises the existence ofnative title when it is demonstrated that a traditional connection to landand waters has been maintained and where it has not been removed bygovernment acts.

Native title may exist in vacant crown land; some national parks; sometypes of pastoral lease; and some land held for Aboriginal communities.It can sometimes also exist for inland and coastal waters which are notprivately owned: public rights of access to these areas will not beaffected.

Native title is extinguished in any area where freehold exists; native tilecannot take away anyone else’s valid rights; no homes or mining leaseswill be lost as a result of native title; and where there is a conflictbetween native title rights and the rights of another person, the rights of the other person always prevail.

Trevor Solomon welcomes the Federal Court on behalf of the Ngarluma People Image by Marjorie Syddall

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Determination and appeal inNgarluma Yindjibarndi claim

In the last report a detailed analysis of the decision by Justice Nicholson was given. Following furthersubmissions and decisions on specifictenures, a determination was formallyhanded down by Justice Nicholson inRoebourne on 2 May 2005. A celebrationon country followed.

YMBBMAC lodged an appeal on behalf ofthe Ngarluma and Yindjibarndi people inMay 2005 on a few discrete legal issuesconcerning the findings that fivepastoral leases extinguished native title;the geographical limits on the exercise of rights within the determined area; the findings on the application of s47A to the Mount Welcome properties andthe finding that temporary reservesexcluded the operation of s47B. Sections 47A and 47B allow pastextinguishment to be ignored incircumstances where those sections apply.

The State has lodged a cross-appeal onthe way the groups were described inthe determination and the finding thatthe Ngarluma people had native titleover the Karratha area. TheCommonwealth has also lodged a crossappeal on the decision to allow morethan one prescribed body corporate tobe appointed for an overlap areabetween the two groups and a similarappeal to ours on the pastoral leasesextinguishing native title.

The Wong-Goo-Tt-Oo claimants soughtleave to appeal out of time to challengethe decisions that they did not holdnative title as a separate group. Thisleave was granted in July 2005.

Preservation evidence

During the reporting period, preservationevidence of Eastern Guruma witnesseswere taken. The Eastern Guruma claim isnot represented by YMBBMAC but theorganisation acts for some otherclaimants with overlapping claims andinterests.

Preservation evidence was also taken fora senior Nyamal claimant in a hearing atPort Hedland in June 2005, following avideo recording of relevant parts of theclaim area.

Appeal on an expedited procedurematter

YMBBMAC brought an appeal from thedecision of the National Native TitleTribunal on the question of whether amiscellaneous licence for a mining camp,which creates rights that would amountto major physical disturbance, wouldqualify for the expedited procedure.Unfortunately the appeal was notsuccessful but a further appeal to theFull Court of the Federal Court has been

(Below) Justice Nicholsonescorted on to country Image by Marjorie Syddall

Dancing after the Ngarluma Yindjibarndi determinationImage by Marjorie Syddall

lodged. The decision is important in theapplication of the expedited procedurebecause if the appeal is successful, it will mean that the expedited procedurewill not apply where the tenementcreates rights that involve major physicaldisturbance.

Warden’s court and independentperson hearings

In relation to certain mining tenementapplications, YMBBMAC has receivedinstructions to lodge objections beforethe warden. In an important decision inDecember 2004 in BHP Billiton vKarriyarra Native Title Claimants, thewarden held that in relation toinfrastructure mining tenements, nativetitle claimants are to be given the sameprocedural rights as private land ownersfor the purposes of the Mining Act. Thiswould include not having one’s landmarked out without an entry permit firstbeing obtained. The warden alsoconfirmed the right of native titleclaimants to make objections based on

public interest matters such as nativetitle rights, heritage and environmentalissues.

YMBBMAC has also acted for claimants in proceedings before the independentperson on whether objections tomiscellaneous licences are upheld unders24MD(6B) of the Native Title Act. Thesehave resulted in decisions clarifying therequirements of consultation. YMBBMACalso acted in the first decision of theIndependent person (KurumaMarduthunera Native Tile Claimants vMineralogy, delivered in May 2005) in which objections of the native titleclaimants have been upheld.

The Legal Environment (cont.)


What is aDetermination?When a court makes a decision aboutwhether native title does or does notexist in a particular area of land orwaters, it is referred to as adetermination.

Where a determination is said to exist,the rights and interests of the native titlegroup will also be set down.

The process of determining native titletends to take a considerable amount oftime and is often a complicated process.

Kennedy Ranges Image courtesy of Robert Gordon Photography

(Below) Wajarri traditionalowner Colin Hamlett

examining local bush medicine

Image by Kali Napier

9

Njamal traditional owners Alice Mitchell and Biddy NormanImage by Justin Cvitan

Working groups and sharedresponsibility agreements

One of the most significant challengesfacing NTRBs is taking instructions from acommunity of traditional owners. Theprimary way that YMBBMAC hasaddressed this is through theestablishment of working groups - settingthe organisation apart in terms of itsefficient operation; its support from itsmembership; and its ability to producesuccessful, lasting agreements. Thesystem is unique to the organisation,although it is based on a similar and veryeffective process used in the Kimberley.

YMBBMAC has actively promoted workinggroups to government as the mostculturally appropriate means of consultingwith traditional owners. The groups offergovernment a decision-making structurethat is authorised to speak on behalf thecommunity it represents. They are notonly used for native title claims, but alsofor a number of other purposes, includingland management.

The current situation: the engagement gap

There is an obvious need to bridge the gapin engagement between traditionalowners, government and stakeholders:

• There is much uncertainty and overlapin the way that government andstakeholders approach Indigenousissues.

• There are no clear channels foroutcome delivery to Indigenouspeople. Most action is taken using a‘top-down’ approach, which does notallow for a real understanding ofcommunities’ needs or for theirempowerment. The consequence isthat well-intentioned initiativesinevitably fail to deliver.

• The Howard Government is committedto pursuing shared responsibility

agreements, ensuring Indigenouscommunities and governments workin partnership to achieve tangibleoutcomes.

• The Western Australian Government iscommitted to making agreements withIndigenous people at regional and locallevels in accordance with theStatement of Commitment.

• Problems arise when there is not aclear line of communication withIndigenous communities, especially innegotiating shared responsibilityagreements/regional and locally-basedagreements.

• Governments across Australia largelyagree on the need for new ways ofworking with Indigenous communities.Many Indigenous people share theperception that things need to change.

The working group approach

Sharing responsibility betweencommunities, government, stakeholdersand business relies upon engagingcommunities in decisions about theirfuture:

• Working groups are groups of twelve tosixteen people who are authorised byAboriginal communities to makedecisions in accordance withtraditional Aboriginal law and custom.

• The groups provide an approach thatensures effective and reliablecommunication with Indigenouspeople.

• Working groups provide a frameworkfor engagement between traditionalAboriginal modes of decision-makingand those of the broader community,translating the governance processesof each across cultural boundaries.

• Approximately 30 working groupspresently operate throughout theMurchison/Gascoyne and Pilbararegions, making effective decisions

The Political LandscapeYMBBMAC

has activelypromoted

workinggroups to

governmentas the most

culturallyappropriate

means ofconsulting

withtraditional

owners

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Burringurrah (Mount Augustus) Image courtesy of Robert Gordon Photography

about land and water use over almosta million square kilometres of WesternAustralia.

• Negotiations through working groupsenable communities to acceptresponsibility for their decisions.

HOW DOES IT WORK?

• Working groups function as a kind ofwindow, or entry point, into existingsystems of Aboriginal decision-makingbased on traditional law and customand community norms.

• Members of working groups arenominated and authorised by therelevant Indigenous community, usingmethods which are appropriate totraditional law and custom andcommunity norms. They haveauthority from the community to makedecisions on its behalf.

• Commonly a working group consists ofa dynamic and representative mix ofpeople from the community - includingwomen and young people, who arerecognised as being future leaders.

• Each working group has its owntraditional laws and customs, giving ituniquely tailored decision-makingprocesses.

• Working groups receive legal, technicaland administrative support and advicefrom YMBBMAC; however, it isimportant to note that it is the workinggroup which instructs theorganisation’s officers – and not theother way around.

• When an Indigenous community isfaced with issues which are broaderthan land and heritage issues,mechanisms may be established forconsultation with those who are‘historical’ family groups or individualsin the area, even if they are nottraditional people with cultural rights to speak for the area. For example,when dealing with matters including

social and economic development.

ADVANTAGES AND EFFICIENCIES OFWORKING GROUPS

• Working groups have the decision-making authority and cross-culturalcapacity to enable communities towork with service-providers to planand deliver the services they reallyneed.

• Community decisions are meaningfuland durable, as they are made andenforced by traditional law andcustom.

• The structure already exists and canbe accessed immediately.

Taking it to a broader level – realising the community’s vision

The working group structure has untappedpotential to be a key element in the overallprocess of improving governance andoutcomes for Indigenous people, inconjunction with government andstakeholders. Working groups have thepotential to take a leadership role instrategic planning for their communities:

• The scope of working groups iscurrently limited to native title andland management issues but there isno reason why this role could not bebroadened.

• Working groups mean thatgovernments do not have to re-inventthe wheel. Only minimal investment incapacity-building would be needed asmuch of the infrastructure for workinggroups to take a leadership role instrategic planning is already inexistence.

• Governments and stakeholders coulduse this framework for the provision ofservices via the four-staged approachoutlined on the following page:

Workinggroupsfunction asa kind ofwindow intoexistingsystems ofAboriginaldecision-making

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The Burrup Image by Zen Davison

The Political Landscape (cont.)


TRADITIONAL SOCIETY•

The basic unit which elects and authorises the working group.

• Traditional owners are the people on whose behalf the vision is formed.

•The shared responsibility agreements will benefit and

involve these people.

WORKING GROUPS•

Working groups are the bodies authorised, through traditional law andcustom, to act as a conduit between their community, government and

stakeholders.

• They are pre-existing and sustainable consultative frameworks which can

be used to talk directly with Indigenous communities; creating long-standing, communally-binding decisions and serving the mutual interests

of Indigenous groups and government and/or stakeholders.

•Facilitators, as well as ongoing technical and secretariat support, are

essential in the effective use of working groups; they provideadministrative support and help to translate technical

information.

VISION•

In order to ensure that working groups are proactive rather than reactivebodies, a vision would be established by the working group - a ‘big picture’

direction and strategy for a community and its assets.•

The vision may encompass goals ranging across a spectrum of areas -including health, social, educational, environmental, economic and cultural

visions.•

Importantly, the vision would support, rather than foreclose, individualaspirations which may include education, private home ownership,

business development or employment.•

The existence of a vision ensures that shared responsibility agreementswill be focussed on strategic and realistic community goals and that they

will consequently provide desired outcomes. It will make certain thatstakeholders have a clear picture of the needs of the group so that they

can identify and focus on common objectives.•

Appropriately skilled facilitators and advisers are an integral part of thisprocess. Facilitators would help the working group identify the

community’s needs, giving the group high ownership and uptake of thevision and assisting the group to formulate realistic goals and present

them in a functional form.

CAPACITY BUILDING•

After the identification of a vision, it is critical that the community beprovided with the opportunity to build their skills and abilities in

negotiating agreements and in managing the outcomes and obligations ofagreements.

•To build a group’s capacity to negotiate, it is important that there be a clear

division of roles among the community members with responsibility fornegotiating; access to quality information and advice; and strong lines ofcommunication, which enable community members to be kept informed

and to authorise specific commitments.

•The development of a working group’s management capacity focuses onbuilding workable systems and clarifying structural issues such as the

legal identity of the group and the establishment of trusts or othergovernance structures.

SHARED RESPONSIBILITYAGREEMENTS/REGIONAL

PARTNERSHIP AGREEMENTS•

Shared responsibility agreements/regional partnership agreementsintegrate and successfully utilise the extensive range of support

services available to Indigenous communities, from both thegovernment and the private sector.

•Shared responsibility agreements/regional partnership agreementswould be founded upon the community’s vision - and central to theagreements is the recognition of mutual aims. The agreements willincorporate an understanding that both parties are committed to

performing their duties and obligations in order to bring the vision to life.•

Appropriate and adapted outcomes will be efficiently delivered tocommunities and successfully acted upon by both the Indigenous

party and the government and/or stakeholder parties under sharedresponsibility agreements/ regional partnership agreements.

•As a part of their vision, Indigenous people may want agreements to

address objectives such as bringing an end to dependency; regainingcontrol and responsibility over communities and families; and ensuring

that Indigenous social capital is respected, utilised and developed.•

The agreements would assist stakeholders to invest effectively incommunities, particularly as relevant government agencies are able to

join the partnership to provide services necessary to ensure thecommunity is appropriately supported and able to fulfil its obligations.

Paraburdoo Image by Robin Stevens


SHARED RESPONSIBILITYAGREEMENTS/REGIONAL

PARTNERSHIP AGREEMENTS(cont)

•Once an agreement is in place, the facilitator is replaced by a ‘coach’ whoserole it is to provide the working group with ongoing capacity building, so as

to develop the group’s skills and expertise as it engages in the sharedresponsibility agreement/regional partnership agreement.

DEVELOPMENT OF STRUCTURES•

Development of a structure which would provide a framework forengagement with Indigenous people should begin with the working groups,

as a pre-existing, reliable and authoritative mechanism for communitydecision-making.

•Working groups and communities should be provided with the opportunity,

through a process of planning and capacity building, to envisagerepresentative structures that meet their needs.

•Representative structures should provide an interface for engagementwith communities, not a means of imposing non-Aboriginal decision-

making processes.•

The creation of a structure for dealing with government and industry onbehalf of a community should not be viewed as an end in itself, but rather

the beginning of a process of sharing responsibility.•

Structures should be developed with awareness that the proliferation oflegal structures across Aboriginal communities needs to be reviewed.

A BRIDGE WITHCOMMUNITIES:

THE ROLE OF YMBBMAC•

Working groups have the capacity to transform the relationship betweenIndigenous communities, government and other stakeholders. However,

without experienced facilitation and support, there is also the potential forthem to become a channel for the imposition of an externally developed,

non-Aboriginal vision for a community, rather than its shared development.

•

Indigenous people, in general, have a suspicion of bureaucrats andconsultants that arrive in their communities to solve their problems.

A strong relationship - and an element of trust - is fundamental to successfully facilitating a vision for, and building the capacity of,

Indigenous communities and the structures they choose to represent them.

•

Working groups, or other structures, which incorporate and valueIndigenous methods of decision-making operate differently from non-

Indigenous entities. Knowledge of working group processes, the demandsplaced upon them by their complex task of managing the interface

between two cultures, and the issues which face Indigenous communitiesare essential for those working with communities to develop and

implement their visions.

•

YMBBMAC is ideally positioned to facilitate a process, capitalising on theexistence of working groups by which communities define their visionsand enter into shared responsibility agreements. The organisation has a strong relationship with Indigenous communities in the Pilbara and

Yamatji regions and understands the issues confronting thosecommunities. YMBBMAC is experienced in facilitating working groups andmanaging the complex cross-cultural dynamics of integrating Aboriginal

and non-Aboriginal world views. As a result of our engagement withworking groups, the organisation has seen their potential to act as a

catalyst for change within their communities and is excited about further developing that potential.

BENCHMARKING & AUDIT•

The representative structure developed by working groups andcommunities to implement their vision and interact with government and

industry must be accountable to the community it represents, theindustry groups with which it deals, and the public.

•The operations and decision-making of the structure developed by working

groups and communities should be transparent as well as measuredagainst agreed objectives and associated indicators to gauge success.

BENCHMARKING & AUDIT (cont)•

A process of benchmarking and auditing should be built into the structureand actively implemented by that structure, with facilitative, coaching and

administrative support.•

Development of an understanding and ability to practically implementbenchmarking and auditing processes should be a key tenet of the

capacity building of the working group.

Yamatji wildflowers Image courtesy of Robert Gordon Photography

An update on the Pilbara mining boom

The Pilbara resources boom continues to reflect vigorous international demandfor raw materials. The US property sector,Chinese steel mills and Japanesemarkets have prolonged high prices foriron ore, coking coal and copper. ThePilbara is the epicentre of an economic‘super-cycle’ in resource prices, driven by an escalation in global constructionand manufacture. How long the boom will be sustained is a contentiousquestion, but even if internationaldemand slackens it will be at leastanother 18 months before there is anyeffect on the minerals rush in the Pilbara.The West Australian landscape is beingtirelessly reshaped by mining activity,strengthening the national economy aswell as individual wealth.

A stimulated marketplace for mineralshas allowed smaller companies to get afoothold in the Pilbara. The corporateterrain remains dominated by BHPBilliton and Rio Tinto, but the pastfinancial year has seen the rising

eminence of mid-tier corporations suchas Fortescue Metals Group, ConsolidatedMinerals and Newcrest Mining.Aggressive competition betweencompanies has resulted in tightdevelopment schedules and expedientmodels of doing business. Negotiationscontinue to take place in an atmosphereof profitability, where the success of ameeting is measured against the timecost of delayed production.

How the boom continues to affectAboriginal people

The Pilbara may be the hub of aneconomic boom, but the land alsoencompasses sites of Aboriginal culturalsignificance. As the boom shifts into theYamatji region, more Indigenous peopleare being affected by mining activity ontheir traditional lands, sometimes withpositive results for community building,sometimes with negative results.Resource development continues toprovide limited employmentopportunities for Aboriginal people, butindustry investment in regional healthfacilities and education programs hasbenefited some communities. Changingcorporate practices are beginning torecognise that traditional owners havespiritual and cultural rights vested in theland and that these rights that are notsubordinate to economic interests.

In stark contrast to the massive wealthgenerated by resource development in thePilbara, many Aboriginal people continueto live in abject poverty. The pressure onworking groups to make decisions quicklyis increasing as production deadlinesnarrow. YMBBMAC remains committed tonotions of equitable prosperity and dueprocess in native title. The boom periodshould see more benefits flowing directlyto Indigenous communities and morecompanies willing to work within aframework of integrity and respect for the rights of Aboriginal people.

The Economic BackdropIn stark

contrast tothe massive

wealthgenerated

in thePilbara,

manyAboriginal

peoplecontinue to

live inabject

poverty


New developments affectingYMBBMAC operationsAs the international resource market grows, so too does the incentive for international companies to increase their shareholdings inmultinational minerals corporations, or even to buy-out such corporationsin order to cement the supply line. It is conceivable that YMBBMAC, on behalf of the groups it represents, may be required to negotiatedirectly with Chinese trade emissaries in the coming financial year.

At the time of printing, the Federal Government has flagged a review of native title processes, with the objectives of increasing efficiency and reducing litigious activity in favour of negotiated agreements. The functioning of native title representation bodies will undoubtedly be addressed by these reforms.

Ochre from Yamatji country Image by Kali Napier

An Overview of the Organisation


About YMBBMAC

YMBBMAC is a native title representativebody (NTRB), operating under the NativeTitle Act 1993 and incorporated under theAboriginal Councils and Associations Act1976. The organisation has twooperational divisions. In the Murchison /Gascoyne it operates as the Yamatji Landand Sea Council (YLSC) and in the Pilbaraas the Pilbara Native Title Service (PNTS).

The primary role of the organisation is to conduct facilitation, certification,notification, dispute resolution, andagreement making functions under theNative Title Act 1993. YMBBMAC currentlyservices 30 native title claims, which areat various stages of the claim process.Over time, these claims should berationalised to approximately 25 – eachrepresenting a discrete and inclusiveAboriginal society. Many of the claimsrepresented by YMBBMAC involve areasof high mineral resource value and theorganisation must conduct extensive andcomplex negotiations with resourcedevelopment companies, including thebig players in the Australian resourceindustry.

YMBBMAC was first recognised as anNTRB for the Yamatji region in December1994. At the time, the Aboriginal LegalService also offered native titlerepresentation in the area, but YMBBMACbecame the sole NTRB for the region inApril 2000, in accordance withrequirements of the 1998 amendmentsto the Native Title Act. Later that year,YMBBMAC also assumed responsibility as the NTRB in the Pilbara region.

The organisation has a multi-layeredrepresentative structure, made up of agoverning committee and two regionalcommittees. But it also consultsregularly with its native title claimworking groups and its overallmembership.

YMBBMAC is open to all adult Yamatji and Pilbara Aboriginal people. Theorganisation has a current membershipof almost 900 Aboriginal people, though its activities as a native titlerepresentative body impact on theinterests of the majority of theapproximately 10,000 Aboriginal peoplerecorded in the 2001 census across bothareas. In addition, as residency is not arequirement of native title, YMBBMAC’smembership also includes people wholive outside of the representative areasbut who have a traditional connection to the land.

Access to YMBBMAC services is notcontingent on membership and theorganisation has numerous clients and stakeholders who do not chose to be members. All members are entitled to vote at their respective YLSC and PNTSannual general meetings and specialgeneral meetings.

POTOK ReportYMBBMAC was this year singled-out for praise because of its successfulstudent intern program and its clear achievements in attracting graduates tonative title law. The publication, The 2005 Report on the Native TitleRepresentative Body Lawyer Professional Development Project, stated thatYMBBMAC’s student placement program is the main reason for thesignificantly higher number of law graduates attracted to native title inWestern Australia than in any other part of the country.

The report, produced by Richard Potok and the Castan Centre for HumanRights Law in April, recommends a nationwide adoption of a student internprogram similar to that already in use at YMBBMAC. The student volunteerprogram has been in place at YMBBMAC since 2000 and has proved aremarkable catchment for recruitment.

The report identified the extensive promotional activities used by YMBBMACas one of the key reasons for the organisation’s success in recruitingstudents to its intern program. The involvement of the YMBBMAC PrincipalLegal Officer, David Ritter, who lectures at the University of Western Australiais also acknowledged as an influential factor.

YMBBMAC Governing Committee andstaff Image by Justin CvitanYMBBMAC Governing Committee andstaff Image by Justin Cvitan

YMBBMAC achievements

Throughout the course of the reportingperiod, YMBBMAC has achieved majoroutcomes for its clients. Theseachievements have been broad and have encompassed, among other things,native title negotiations, organisationaldevelopment, and the expansion of policydirection and scope.

YAMATJI LAND AND SEA COUNCILACHIEVEMENTS INCLUDED:

• The combination of the Wajarri Eldersand Ngoonooru Wadjarri claims to formthe Wajarri Yamatji native title claim.

• The collection of Wajarri registrationtest materials.

• An S.66B application for the removal of an applicant from the Wajarri Eldersclaim.

• Comprehensive agreements in relationto the excision and joint managementof Walga Rock and Wilgie Mia.

• The submission to the State of theThudgari Connection Report.

• The completion of additional researchon the Badimia Claim.

• Assistance was provided to theBadimia Land Aboriginal Corporation(BLAC) to ensure it was ORAC-compliant in relation to Wandarie Station.

• The excision of ‘The Granites’ fromWandarie Station.

• The placement of Gnullirepresentatives on the NingalooSustainable Development Committee.

• The lodgment and registration of theAmangu claim.

• Significant development was made inthe Geraldton negotiations, involvingNaaguja, Hutt River and Amangu.

• The successful sourcing of privatefunding for an economic developmentofficer and for two natural resourcemanagement officers.

• The production of YLSC quarterlynewsletters.

• The co-ordination of a joint workshopbetween YLSC and the NNTT.

PILBARA NATIVE TITLE SERVICEACHIEVEMENTS INCLUDED:

• The Federal Court formally handed downthe Ngarluma Yindjibarndi native titledetermination at Roebourne Reserve onMay 2. Celebrations were organised byPNTS and included a traditionalceremony.

• A prescribed body corporate wasestablished on behalf of theYindjibarndi People.

• The development of joint management ofMillstream-Chichester National Park byYindjibarndi People and CALM throughthe establishment of the Millstream ParkCouncil and the employment of twoYindjibarndi trainee rangers.

• A range of future act agreements weresuccessfully negotiated, including thosewith BHP Billiton and Range River Gold.

• The Ngarlawanga, Ngarla #2 and PKKP#2claims were lodged.

• The new South Hedland office wasopened.

• PNTS organised a bush meeting at YuleRiver attended by 750 traditional ownerswhich confirmed unity on issuesconcerning mining and heritage surveyson country.

• The appointment of two newanthropologists – bringing PNTS to fullanthropology staffing levels for thefirst time; the creation of the newsenior legal officer position; and theemployment of a full complement ofALOs and project officers.

• Preservation evidence for the Njamalnative title claim was taken before theFederal Court sitting in Port Hedland.

• The Federal Court mediation in PortHedland regarding an agreement withConsolidated Minerals Ltd.

An Overview of the Organisation (cont.)


Dawn at Millstream National Park Image by Nick Kimber

• Victory for Kuruma Marthudunera Peoplein an independent person hearing undersection 24MD of the NTA (first win inAustralia for native title claimants underthis section).

• A successful mediation between PKKPclaimants and Thalanyji claimantsenabling PKKP to file new a claim.

The YMBBMAC approach

Among NTRBs and others concerned withthe advancement of Aboriginal people’sinterests, YMBBMAC is highly regarded andis considered, by some, to be thebenchmark of good performance in thefield. YMBBMAC prides itself on working at the highest standards, with its activitiesand direction determined by its StrategicPlan. The organisation is committed tomaintaining and improving its operationalstandards in the promotion of its clients’best interests. Additionally, it strives touphold a transparent and professionalmanner in its operations.

YMBBMAC seeks to resolve native titlematters through agreement, in accordance with the wishes of its clients,the Yamatji and Pilbara people. In comparison with adversarial disputeresolution, mediation is private, quicker andcheaper, more accessible, more flexible,produces solutions which are more durableand preserves continuing relationships.Despite the limitations and tensionsassociated with resolving native titlethrough agreement, mediation andnegotiation have a greater capacity thanlitigation to effect the recognition of nativetitle and the resolution of native title issues.Effective negotiation enables theidentification and comprehensiveprotection of a broad spectrum of claimantinterests and non-native title outcomes.

Yet, in the native title context, agreement-making is a complex process. The nativetitle alternative dispute resolution is notmerely a matter of resolving competing

YMBBMACseeks toresolvenative titlematters inaccordancewith thewishes ofthe Yamatjiand Pilbarapeople


Lyons River Image courtesy of Robert Gordon Photography

interests in narrow geographical oreconomic terms, but takes place in abroader social, political, historical and legalcontext. Native title mediations are alsocomplex as a consequence of theirmagnitude. They are invariably time-consuming processes involving largenumbers of parties. Additionally, whilecollaborative approaches to resolving nativetitle issues are cost-efficient comparative to litigation, the complexity and significanceof native title within Indigenouscommunities, compounded by a protractedbut demanding negotiating timeframe andthe requirements of the legislative regime,render agreement-making a resource-intensive process for NTRBs.

In the course of the 2004/05 reportingperiod, the organisation has continued to operate at a high level on behalf of itsclients – despite the increasing demandsthat have been placed on it by theresources boom.

Funding levels

Inadequate funding interferes with theability of NTRBs to fulfil their statutory role.Insufficient funding also hinders theseorganisations in the execution of theirbroader responsibilities of consultation,negotiation and representation of native titleinterests. More specifically:

• Inadequate funding hinders a proactiveapproach to native title claims.

• Inadequate funding limits thepossibilities available to NTRBs instrategic planning.

• Funding levels fail to recogniseobligations outside NTRB control.

• Cross-cultural costs.

• Litigation costs.

In addition, inadequate funding frustratesNTRBs, the native title claimants and otherstakeholders in the native title process -including local governments, stategovernments and industry.

1 8

OUR VISIONOur vision is to be recognised within the Indigenous community at aregional, state and national level as providing excellent professional

services and representation to our members, clients and constituents.

OUR MISSIONOur mission is to assist Pilbara and Yamatji traditional owners gain

rightful recognition of their culture, acceptance as native title holders oftheir land, achievement of social justice outcomes and engagement in

appropriate and sustainable economic development.

OUR VALUES•

Operating in an open, honest, loyal and accountable manner in all dealings to help achieve native title and other outcomes

for claimants and constituents.•

Maintaining respect in dealings with claimants, constituents, industry,government agencies, governing committees and staff.

•Respecting people’s views, values, opinions, land, culture and families.

•Ensuring delivery of a friendly and easily understood service to

claimants and constituents with confidence, pride, excellence,creativity, accountability, efficiency, timeliness and diligence.

•Maintaining the highest levels of

professionalism.

Dennis Roberts at Dwyer’s Leap, CarnarvonImage courtesy of Robert Gordon Photography

YMBBMAC Governance & Administration Outcomes


Committee Meetings Oversee strategies, policydevelopment and ensurecommittees are adequatelyadvised of financialmanagement controls.

Achieved and ongoing. Regularcommittee meetings providedwith full information for policydecision-making and fullfinancial information. Attendedby CFO for additional support.

PROJECT IDENTIFIER KEY RESULT IDENTIFIED IN OPERATIONAL PLAN

ACTUAL PERFORMANCE

Financial Management Ensure organisation meetsaudit & financial requirementsin an efficient and effectiveway.

Achieved and ongoing. Keypriority for CFO, ExecutiveDirector and committee. NewCFO appointed January 2005.

Administration ED’s supervision of overallgovernance of organisation.

Achieved and ongoing.

Preparation and implementationof Strategic Plan in accordancewith statutory requirements.

Achieved, ongoing with operations beingmonitored to ensure StrategicPlan remains current and toinform the next strategicplanning cycle.

Preparation and submission ofOperational Plan to ATSIS.

Achieved and ongoing.

Preparation of annual report. 2003/04 achieved and planningfor 2004/05 commenced inMay 2005.

Implementation of appropriatemanagement and corporategovernance training.

Achieved and ongoing. Significantadditional training was undertakenat the February whole of staffconference which incorporated a Governing Committee meeting.Separate corporate services /administration stream looked at policies, procedures andprocesses with a view tocontinued improvement.

Ensure policies are preparedand implemented in accordancewith statutory and organisationrequirements.

Achieved and ongoing. Februarywhole of staff conference hadseparate corporate services /administration stream whichlooked at policies, proceduresand processes with a view tocontinued improvement.

Governing Committee

YMBBMAC’s overall policy direction isprovided by its Governing Committee.The committee acts as an advocate fortraditional owners in the wider Pilbaraand Yamatji regions, particularly inrelation to government activitiesaffecting land as well as in mining anddevelopment issues. Ultimatelyresponsible for the performance of theorganisation’s statutory functions, theGoverning Committee is alsoaccountable to the members of theorganisation.

The Governing Committee is made upmembers of the organisation’s tworegional committees. Six members ofboth committees join to form the twelve-member Governing Committee, providingequal representation of the Yamatji andPilbara regions. During the reportingperiod the Governing Committeemembers were (right):

YLSC members Number ofmeetingsattended

Anthony Dann (Co-chairperson) 5

Roy Bellotie 2 *

Mervyn Councillor 5

Vince Jones 4

Allen ‘Boyo’ Mitchell 5

Richard Oakley 2 *

PNTS members Number ofmeetingsattended

Neil Finlay (Co-chairperson) 4+

Doris Eaton 5

Peter Jeffries 2

Natalie Parker 5

Margaret ‘Nyaparu’ Rose 2 *

Toby Smirke 4

The Governing Committee held fivemeetings during the reporting period;four regular and one special meeting forthe 2003/04 YMBBMAC Annual Report.

* This committee member has not been part of theGoverning Committee for all of the reporting periodand, therefore, was not required to attend allmeetings.

+ Neil Finlay was elected Pilbara Chairperson in theearly part of this reporting period.

The CommitteesThe committee

acts as anadvocate for

traditionalowners in the

Pilbara andYamatjiregions


(Below) YMBBMAC GoverningCommittee, left to right:

Peter Jeffries, Neil Finlay,Natalie Parker, Anthony Dann,

Margaret Rose, Allen ‘Boyo’Mitchell, Doris Eaton,

Simon Hawkins, Roy Bellotie.Absent: Mervyn Councillor,

Vince Jones, Richard Oakleyand Toby Smirke.

Image by Justin Cvitan

YLSC Regional Committee

The Yamatji Regional Committee providesthe policy direction for YMBBMAC onnative title matters within the Yamatjiregion. Representatives on the YamatjiRegional Committee are elected from theeligible YLSC membership, most of whomare from claims represented by theorganisation. Members of the committeeinclude those elected by ballot at Yamatjiannual general meetings and theExecutive Director who holds the positionof an ex-officio, non-voting member.During the reporting period the electedmembers of the Yamatji RegionalCommittee were:

Committee Number ofmember meetings

attended

Anthony Dann (Chairperson) 4

Mervyn Councillor (Vice Chairperson) 3

Roy Bellotie 2 *

Robin Boddington 4

Mavis Curley 4

Colin Hamlett 2*

David George Jones 4

Vince Jones 4

Allen ‘Boyo’ Mitchell 4

Victor Mourambine 3

Kathleen Musulin 2*

Richard Oakley 2*

Yvonne Radcliffe 4

Ben Roberts 4

Peter Windie 2*

The Yamatji Regional Committee held fourmeetings during 2004/05.

* This committee member was elected in November2004 and so was not required to attend allmeetings in the reporting period.

PNTS Regional Committee

The policy direction for YMBBMAC onnative title matters within the Pilbararegion is provided by the Pilbara RegionalCommittee. Each native title claimrepresented by YMBBMAC in the Pilbaranominates a representative to the PilbaraRegional Committee. Its membership alsoincludes the Executive Director, who actsas an ex-officio, non-voting member.During the reporting period the membersof the Pilbara Regional Committee were:

Committee Number ofmember meetings

attended Neil Finlay (Chairperson) 4Doris Eaton (Deputy Chairperson) 4Robyn Churnside 1 +Nora Cooke 4Nerissa Hubert Nil +Terry Jaffries Nil +Peter Jeffries 4Norma Jones Nil +Marjorie Parker 2 +Natalie Parker 4Margaret ‘Nyaparu’ Rose 4Toby Smirke 4Les Stevens 1 +Roy Tommy 4Alec Tucker 3 +

The Pilbara Regional Committee held fourmeetings during this reporting period.

+ This committee member has not been part of thecommittee throughout the reporting period and,therefore, was not required to attend all meetings.

Committee Training

Providing training opportunities forcommittee members continues to be a priority for YMBBMAC. In the reportingperiod, elected Governing Committeemembers attended the 2005 Native Title Conference and both regionalcommittees attended governancetraining provided by OIPC.


YMBBMAC structure

YMBBMAC is organised and governed by complementary frameworks whichensure that the organisation is effective;delivers quality outcomes; and is asefficient in its use of limited resources to deliver services required by its clients,stakeholders and funders.

The organisation is functionallystructured into teams to delivercomplementary services. A mix ofprofessionals and other staff areemployed to deliver outputs that alignwith the Strategic and Operational Plansand comply with all relevant statutoryand regulatory requirements. Regularreporting to the committee,stakeholders, internal management andfunders, ensures that the strategicdirection is maintained. The YMBBMACConstitution is strengthened by soundand clear policies and procedures whichare consistently applied to ensure goodgovernance and accountability.

The principal mechanism for managingthe user-end of services is throughtaking instructions and providing adviceand information through working groups,which are authorised by the entirenative title claim group. The level andkind of services provided to each nativetitle claim group is regulated by a formalretainer agreement containing sharedresponsibilities and the prioritisationframework adopted by YMBBMAC inaccordance with statutory requirements.

YMBBMAC has an effective and efficientfinancial management system. Regular reporting within the organisationadheres to all applicable statutoryrequirements including the Native TitleAct, all tax acts and relevant state acts.We also adhere to Australian accountingstandards, with the two senior financepersonnel suitably qualified with

continuing professional developmentobligations. The Chief Financial Officer isa fellow and certified practicingaccountant (CPA) and the SeniorAccountant holds the equivalent of a CPAdesignation from the UK. This ensuresthat current practices and standards areutilised.

Regular reporting on multiple levels -both externally and internally - ensuresthat the financial management of theorganisation is protected; iscommensurate with plans; and thatfinancial risks are identified andmanaged appropriately. A policy andprocedure manual, endorsed by theGoverning Committee, provides aframework for effective financialgovernance. External auditors areappointed to give assurance to thecommittee that financial matters areperformed to the required standard.YMBBMAC uses the SUN Finance systemwhich is robust and provides very goodaccounting facilities and controls.

Senior management

A management group, consisting of fivesenior officers and chaired by theExecutive Director, is responsible forperformance management within thepolicy and budgetary frameworkadopted by the Governing Committeeand the regional committees.

YMBBMAC’s management structurepromotes regional service delivery.Except where some regional servicesare most efficiently - or necessarily -provided from Perth, the management ofthe organisation revolves around theoperations of the Geraldton office (forthe Yamatji region) and the SouthHedland Office (for the Pilbara region).PNTS sub-regional offices are located inKarratha, Roebourne and Tom Price.

The StaffYMBBMAC

has aneffective &

efficientfinancial

managementsystem


During the reporting period, theManagement Group consisted of thefollowing five senior officer positions:

EXECUTIVE DIRECTOR

As Executive Director, Simon Hawkinswas responsible for the administrationand management of YMBBMAC on behalfof the Governing Committee. In this role,Simon ensured that the policies anddecisions of the Governing Committeeand the regional committees wereimplemented; that the organisationobserved its legal responsibilities -including its responsibilities as a nativetitle representative body - and that itmet its obligations under agreementsentered into with other parties. The rolealso called for the implementation of theYMBBMAC Strategic Plan.

PRINCIPAL LEGAL OFFICER

As Principal Legal Officer (PLO), DavidRitter managed the legal operations ofYMBBMAC - in accordance with the rulesof incorporation, relevant incorporationlegislation, and the provisions of theNative Title Act 1993. In this role, Davidadvised on matters related to the NTA;associated legislation and othercommonwealth and state laws; andstatutes affecting the interests of nativetitle-holders in the Murchison, Gascoyne,and Pilbara regions.

The position involved overseeingrelationships between the organisationand claimant groups; intra-Indigenousmediation in relation to the claimsprocess; preparation and lodgement ofnative title claims; the progress of nativetitle claims; the resolution of native titleclaims; and future act and heritageprocesses.

The role also had a policy andmanagement element. This includedrepresenting YMBBMAC in state andnational forums concerned with theformulation of legal strategy; creatingand implementing policies andprocedures for the organisation in accordance with its legal obligations;as well as developing budgets andmanaging all legal and research staffand the organisations’ Aboriginal liaisonofficers.

David Ritter left this position in the firstpart of the 2005/06 reporting period. At the time of printing, a replacementPLO was being sought.

CHIEF FINANCIAL OFFICER

Chief Financial Officer (CFO) StanStylianou was responsible for overseeingthe financial and organisationalrequirements of YMBBMAC for much of the reporting period.

The CFO provided financial andadministrative advice to the GoverningCommittee. Under this guidance,organisational policies and procedureswere developed and implemented so that financial and administrativeobligations were undertaken in anefficient, effective and timely manner.The role also required the supervision of staff within the corporate servicesunit, including the overseeing of humanresources.

Stan Stylianou joined YMBBMAC inJanuary 2005. The position of CFO is a new position, replacing that ofCorporate Services Manager within the organisation.

A mix ofprofessionalsand otherstaff areemployed to deliveroutputs thatalign with the StrategicPlan andOperationalPlans


REGIONAL MANAGERS

Both the YLSC and the PNTS operate, at adivisional level, under the direction ofregional managers. The positions are heldby Alum Cheedy in the Pilbara and FredTaylor in the Yamatji region.

As members of the YMBBMACmanagement team, regional managers arerequired to promote the organisation’sactivities within the region. In doing so,they must develop and maintain strategicalliances with Aboriginal organisations,government agencies and the privatesector. In this position, regional managersact as advocates and representatives ofthe native title interests of traditionalowners in their region.

In addition, regional managers supervisethe efficient operations of the regionaloffices, including managing staff. Theyplay a central role in developing regionalbudgets and monitor the status of thesebudgets.

Business units and key roles within the organisation

ABORIGINAL LIAISON

At the heart of YMBBMAC are the Aboriginalliaison officers (ALO) and project officers.ALOs act as the bridge between traditionalowners and the organisation, ensuringthat cultural gaps are identified andaddressed. ALOs and project officers arethe face of the organisation at a grass-roots level, providing information andinsight for both traditional owners,members of staff and other stakeholders.Project officers liaise between traditionalowners, stakeholders and the broadercommunity. Regional claim lawyers workclosely with Aboriginal liaison officers in allaspects of their work, receiving advice andguidance from ALOs in relation to culturalmatters, as well as practical assistancewhen convening meetings and executingdocuments.

ANTHROPOLOGY

Anthropologists work closely with theALOs, conducting research to progressclaims towards determination. Thisincludes genealogical research, culturalmapping, and analysis of ‘laws andcustoms’ as outlined in the Native TitleAct. This research, in conjunction with theresearch of an historian, is correlated witharchival and historical material for theproduction of connection (or otherrelevant) reports. All anthropologists work according to a brief issued by seniorregional legal officers/claim lawyers.

ENVIRONMENTAL

YMBBMAC believes that environmentalfactors are a key part of protecting andpromoting traditional ownership. Theorganisation includes environmentalassessments and legislation as part of its promotion of Indigenous landmanagement.

LAND ACCESS

Heritage

The organisation provides an in-househeritage service for proponents requiringheritage surveys as part of future actapplications. YMBBMAC staff work withtraditional owners to provide professionaland culturally appropriate heritagesurveys for mining companies and otherproponents. As heritage work is not arequirement of the Native Title Act, theorganisation’s heritage unit is not fundedby the Commonwealth. Instead, it isfunded on a cost-recovery basis, whereproponents are charged at competitiverates which cover the cost of the serviceand associated administrative costs.Some additional work is also provided byexternal consultants where required.

The Staff (cont.)

At the heartof YMBBMAC

are theAboriginal

liaisonofficers

and projectofficers



Future acts

Both the Yamatji and Pilbara regionscontinue to attract considerable futureact activity. Future acts are dividedbetween the small to mediumapplications, which are handled by theorganisation’s two future act officers -positions that are largely funded by theState - and the larger applications, whichare serviced by the Major Projects Unit(see below). The organisation iscommitted to protecting the rights andinterests of traditional owners, whileproviding proponents with a frameworkfor a smooth and efficient future actapplication process. The efficientprocessing of future act applicationsrelies heavily on the provision of full and correct information by proponents.

LEGAL

Claim lawyers

The Regional Legal Units (RLU) form thebackbone of the organisation, servicingthe 30 claims that it currentlyrepresents. The majority of YMBBMAC’sstatutory functions and obligations areorganised and discharged by the RLUs.

Work undertaken by the RLUs isdetermined by the organisation’sOperational Plan and is reviewed andupdated on a quarterly basis by thesenior legal officers together withrelevant staff. Lawyers in the RLUs taketheir instructions from native title claimworking groups.

The regional units are the critical contactpoint between the native title claimantsand YMBBMAC. Instructions that mayultimately be acted on by the SpecialOperations Unit, Land Access Unit, andeven the Major Projects Unit, are mostoften obtained from regional claimlawyers in the first instance.

Major Projects

The Major Projects Unit (MPU) providesexpert advice and representation in relationto proposed future acts where the cost ofthat work can be recovered. Often the MPUbecomes involved when a future act is ofsuch a magnitude that it includes a numberof claim groups or when a developer wishesto progress a matter more quickly thangovernment funding allows. Their aim is toprovide legal representation and advice andnegotiation advice to claim groups that willenable them to maximise the potentialbenefits and minimise the negativeimpacts of mining and development. They also provide working group memberswith relevant information so that they areempowered to negotiate.

Strategic Operations

The Strategic Operations Unit (SOU)provides special legal support to claimlawyers, the Major Projects Unit, the LandAccess Unit and YMBBMAC managementon request. The SOU are ‘legaltroubleshooters’. They can prepare legalopinions, documents, appear in court,prepare briefs and provide general legalassistance – particularly in relation tounusual or difficult matters where noprecedents currently exist in theorganisation.

CORPORATE SERVICES

The corporate services unit provides theadministrative services and support toYMBBMAC and its operations. The unitconsists of finance and administrationstaff, located throughout the organisation.

COMMUNICATIONS AND POLICY

YMBBMAC is committed to having theinterests of traditional ownersrepresented in government and publicarenas and, as such, provides informationwherever possible and appropriate togovernment and the media.

The regionalunits are thecriticalcontact pointbetweennative titleclaimants & YMBBMAC

The Staff (cont.)


YMBBMAC Communications Outcomes with claim groups

YAMATJIProject identifier Key result identified Actual

in Operational Plan performance

Badimia Newsletter Achieved

Gnulli Newsletter Achieved

Thudgari Newsletter Achieved

Geraldton Coastal Claims(Naaguja, Hutt River, Amangu) Newsletter Achieved

Combined Wajarri claim Newsletter Achieved

Malgana Newsletter Achieved

Yugunga Nya Newsletter Achieved

Nanda Newsletter Achieved

Budina Newsletter Achieved

PILBARA

Project identifier Key result identified Actual in Operational Plan performance

PKKP Newsletter Achieved

Birrimaya Newsletter Achieved

GMY-Innawonga Newsletter Achieved

Jurruru Newsletter Achieved

Kariyarra Newsletter Achieved

Banjima Newsletter Achieved

Ngarla Newsletter Achieved

Nyamal Newsletter Achieved

Nyangumarta Newsletter Achieved

Nyiyaparli Newsletter Achieved

Kariyarra Yindjibarndi Newsletter Achieved

Kiriwirri Newsletter Achieved

Ngarlawanga Newsletter Achieved

Yindjibarndi Newsletter Achieved

Palyku Newsletter Achieved

Kuruma Marthudunera Newsletter Achieved

Yindjibarndi Newsletter Achieved


An overview of human resourcesmatters

STAFFING LEVELS

Staff turnover continues to exist at duallevels: the organisation has a core oflong-serving staff, with service of up tofive to six years, but generally, staffturnover averages around 12 to 14months. The shortage of qualified andexperienced lawyers, anthropologistsand others within the sector means thatthe loss of any staff member can be asignificant setback.

YMBBMAC expects that the newemployee certified agreement, currentlyin the final stages of negotiation, willimprove both staff attraction andretention levels.

Workforce planning takes account ofYMBBMAC’s strategic and operationalplans and its organisational structure.During this reporting period, the miningboom resulted in the employment ofadditional staff in order to meet theincreasing workload in claims, futureacts and heritage.

At the end of the reporting period,YMBBMAC had a total of 70 staff, with thefollowing breakdown:

Staff category Number

Full-time 65

Part-time 5

Professionals (e.g. legal officer, anthropologists) 32

Male 35

Female 35

Indigenous 18

Non-Indigenous 52

EDUCATION AND TRAINING

YMBBMAC works to provide committeemembers and staff with appropriatetraining and educational opportunities,adding to the skills-base from which theorganisation can draw.

Staff training included attendance of the2005 Native Title Conference by selectstaff; the YMBBMAC All-staff conferencein February; and individual staff trainingdevelopment where necessary to assistpeople in the performance of their duties.A large proportion of staff alsoparticipated in cross-cultural training;two events were held in 2004/5 - one in each region.

REMUNERATION

Salary awards

The organisation has made substantialprogress towards finalising a certifiedagreement. It hopes to conclude thismatter early in the 2005/06 year. Theagreement provides enhanced workingconditions across a range of areas, withthe aim of attracting and retaining staff.

YMBBMACworks toprovidecommitteemembers &staff withappropriatetraining &educationalopportunities

(Below) Project Officer Ali Parker with his fatherWobby Parker, a Bunjimatraditional ownerImage by Mustafa Qadri

Senior staff salary levels

The salary structure of YMBBMAC senior staff is based on the AboriginalCommunities and Organisations(Western Australia) Award 2001, with individual remuneration designed to attract suitably qualified staff.

OCCUPATIONAL HEALTH AND SAFETY

The occupational health and safetypolicy was reviewed and updated during this reporting period to ensureconformity with good safety practices.There were no reported issues during the year.

CODES OF CONDUCT

The organisation has a code of conduct,signed by each member of staff as well as a policy and procedures manual, whichcontains YMBBMAC’s code of ethics.

CONSULTANCY SERVICES

YMBBMAC actively pursues value formoney for the provision of all itsservices and always seeks to obtain atleast three quotes. Many corporateservices are outsourced, enablingYMBBMAC to reduce risk and to accessspecialist services.

YMBBMAC engaged 27 consultants toundertake consultancy work at a cost of$1,497,687. Consultants are used whenthere is a requirement for specialisedservices which cannot be met byYMBBMAC staff due to insufficient in-house resources or where independentadvice is required.

Additional Corporate Information

PLANNING

Both YLSC & PNTS produced twice-yearlyoperational plans, which areincorporated into organisationalplanning, resulting in the OperationalPlan submission to the Commonwealthin May for the forthcoming year and thesix-monthly review of performance inJanuary.

The operational plans are linked to theYMBBMAC Strategic Plan, which isreviewed and updated every three years.

RISK ASSESSMENT

YMBBMAC has monthly financial andoperational meetings with relevant staff to assess current performance and operations. From these meetings,possible risks are identified and actionplans are made to mitigate against, or toeliminate, risk. These meetings are held atdifferent levels, ranging from operationalstaff to senior management, with strategicrisks taken to a committee level.

A N N U A L R E P O R T 2 0 0 5 Y A M A T J I M A R L P A B A R N A B A B A M A A J A A B O R I G I N A L C O R P O R A T I O N 2 8

The Staff (cont.)

(Below) YMBBMAC staff with Yamatji Chairperson

Anthony Dann (second fromright) after 2004 Pilbara AGM

Image by Justin Cvitan


Organisational Structure

AdministrationStrategic

Operations UnitFinanceAdministration

Major Projects Unit

Human Resources

Yamatji RegionalLegal Unit

Land Access Unit

AdministrationPilbara Regional

Legal Unit

Executive Assistant

Communications & Policy

The Governing Committee Members

Executive Director

Regional ManagerYamatji

Principal LegalOfficer

Chief FinancialOfficer

Regional ManagerPilbara

YMBBMAC works to provide its clients withthe highest standard of services andrepresentation in matters of native titleand beyond. In doing this, it meets andexceeds its requirements as a native titlerepresentative body under the Native TitleAct 1993, which requires it to:

• Research and prepare native titleapplications.

• Assist native title claimants inconsultations, mediations, negotiations,and proceedings relating to native title.

As part of its role as an NTRB, YMBBMACalso has to make decisions aboutproposed native title claims. In doing this,it aims to make the fairest and mostpractical decision for a specific claimgroup as well as for other claimant groupsit represents.

Providing assistance

When determining whether, and to whatextent, assistance will be provided toclaimants, the YMBBMAC GoverningCommittee and the regional committeesconsider whether a proposed claim:

• Falls wholly or partly within YMBBMACgeographic jurisdiction.

• Is inclusive. In considering this, theorganisation will need to determinewhether a proposed claim is brought onbehalf of all persons with native titleinterests in the land or waters inquestion.

• Is representative and whether thelisted applicants are authorised by thebroad native title group to seek thedetermination.

• Is the appropriate native title holdingcommunity.

• Is supported by the availableanthropological and historical evidence.

• Is capable of meeting the requirementsof the registration test administered bythe Registrar of the National Native Title

Tribunal (NNTT), in accordance with theconditions set out in the Native Title Act1993.

YMBBMAC will not provide assistance to anew claim that overlaps an existingassisted claim without the consent of theexisting claim. Once assistance isapproved, YMBBMAC will assess itspriorities which will, in turn, determine thedirection of its activities. The type andlevel of assistance provided will bereviewed on an ongoing basis and willdepend on a number of factors including:

• The need to comply with relevantFederal Court orders.

• The overall level of resources availableto the organisation.

• The ranking assigned to each claimthrough the claim appraisal and reviewprocess.

Assistance provided by YMBBMAC mayinclude financial support to meet, fully orpartly, the following:

• Costs associated with claimantconsultation and seeking instructions.This may include, where necessary, thecost involved in organising meetings;associated venue costs; claimantaccommodation; and travel costs.

• Costs of legal representation andassistance - usually in-house butoccasionally external - includingassistance in the negotiation of futureact matters.

• Cost of the ethnographic or historicalresearch required to prepare a body ofevidence for use in Federal Courtproceedings or for the purpose ofpreparing a connection report.

• Any other assistance deemedreasonable or necessary.

It should be noted, however, that directcash grants are not given to native titleapplicants.

Facilitation and Assistance YMBBMAC

works toprovide the

higheststandard ofservices inmatters ofnative title

and beyond


Assistance with filing native titleapplications

IN THE YAMATJI REGION

In this reporting period, the Amanguclaim passed the registration test andthe Wajarri Elders and the NgoonooruWadjari claims were combined in theFederal Court. The combined claims havebecome the Wajarri Yamatji claim whichis expected to be registered in the2005/06 year.

IN THE PILBARA

The Ngarlawangka claim was filed in thereporting period.

Representation

YAMATJI REPRESENTATION

During the reporting period YMBBMACprovided representation to the followingregistered claims in the Yamatji region:


Name WC Number WAG Number

Amangu 04/02 6002/04

Badimia 96/98 6123/98

Budina 04/5 131/04

Gnulli 97/28 6161/98

Hutt River 00/01 6001/00

Malgana 98/17 6236/98

Naaguja 97/73 6194/98

Nanda 00/03 6136/98

Ngoonooru Wadjari 00/12 6033/98

Thudgari 97/095 6212/98

Wajarri Elders 01/03 6042/99

Wajarri Yamatji 04/10 6033/98

Yugunga Nya 99/46 6132/98

CORRECTION

The 2004 YMBBMAC Annual Report

incorrectly stated that the Naaguja

claim group “Participated in

mediation with Wilunyu/Amangu

group and consented to the overlap

of the new claim”.

This was not the case. In fact, the

Naaguja People only provided

consent for the Yamatji Land and

Sea Council to represent the new

Amangu claim.

YMBBMAC apologises for any

confusion or distress this may

have caused.

Pilbara representation

During the reporting period YMBBMACprovided the following registered claimsin the Pilbara region with representation:

Facilitation and Assistance (cont.)


Name WC Number WAG Number

Birrimaya 95/060 6051/98

Gobawarrah Minduarra Yinhawanga 97/43 6173/98

Innawonga 98/69 6285/98

Innawonga Bunjima 96/61 6096/98

Jururru 00/008 007/00

Kariyarra 99/3 6169/98

Kariyarra Yinjibandi 95/053 6045/98

Kurama and Mathudenera 96/73 6090/98

Martu Idja Bunjima 98/62 6278/98

Ngarla 99/26 6185/98

Ngarla #2 05/02 77/05

Ngarlawangka 05/03 78/05

Njamal 99/8 6028/98

Njamal #10 00/005 6003/00

Nyangumarta 98/65 6281/98

Nyiyaparli 98/64 6280/98

Palyku 99/16 6287/98

Puutu Kurnti Kurrama Pinikura 01/005 6007/01

Puutu Kurnti Kurrama Pinikura #2 05/4 126/05

Yinjibarndi #1 99/14 6017/96

Is this period, YMBBMAC provided representation to the following determined native titleholders in the Pilbara:

Ngarluma Yindjibarndi 99/14 6017/96

3 3

Ngoonooru Wadjaritraditional owner Pam MongooImage courtesy of Robert Gordon Photography



Badimia - General Complete interviews of at-riskelders

Achieved in part and ongoing

Key individuals have beeninterviewed to address specificevidentiary issues


ACTUAL PERFORMANCE

Proof witness statements Has not been required asanticipated

Agreements reached in relation tomultiple future acts pursuant to theNTA including ss 24MD, 32, 35 and 150

Progress on various matters asexpected

Establish PBC Not required yet. Mediationcontinuing with the State.

Badimia - Consent determination Mediation meetings with State Achieved and ongoing

Mediation meetings with third partyrespondents

Not required yet – progress in thisregard is contingent upon outcomeof negotiations process with Stateof Western Australia and is thesubject of an agreed mediationprotocol pursuant to Court order

Drafting determination document:complete legal research

As above

Drafting determination document:finalise determination

As above

Community meeting to finalisedetermination

Achieved in part - Communitymeeting held to advise on State ofWestern Australia’s response toconnection report and obtaininstructions on scope of optionsavailable to claimant group

YMBBMAC Facilitation and Assistance Outcomes - YAMATJI

Consent determination agreed -Not required yet

See above

Badimia - Resource company ILUA Finalise negotiations Not required - company shifted itsdevelopment plans and no longerrequires tenements andagreement. Reallocation ofresources to obtaining additionalresearch the subject of an agreedmediation protocol pursuant tocourt order.



ACTUAL PERFORMANCE

YMBBMAC Facilitation and Assistance Outcomes - YAMATJI (cont.)

Badimia - Resource company ILUA(continued)

Complete legal research anddrafting of ILUA

As above

Authorise ILUA: Hold communitymeeting

As above

Registration of resource ILUA As above

Budina - General Conduct working group meetingsassociated with ongoing conduct ofclaims

Achieved

Agreements reached in relation tomultiple future acts pursuant to theNTA including ss 24MD, 32, 35 & 150

Incomplete - No future act activityduring the interim reporting period

Geraldton Claims (Naaguja, HuttRiver and Amangu)

Conduct working group meetingsassociated with ongoing conduct ofclaims

Achieved



Gnulli – General Conduct working group meetingsassociated with ongoing conduct ofclaim

Achieved



Malgana – General Agreements reached in relation tomultiple future acts pursuant to theNTA including ss 24MD, 32, 35 & 150


Conduct working group meetingsassociated with ongoing conduct ofclaim

Achieved

Nanda – General Conduct working group meetingsassociated with ongoing conduct ofclaim

Achieved



Pandawn – Strikeout application Finalise anthropological material tobe used as evidence

Achieved




ACTUAL PERFORMANCE

Thudgari – General Conduct working group meetingsassociated with ongoing conduct ofclaim

Achieved



Establish PBC Not required yet. Additionalconnection material being preparedfor submission to the State inresponse to State’s initialassessment of connection report.

YMBBMAC Facilitation and Assistance Outcomes - YAMATJI (cont.)

Thudgari consent determination Mediation meetings with State Not required yet. Connection reportcompleted and forwarded to State inaccordance with amended Federal Courtmediation protocols. Additional materialbeing prepared for submission inresponse to State’s initial assessment.

Combination of Wajarri Elders andNgoonooru Wadjari claims

Application to combine claims to bemade to Federal Court

Achieved. Application to combinemade to Federal Court on 21December 2005 and orders madeto combine on 4 February 2005

Combined Wajarri claim - General Conduct working group meetingsassociated with ongoing conduct ofclaim

Achieved



Wajarri Yamatji claim – Registration test

Completion of registration testmaterials

In process. Registration testmaterials being finalised andcollated for submission to NNTT by15 September 2005. Registrationtest to be applied 15 October 2005.

Combined Wajarri claim –Anthropological research

Completion of preliminary ethno-historical research

Achieved

Yugunga Nya – General Conduct working group meetingsassociated with ongoing conduct ofclaim

Achieved



Yugunga Nya – Court hearings foroverlap

Agree mediation programme withGLSC and Wutha

Achieved and implemented.Mediation meetings held andcontinuing, progressing well.



ACTUAL PERFORMANCE

Banyjima – Boundary Anthropological research. Mediationmeeting in relation to overlaps andtake instructions

Achieved

Achieved

Banyjima – Miscellaneous futureacts

Agreements reached in relation tomultiple minor future acts pursuantto the NTA including ss 24MD, 32,35 and 150


Birrimaya – Overlap with NyamalFinalise anthropological research.

Legal review of anthropologicalresearch

In place of anthropologicalresearch, legal researchundertaken and advice provided inrelation to legal status of the claim,extinguishment issues.

YMBBMAC Facilitation and Assistance Outcomes - PILBARA

Birrimaya – Miscellaneous future acts



GMY-Innawonga – Miscellaneousfuture acts



Innawonga – Boundary Mediation meetingAnthropological researchMediation meetingLegal review of anthropologicalmaterial

AchievedAchievedAchievedAchieved

Jurruru – Boundary Anthropological research as toboundaryPreliminary consultation

Achieved

Achieved

Jurruru Agreements reached in relation tomultiple minor future acts pursuantto the NTA including ss 24MD, 32,35 and 150


Kariyarra – Overlap with Nyamal Lodge amended application withFederal Court

Not achieved. Overlap to be resolvedby amendment to the Nyamal claim.Amended Nyamal application to befiled with Federal Court

Kariyarra – Consent determination Community meeting aboutdetermination

Achieved

Kariyarra – Miscellaneous future acts






ACTUAL PERFORMANCE

Kariyarra Yindjibarndi Agreements reached in relation tomultiple minor future acts pursuantto the nta including ss 24md, 32,

35 and 150 Progress on variousmatters as expected

Kariyarra Yindjibarndi - Boundary Hold mediation meting withKariyarra claimantsHold mediation with NyamalclaimantsTake instructions and withdrawclaim if so instructed

Achieved

Achieved

Ongoing. Instructions taken towithdraw claim. Claim to bewithdrawn when research finalisedas to constitution of new claim

Kiriwirri - New claim Anthropological researchPreliminary consultation

AchievedAchieved

YMBBMAC Facilitation and Assistance Outcomes - PILBARA (cont.)

Kiriwirri Agreements reached in relation tomultiple minor future acts pursuantto the NTA including ss 24MD, 32,35 and 150


Kuruma Martudunera –Miscellaneous future acts



Kuruma Martudunera – Boundary Amend application if required Boundary resolution to be reflectedin Eastern Guruma determination

MIB – Miscellaneous future acts Agreements reached in relation tomultiple minor future acts pursuantto the NTA including ss 24MD, 32,35 and 150


Ngarla Agreements reached in relation tomultiple minor future acts pursuantto the NTA including ss 24MD, 32,35 and 150


Ngarla – Overlap with Nyamal Lodge amended application withFederal Court

Not achieved. Overlap to be resolvedby amendment to the Nyamal claim.Amended Nyamal application to befiled with Federal Court.

Ngarlawanga – New claim Anthropological researchPreliminary consultationAuthorisation meeting andpreparationLodge application with Federal Court

AchievedAchievedAchieved

Achieved





ACTUAL PERFORMANCE

Nyamal - Miscellaneous future acts Agreements reached in relation tomultiple minor future acts pursuantto the NTA including ss 24MD, 32,35 and 150


Nyamal - Preservation evidence Lodge application to presentpreservation evidenceComplete interviews of at-riskeldersProof witness statementsComplete preparation for CourthearingsRepresent clients in Court:Participate in hearings

Achieved

Achieved

Achieved

Achieved

Achieved


Birrimaya - Miscellaneous future acts



Nyamal - Warrarn overlap Lodge amended application withFederal Court

Not achieved. Nyamal claim stilloverlapped by Warrarn despiteintensive mediation. Warrarn haveretained separate legal representation

Nyangumarta - General Agreements reached in relation tomultiple minor future acts pursuantto the NTA including ss 24MD, 32,35 and 150


Anthropological research onconnection report

Submit connection report

Ongoing. Some delays haveoccurred due to death of a seniorclaimant

Scheduled for September 2005

Nyangumarta - Boundary Anthropological research Achieved

Nyiyaparli - Miscellaneous futureacts



Palyku - Miscellaneous future acts Agreements reached in relation tomultiple minor future acts pursuantto the NTA including ss 24MD, 32,35 and 150


Palyku - Boundary Finalise anthropological researchLegal review and advice onanthropological researchTake instructions and amend claimif required

AchievedOngoing




ACTUAL PERFORMANCE

Peedamulla/Cane RIVER - New claim Preliminary consultationAnthropological researchAuthorisation meeting andpreparation

AchievedAchieved and ongoingNot achieved Further research required

PKKP - Western extension claim Preliminary consultationAnthropological researchAuthorisation meeting andpreparation


PKKP - South eastern extensionclaim

Preliminary consultationAnthropological researchAuthorisation meeting andpreparation



PKKP - Miscellaneous future acts Agreements reached in relation tomultiple minor future acts pursuantto the NTA including ss 24MD, 32,35 and 150

Progress on various matters as expected

Yindjibarndi Agreements reached in relation tomultiple minor future acts pursuantto the NTA including ss 24MD, 32,35 and 150


Yindjibarndi - Boundary Finalise anthropological researchLegal review and advice onanthropological researchTake instructions and amend claimif required

Achieved

Achieved

Achieved. No amendment required.

Ngarla Agreements reached in relation tomultiple minor future acts pursuantto the NTA including ss 24MD, 32,35 and 150


Yindjibarndi Establish PBC Achieved

4 1

Thudgari traditional ownerCharlie LapthorneImage courtesy of Robert Gordon Photography

As part of its role as a native titlerepresentative body, YMBBMAC isrequired to provide assistance withcertification of native title claimdeterminations as well as regarding thecertification of Indigenous land useagreement (ILUA) registrations.Specifically, its functions include:

• Certify, in writing, applications fordetermination of native title relating toareas of land or waters, which arewholly or partly within therepresentative area.

• Apply for the registration of an ILUAwhich certifies that all the personsidentified as having native titleinterests in the area have authorisedthe ILUA’s making.

YMBBMAC has adopted a certificationprocedure in compliance with the NativeTitle Act - in particular, with section202BE(2) of the Act. The conditionswhich must be met in order to achievecertification are that (right):

• All reasonable efforts have been madeto ensure the application describes orotherwise identifies all the persons inthe native title claim group.

• All persons in the native title claimgroup have authorised the applicationand the named applicant(s) to dealwith matters arising from theapplication.

• All reasonable efforts to reachagreement with any overlappingclaims have been made and thenumber of applications over an area ofland or waters has been minimised.

• In the case of an ILUA, the applicationidentifies every person who has nativetitle interests in the relevant area.

• If the land or waters covered by theapplication are wholly or partlycovered by one or more applications(including proposed applications), allreasonable efforts have been made toachieve agreement relating to nativetitle over the land or waters betweenthe persons for whom the applicationsare, or will be, made.

Native title applicants may appeal to theYMBBMAC Governing Committee to seeka review of a decision by the ExecutiveDirector if he or she has refused tocertify an application for thedetermination of native title or theregistration on an ILUA.

The Native Title Act provides that anNTRB may exercise its certificationfunction in relation to claims orIndigenous land use agreements that itdoes not normally represent. All newclaims in the reporting period werecertified, but no new ILUAs were certifiedduring this time.

Certification


(Below) Yamatji SeniorRegional Legal Officer

Raina Savage with Dawn Hamlett

Image by Kali Napier



ACTUAL PERFORMANCE

Badimia – Resource ILUA Complete certification report Not required – company shifted itsdevelopment plans and no longerrequires tenements andagreement.Reallocation of resources toobtaining additional research thesubject of an agreed mediationprotocol pursuant to court order.

Finalise certification of ILUA As above

YMBBMA Certification Outcomes - YAMATJI

Budina Complete certification report Achieved

Finalise certification of claim Achieved

Geraldton Coastal Claims(Naaguja, Hutt River, Amangu)Geraldton ILUA

Complete certification report Incomplete. Project ongoing.Subject to finalisation of Statepolicy on settlement of native titleclaims

Finalise certification of ILUA Not required yet

Malgana - Cape Inscription ILUA Complete certification report Achieved in part. Communitymeeting held and draft ILUA agreedto subject to specific amendments.State Solicitor’s Officer reviewingILUA with view to amendments priorto finalisation.

Malgana - Cape Inscription ILUA Complete certification report Achieved in part. Communitymeeting held and draft ILUA agreedto subject to specific amendments.State Solicitor’s Officer reviewingILUA with view to amendments priorto finalisation.

Finalise certification of ILUA As above

Wajarri Yamatji Complete certification report Achieved

Finalise certification of claim Achieved

YMBBMA Certification Outcomes - PILBARAPROJECT IDENTIFIER KEY RESULT IDENTIFIED

IN OPERATIONAL PLANACTUAL PERFORMANCE

PKKP - Certification of new claim Complete certification reportCertification of claim

Achieved

Kiriwirri - Certification of new claim Complete certification reportCertification of claim

Achieved

Ngarlawanga - Certification of newclaim

Complete certification reportCertification of claim

AchievedAchieved

YMBBMAC recognises that manydisputes about native title andtraditional ownership are long-standing.These disputes have often arisen as adirect consequence of past governmentpolicies.

Dispute resolution is an importantfeature of the operation of native titleclaim working groups. As mentioned,working groups bring togetherindividuals and sub-groups of the nativetitle claimant community to worktowards outcomes that will benefit thewhole community of traditional ownersfor the area subject to a claim. As such,the working groups also provide a forumin which areas of disagreement andconflict can be identified and mediatedin a supportive environment.

The working groups also provide ameans by which neighbouring nativetitle claimant groups may addressissues of uncertainty and disagreementor identify opportunities for cooperation.

In fulfilling its responsibilities as anNTRB, YMBBMAC complies with therequired dispute resolution functions. In doing so, it:

• Assists in promoting agreementbetween its constituents in makingnative title applications or conductingconsultations, mediations,negotiations, or proceedings aboutnative title.

• Mediates between its constituents in making such applications orconducting such consultations,mediations, negotiations, orproceedings.

Dispute ResolutionDispute

resolutionis an

importantfeature

of theoperation of

native titleclaim

workinggroups


YMBBMA Dispute Resolution Outcomes - YAMATJI


ACTUAL PERFORMANCE

Combined Wajarri claim Combine Wajarri Elders andNgoonooru Wadjari applications

Achieved

Lodged new Application withFederal Court

Achieved

Malgana - Wajarri Elders boundary Authorise boundary amendment:hold community meeting

Achieved in part. Communitymeeting held but further andongoing discussions with claimantgroup required

Malgana - Wajarri Elders boundary Lodge amended application withFederal Court

Incomplete - see above.

Mediation programs

During the course of the reporting period,YMBBMAC and the State of WesternAustralia, with the assistance of theNational Native Title Tribunal, finalisedmediation programs for the followingnative title claims:

IN THE YAMATJI REGION

Amangu BadimiaBudina GnulliHutt River MalganaNaaguja NandaNgoonooru Wadjari ThudgariWajarri Elders Wajarri YamatjiYugunga Nya

IN THE PILBARA REGION

Birrimaya GMYInnawonga Bunjima InnawongaJururru KariyarraKariyarra YinjibandiKurama MathudeneraMIB NgarlaNgarla #2 NgarlawangkaNjamal Njamal #10Nyangumarta NyiyaparliPalyku PKKPPKKP #2 Yinjibarndi #1

Each of the mediation protocols specify arange of issues to be considered in themediations, which include:

• A program for dealing with overlaps(where applicable).

• Establishing the involvement of otherparties and a communication strategy.

• The estimated timeframe for theproduction of connection reports.

• Agreement on timeframes forassessment of connection material bythe State.

• Timeframes for the provision ofinformation on areas where sections 47and 47A of the Native Title Act may apply.

• Timeframes for the provision of landtenure information.

• A program for agreeing, by consent asfar as is possible, where extinguishmentof native title has occurred.

• A process for third party minimisation.

• A program for agreeing, by consent asfar as possible, the specific native titlerights and interests extant in relation toparticular tenures within the claim area.

In broad terms, the mediation programs setout a timetable for the negotiation of eachclaim.

Central Pilbara Mediation Strategy

Although YMBBMAC’s dispute resolutionwas enlivened on numerous occasions, thelargest scale example was afforded by theCentral Pilbara mediation strategy. Thisreporting period has seen in principleagreements reached between two sets ofclaim groups to resolve claim overlaps. It ishoped that these negotiates will continueto agreement in the next reporting period.

Confusion around native title issues canlead to overlap problems between claimgroups. In trying to address this problem,PNTS and the NNTT hosted a two-daynative title seminar in September in TomPrice, attended by representatives fromthe MIB, IBN, Innawonga and GMY claimgroups. The seminar was designed toprovide people with a better understandingof the changes that are happening onthese claims and, in particular, looked at:

• The native title process and native titlelaw.

• Where native title rights would beextinguished.

Prescribed Bodies Corporate

Following the Ngarluma Yindjibarndidetermination, two prescribed bodiescorporate were established in the Pilbarain this reporting period. The YindjibarndiAboriginal Corporation was establishedfor the Yindjibarndi People and theNgarluma Aboriginal Corporation for theNgarluma People.

Confusionaroundnative titleissues canlead tooverlapproblemsbetweenclaimgroups


A large part of the representative workthat YMBBMAC does on behalf of itsclients is in the area of future acts – that is, with regard to any act, which will, if conducted, affect native title. The organisation works to help ensurethat the interests and rights of itsconstituents are protected in theprocessing of all future acts.

The Native Title Act 1993 requires NTRBsto ensure, as far as reasonablypracticable, that notices about suchfuture acts are brought to the attentionof native title holders and claimants.

Notices received by YMBBMAC usuallyconcern plans by a resource developeror other potential land user to undertakean activity that may affect native titlerights and interests. These notices aremost commonly issued under section 29of the Native Title Act 1993.

YMBBMAC continues to be involved inmajor negotiations relating to significantresource development in both regions.These negotiations result from theunprecedented demand for rawmaterials, driven by economic growth in China.

Expedited procedure

The most common notices under the NTA are ‘expedited procedure’ notices. In such notices the State Governmentasserts that native title will not beaffected by the proposed interestbecause they consider the act to be oflow impact. State Government policyasserts that the expedited procedureapplies to all exploration and prospectingtenement application in WA, irrespectiveof their size, location and nature.

There are standing instructions to lodgeobjections to the application of theexpedited procedure, in the absence ofan appropriate heritage protectionagreement, for all native title claimsrepresented by YMBBMAC.

During the reporting period, YMBBMAClodged fewer than half of all expeditedprocedure objections in the state andhas, to date, resolved close to half ofthese by agreement (see table 1). It isexpected that the remaining matters willbe resolved by agreement in the nextreporting period.

In addition, the number of objectionslodged has reduced in this reportingperiod due to a new State Governmentpolicy which requires Aboriginal heritageprotection agreements to be entered intobefore tenements are advertised underthe expedited procedure. YMBBMAC was involved in developing this standardagreement.

Additional future act applications

Other future act applications under theNative Title Act 1993 relate to the grant|of mining, miscellaneous or general-purpose leases, or to compulsoryacquisitions under the LandAdministration Act 1997. These noticesare most commonly issued under section24 or 29 of the Native Title Act 1993.

NotificationThe

organisationworks to help

ensure thatthe interests

and rights of its

constituentsare protected

in theprocessingof all future

acts


What is a Future Act?A future act is a proposed activity or development which will, ifconducted, affect native title. One effect could be that native title is extinguished as a result of a proposed activity; another is that a proposed event would not fully allow the continued existence,enjoyment, or exercise of native title.

Future acts can be as varied as an upgrade of an existing lease orthe compulsory acquisition of native title. It can also apply to thegranting of mining or exploration rights. In accordance with theNative Title Act, future acts determine what activity may proceedover native title land or water and on what conditions.


Regional objection workload associated with claims

Region Active % Finalised % Total %

Yamatji *147 25% *129 22% 276 23%

Pilbara +214 36% +103 17% 317 27%

Goldfields #163 28% #292 49% 455 38%

Kimberley 58 10% @ 50 8% 108 9%

South West 3 1% 12 2% 15 1%

Ngaanyatjarra 3 1% 13 2% 16 1%

Total 588 599 1187

Provided by the National Native Title Tribunal

*1 of 147 not represented by YLSC*23 of 129 not represented by YLSC

+19 of 214 not represented by PNTS+8 of 103 not represented by PNTS#41 of 163 represented by GLSC#59 of 292 represented by GLSC@48 of 50 represented by KLC

Table 1

(Below) Cross-cultural training at Millstream National ParkImage by Charmaine Jones

Notification (cont.)


Banjima Hold 1 meeting to notify clients offuture act notices

Achieved

Birrimaya Hold 2 meetings to notify clients offuture act notices

Achieved

GMY-Innawonga Hold 2-3 meetings to notify clientsof future act notices

Achieved

Jurruru Hold 1 meeting to notify clients offuture act notices

Achieved

Kariyarra Hold 3 meetings to notify clients offuture act notices

Achieved

Kariyarra Injibarndi Hold 1 meeting to notify clients offuture act notices

Achieved

Kulyukartu Hold 1 meeting to notify clients offuture act notices

Achieved

Kuruma Marthudunera Hold 3 meetings to notify clients offuture act notices

Achieved

Ngarla Hold 1 meeting to notify clients offuture act notices

Achieved

Ngarlawanga Hold 1 meeting to notify clients offuture act notices

Achieved


ACTUAL PERFORMANCE

YMBBMAC Notification Outcomes - PILBARA


ACTUAL PERFORMANCE

Badimia Hold 3-4 meetings to notify clientsof future act notices

Achieved

Budina Hold 1 meeting to notify clients offuture act notices

Not required - no future act activityduring the interim reporting period

Combined Wajarri claim Hold 3-4 meetings to notify clientsof future act notices

Achieved

Geraldton Coastal Claims (Naaguja,Hutt River, Amangu)

Hold 1-2 meetings to notify clientsof future act notices

Achieved

Gnulli Hold 3 meetings to notify clients offuture act notices

Achieved

Malgana Hold 1 meeting to notify clients offuture act notices

Achieved

Nanda Hold 1 meeting to notify clients offuture act notices

Achieved

Thudgari Hold 1-2 meetings to notify clientsof future act notices

Achieved

Yugunga Nya Hold 2-3 meetings to notify clientsof future act notices

Achieved

YMBBMAC Notification Outcomes - YAMATJI

YMBBMAC works to ensure the bestoutcomes for its members andclaimants. The organisation recognisesthe importance of reaching the rightagreements as efficiently as possible. Asa result, it prefers to negotiate outcomesrather than locking horns throughlitigation – which slows the process,wastes resources, and rarely delivers thebest results for claimants.

This approach applies to allrepresentation that YMBBMAC offers onbehalf of its members, including its workon native title determinations, future actnegotiations, and broader service-delivery discussions.

YMBBMAC’s commitment to maintaininga constant openness to dialogue –whether in discussing new ideas,different perspectives, or in the face ofantagonism – has been a central factor indetermining its success and goodstanding with the communities itrepresents and in the broaderenvironment.

Indigenous land use agreements

A native title representative body isrequired under section 203BH of theNative Title Act 1993 to be a party toIndigenous land use agreements (ILUAs).

ILUAs are voluntary agreements betweennative title applicants (or determinednative title holders) and others about theuse and management of land or waters.

YMBBMAC is required to consult with,and consider the interests of all peoplewho hold or may hold native title inrelation to land and waters in an areasubject to an ILUA.

Memorandum of Understanding:YMBBMAC, the Department ofIndigenous Affairs and theAboriginal Lands Trust

YMBBMAC has negotiated amemorandum of understanding (MOU)with the Department of IndigenousAffairs (DIA) and the Aboriginal LandsTrust (ALT). The MOU, which was signed inDecember 2004, will provide traditionalowners in the Yamatji and Pilbararegions, through their native title workinggroups, with the chance to work with theDIA and the ALT to determine moreeffective and co-operative methods ofprogressing the ALT Land TransferProgram. Since the signing, theNgurawaana community land transferhas taken place, while other significantprogress has been made in the Yamatjiand Pilbara regions.

YMBBMAC Agreement MakingYMBBMAC’scommitmentto maintaininga constantopenness todialogue hasbeen a centralfactor indeterminingits success


Badimia ILUA with resource Company Not required – company shifted itsdevelopment plans and no longerrequires tenements and agreement.Reallocation of resources toobtaining additional research thesubject of an agreed mediationprotocol pursuant to court order.


ACTUAL PERFORMANCE

YMBBMAC Agreement Making Outcomes

BHP Billiton Iron Ore with theNjamal People

The agreement reached by BHP Billitonand the Njamal People covers the Yarriemining operations, approximately 180kilometres east of Port Hedland. Yarrie ispart of the Mount Goldsworthy MiningAssociates joint venture, of which 85 percent is owned by BHP Billiton and theremainder by Itochu Corp and Mitsui.Striking this deal allows BHP Billiton toextend the activities of its pre-existingmining operations site in return for arange of benefits offered to the NjamalPeople. The agreement was reached inMarch, after less than six months of well-run negotiations. Cemented in the finalagreement is BHPB ’s commitment torespecting the rights of the NjamalPeople to be consulted on any futureactivity, including environmental issuesand the eventual closure of the mine.

Australian SKA ConsortiumCommittee with the Wajarri People

In February, the Wajarri People gave in-principle support for the SquareKilometer Array (SKA) telescope projecton Mileura Station in the Murchisonregion of Western Australia,approximately 300 kilometres inlandfrom the coast. The SKA telescope isdesigned to collect astronomical datafrom the far reaches of space andrequires a high, flat and isolatedlocation. The Wajarri People are nowworking closely with the StateGovernment to ensure their culturalinterests over Mileura Station aremaintained and so that a strongrelationship can be established over thislong term project.

The Gnulli People with Rough RangeOil Pty Ltd.

Rough Range’s application to explore foroil in an area south east of Onslow, in theshires of Ashburton and Exmouth wasdetermined by the National Native TitleTribunal in December. Under theagreement met between the Gnullipeople and Rough Range heritageprotection is ensured on the site and amodest financial package was granted.

The return of Walga Rock - WajarriPeople with Cue Shire Council andthe State

Walga Rock is a site of profound culturalsignificance not only to its traditionalowners, the Wajarri People, but also toAboriginal people throughout the Mid-west and across the western desertregions of Western Australia. The rock,which is a popular tourist attraction, islocated 48 kilometres west of Cue.Measuring five kilometres around the

YMBBMAC Negotiated Agreements


Heritage SurveysThe roll-out of the standard heritage agreement (SHA) has continuedthroughout the financial year, with all but five claim groupsendorsing the use of the SHA. YMBBMAC’s alternative heritageagreement continues to be the preferred agreement for vastmajority of traditional owners. YMBBMAC will continue to wait for theremaining claim groups to endorse the SHA.

Throughout the reporting period, future act officers have beenworking to reduce the backlog of exploration and prospectingtenements in both regions. Furthermore, the organisation has beenco-ordinating surveys with the Department of Industry andResources (DOIR) and the Amalgamated Prospectors andLeaseholders Association (APLA) in order to protect cost-effectivelyheritage and to promote relations between prospectors and smallexplorations companies and traditional owners.

base and stretching one and a halfkilometres in length, the rock featuresan enormous gallery of rock paintings.The agreement returns Walga Rock to thecustodial responsibility of the WajarriPeople, recognising them as thetraditional owners with a right to beconsulted about any futuredevelopments on the site. All relevantparties are participating in thecooperative management of the siteunder the steerage of a heritagecommittee. Since this agreement,Alannah McTiernan, Minister for Planningand Infrastructure, has approved theexclusion of Walga Rock from AustinDowns station and its reservation with amanagement order in favour of theWajarri Yamatji Corporation.

The Kariyarra People with RangeRiver Gold Ltd

The agreement between the Kariyarrapeople, Range River Gold’s wholly ownedsubsidiary Opus Exploration Pty Ltd, andBullion Minerals Ltd concerns aproposed gold mine at the Indee GoldProject near Whim Creek. Aside from amoderate financial compensationpackage, the agreement includes acommitment by the joint venture totraining, employment and businessdevelopment initiatives. In recognition of traditional ownership, Kariyarranames are used by the venture toidentify aspects of its mining operations.In June 2005, Range River Gold boughtBullion Mineral’s interests in the mine sothe agreement is now entirely betweenRange River and the Kariyarra People. In the current reporting period, the boardof Range River has decided to proceedwith the development of the Indee gold project before the end of thisfinancial year.


The Nanda People with GunsonResources Ltd

The working group representing theNanda People successfully negotiatedan agreement with Gunson Resources in late September 2004. The agreementcovers a proposed mineral sands miningproject in the Murchison region - 250 kilometres north of Geraldton. As part of the agreement, the NandaPeople and Gunson Resources willdevelop a cross-cultural educationprogram designed to break down anyprejudices that may exist within themining operations and to ensureAboriginal people feel welcome andincluded in the work environment. The company has also committed toprotecting Aboriginal heritage under anagreed heritage protocol.

(Below) Kariyarra traditionalowner Kerry Robinson(right) and Range River GoldManaging Director MichaelBeer sign a miningagreementImage courtesy of RangeRiver Gold

Native title representative bodies arerequired to provide a process for nativetitle parties to seek the review of anydecision taken by the NTRB that mayaffect them, according to Section 203BIof the Native Title Act 1993.The samesection also requires an NTRB topublicise the availability of suchprocesses.

YMBBMAC passed the reporting periodwithout call to perform its internal reviewfunction. Only new applicants forassistance were specifically advised ofthe availability of the internal reviewprocess. Existing recipients ofassistance were advised in writing of theavailability of this process at the time oftheir application.

Complaints

YMBBMAC passed through 2004/5without attracting complaints about the organisation.

Internal Review


(Below) Pilbara ChairpersonNeil FinlayImage by Robin Stevens

YMBBMAC must, under the Native TitleAct 1993, do all that it can to ensure thatit performs its functions as an NTRB. Inaddition to those functions outlined inprevious chapters, this includes:

• Consulting with Aboriginalcommunities which might beaffected by the matters with whichthe NTRB is dealing.

• Co-operating with other NTRBs for thepurpose of promoting the effectiveand efficient exercise of thefunctions and powers of NTRBs.

• Promoting an understanding aboutmatters relevant to the operation ofthe NTA.

YMBBMAC met all these obligationsduring the course of the previousreporting period.

Submissions

YMBBMAC provided three commonwealthparliamentary submissions and aresponse to a State Governmentconsultation during this period. The three commonwealth inquiries were:

• The Senate Committee Inquiry intothe Administration of IndigenousAffairs.

• The Native Title and The Aboriginaland Torres Strait Islander Land FundCommittee Inquiry into Native TitleRepresentative Bodies.

• The Committee on Aboriginal andTorres Strait Islander Affairs Inquiryinto Indigenous Employment.

YMBBMAC also provided a response to the Aboriginal Tourism MarketingStrategy for Western Australiadiscussion paper.

Ministerial directions

No Ministerial directions were receivedunder the Commonwealth Authoritiesand Companies Act 1997.

Review by outside bodies

There were no reviews by outside bodiesin the reporting period.

Judicial/tribunal decisions

There were no judicial decisions ordecision of administrative tribunalsconcerning YMBBMAC in the 2004/05period.

Evaluations/audit reports

No evaluations or audit findings(besides those concerning the 2004Annual Report) were made in the year.

Other functions


(Below) Ngarla traditionalowner Nora CookeImage by Robin Stevens

Enforcement proceedings

BACKGROUND

In November 2001, applicants from the Ngarla, Kariyarra, Palyku,Nyangumarta and Nyiyaparli claimantgroups commenced Federal Courtproceedings under section 203FC(4) of the Native Title Act 1993. Theseproceeding were designed to enforceministerial directions which require thePilbara Aboriginal Land Council (PALC) to give YMBBMAC access to documentsand records concerning these claimantgroups.

The parties were involved in mediation in the Federal Court without successfrom July to September 2002. Followingthis YMBBMAC, through Gadens Lawyers,submitted that the Minister’s directionscould be revoked and fresh directionsissued to deal with the variousdifficulties which arose in the course of mediation. The Minister revoked the

directions in January 2003 without priornotice to the parties. As a result, theFederal Court enforcement proceedingsin relation to the original Ministerialdirections had to be discontinued.

2004/05

Since that time the Minster has soughtfurther evidence and submissions fromYMBBMAC. In the 2004/5 period,YMBBMAC, through Gadens Lawyers,provided submissions and information inrelation to authorisation by the claimantgroups of their request to YMBBMAC torepresent them and to obtaindocumentation from PALC and in relationto details of document description andhistorical future act proceedings relatedto the relevant claims. By June 2005, it was understood that all necessaryinformation has been provided to theMinister to allow fresh directions to be issued.

Other functions (cont.)


(Below) William MitchellImage courtesy of

Robert Gordon Photography

financial reportfor the year ending 30 June 2005


2005

56 Audit report

58 Statement by Governing Committee, Executive Director and Chief Financial Officer

60 Statement of financial performance

61 Statement of financial position

62 Statement of cash flows

63 Schedule of commitments

64 Notes to the financial statements

56 Audit report

58 Statement by Governing Committee, Executive Director and Chief Financial Officer

60 Statement of financial performance

61 Statement of financial position

62 Statement of cash flows

63 Schedule of commitments

64 Notes to the financial statements

Anthropologist CharmaineJones, Aboriginal LiaisonOfficer Donny Wilson andNjamal traditional ownerTony Taylor on a Pilbara field trip.Image by Marjorie Syddall

Independent Audit Report


Financial Report for the year ending 30 June 2005

To the Members of the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation

SCOPE

The financial statements and director’s responsibility

The financial statements comprise:

• Statement by Governing Committee, Executive Director and Chief Financial Officer;

• Statements of Financial Performance, Financial Position and Cash Flows;

• Schedule of Commitments; and

• Notes to and forming part of the Financial Statements,

for YAMATJI MARLPA BARNA BABA MAAJA ABORIGINAL CORPORATION for the year ended 30 June 2005.

The members of the Committee are responsible for the preparation and true and fair presentation of thefinancial statements in accordance with the Finance Minister’s Orders made under the CommonwealthAuthorities and Companies Act 1997. This includes responsibility for the maintenance of adequate accountingrecords and internal controls that are designed to prevent and detect fraud and error, and for the accountingpolicies and accounting estimates inherent in the financial statements.

Audit approach

I have conducted an independent audit of the financial statements in order to express an opinion on them toyou. My audit has been conducted in accordance with the Australian National Audit Office Auditing Standards,which incorporate the Australian Auditing and Assurance Standards, in order to provide reasonable assurance asto whether the financial statements are free of material misstatement. The nature of the audit is influenced byfactors such as the use of professional judgement, selective testing, the inherent limitations of internal control,and the availability of persuasive, rather than conclusive, evidence. Therefore, an audit cannot guarantee thatall material misstatements have been detected.

While the effectiveness of management’s internal controls over financial reporting was considered whendetermining the nature and extend of audit procedures, the audit was not designed to provide assurance oninternal controls.

I have performed procedures to assess whether in all material respects the financial statements present fairly,in accordance with the Finance Minister’s Orders made under the Commonwealth Authorities and CompaniesAct 1997, Accounting Standards and other mandatory financial reporting requirements in Australia, a viewwhich is consistent with my understanding of YMBBMAC’s financial position and of its performance asrepresented by the statements of financial performance and cash flows.

The audit opinion is formed on the basis of these procedures, which included:

• examining, on a test basis, information to provide evidence supporting the amounts and disclosures in thefinancial statements; and

• assessing the appropriateness of the accounting policies and disclosures used, and the reasonableness ofsignificant accounting estimates made by the Board.

Independence

In conducting the audit, I have followed the independence requirements of the Australian National Audit Office,which incorporate Australian professional ethical pronouncements.

Audit Opinion

In my opinion, the financial statements:

(i) have been prepared in accordance with the Finance Minister’s Orders made under the CommonwealthAuthorities and Companies Act 1997 and applicable Accounting Standards; and

(ii) give a true and fair view, of the matters required by applicable Accounting Standards and other mandatoryfinancial reporting requirements in Australia, and the Finance Minister’s orders, of the Financial position ofYAMATJI MARLPA BARNA BABA MAAJA ABORIGINAL CORPORATION as at 30 June 2005, and its performance andcash flows for the year then ended.

PKFChartered Accountants

Ian P OlsonPartner

Dated at Perth this 19th day of September 2005


In our opinion, the attached financial statements for the year ended 30 June 2005 have been prepared basedon properly maintained financial records and give a true and fair view of the matters required by the FinanceMinister’s Orders made under the Commonwealth Authorities and Companies Act 1997.

In our opinion, at the date of this statement, there are reasonable grounds to believe that Yamatji Marlpa BarnaBaba Maaja Aboriginal Corporation will be able to pay its debts as and when they become due and payable.

This Statement is made in accordance with a resolution of the Governing Committee.

Anthony Dann Neil Finlay Simon Hawkins Stan StylianouChairperson Chairperson Executive Director Chief Financial OfficerYamatji Regional Committee Pilbara Regional Committee

19 Sept 2005 19 Sept 2005 19 Sept 2005 19 Sept 2005

Statement by Governing Committee,Executive Director and Chief Financial Officer



Notes 2005 2004$ $

REVENUE

Revenues from ordinary activities

Revenue from Commonwealth Government 5,895,821 5,100,250

Revenue from services 5A 3,936,077 2,181,929

Interest 5B 107,305 45,652

Revenue from sale of assets 5C 51,418 -

Other 5D 1,743,829 1,032,608

Revenues from ordinary activities 11,734,450 8,360,439

EXPENSE

Expenses from ordinary activities (excluding costs expense)

Employees 6A 4,503,353 3,369,144

Insurance expense 45,405 84,241

Office supplies expense 215,599 147,299

Travel & meeting costs 1,243,153 672,793

Motor vehicle expenses 305,965 211,813

Contractors & consultant fees 2,501,611 1,904,285

Borrowing costs expenses - 121,880

Lease expenses 210,514 199,703

Long service leave expense 6A 62,586 220,461

Redundancy provision expense 6A - 108,356

Depreciation and amortisation 6B 295,010 237,432

Value of assets sold 5C 57,507 42,157

Cost recovery expenses 1,110,282 480,283

Payroll and support costs 368,781 59,369

Telephone 240,665 183,619

Ancillary costs, fees and provisions 372,231 29,114

Expenses from ordinary activities 11,532,662 8,071,949

Operating surplus from ordinary activities 201,788 288,490

Net credit to asset revaluation reserve 14 26,480 -

Total revenues, expenses and valuation adjustments recognised directly in equity 26,480 -

Total changes in equity other than those resulting from transactions with owners as owners attributable to the members of Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation 228,268 288,490

Statement of Financial PerformanceFor the year ended 30 June 2005


Notes 2005 2004$ $

ASSETS

Financial assets

Cash 7A 1,721,783 1,894,794

Receivables 7B 934,076 1,035,063

Total financial assets 2,655,859 2,929,857

Non-financial assets

Land and buildings 8A 739,848 567,167

Plant and equipment 8B 1,114,052 555,171

Total non-financial assets 8C 1,853,900 1,122,338

TOTAL ASSETS 4,509,759 4,052,195

LIABILITIES

Provisions

Employees 9 603,535 701,756

Other provisions 8,002 65,940

Total provisions 611,537 767,696

Payables

Suppliers 10 814,116 356,872

Unexpended grants 11 237,090 396,479

Income received in advance 159,987 81,845

Accruals 12 353,834 94,382

Other payables 13 - 249,995

Total payables 1,565,027 1,179,573

Total liabilities 2,176,564 1,947,26

NET ASSETS 2,333,195 2,104,926

EQUITY

Revaluation reserve 26,480 -

Accumulated surplus 14 2,306,715 2,104,926

TOTAL EQUITY 14 2,333,195 2,104,926

Current assets 2,655,859 2,929,857

Non-current assets 1,853,900 1,122,338

Current liabilities 2,042,057 1,837,877

Non-current liabilities 134,507 109,392

Statement of Financial PositionAs at 30 June 2005



Notes 2005 2004$ $

OPERATING ACTIVITIES

Cash received

Receipts from government 6,302,417 5,632,784

Receipts from customers 6,424,027 3,541,247

Interest 101,110 45,652

Total cash received 12,827,554 9,219,683

Cash Used

Payments to suppliers 6,776,051 4,199,586

Payments to employees 4,432,658 3,148,833

GST paid to ATO 654,609 591,504

Interest and penalties paid - 121,880

Total cash used 11,863,318 8,061,803

NET CASH FROM OPERATING ACTIVITIES 15 964,236 1,157,880

INVESTING ACTIVITIES

Cash received

Proceeds from sales of property, plant and equipment 56,560 -

Total cash received 56,560 -

Cash used

Purchase of property, plant and equipment 1,193,807 216,350

Total cash used 1,193,807 216,350

NET CASH USED BY INVESTING ACTIVITIES (1,137,247) (216,350)

Net increase/ (decrease) in cash held (173,011) 941,530

Cash at the beginning of the reporting period 1,894,794 953,264

Cash at the end of the reporting period 1,721,783 1,894,794

Statement of Cash FlowsFor the year ended 30 June 2005


Notes 2005 2004$ $

BY TYPE

Other commitments

Operating leases 983,206 908,560

Total other commitments 983,206 908,560

NET COMMITMENTS BY TYPE 983,206 908,560

BY MATURITY

Operating lease commitments

One year or less 349,868 158,098

From one to five years 633,338 742,611

Over five years - 7,851

Total operating lease commitments 983,206 908,560

NET COMMITMENTS BY MATURITY 983,206 908,560

Commitments are GST inclusive where relevant

Schedule of CommitmentsAs at 30 June 2005



NOTE 1Summary of Significant Accounting Policies

1.1 BASIS OF ACCOUNTING

The financial statements are required by clause1(b) of Schedule 1 to the CommonwealthAuthorities and Companies Act 1997 and are ageneral purpose financial report.

The statements have been prepared inaccordance with:

• Finance Minister’s Orders (being theCommonwealth Authorities and CompaniesOrders (Financial Statements for reportingperiods ending on or after 30 June 2005));

• Australian Accounting Standards andAccounting Interpretations issued by theAustralian Accounting Standards Board; and

• Urgent Issues Group Abstracts.

The financial statements cover Yamatji MarlpaBarna Baba Maaja Aboriginal Corporation(YMBBMAC) as an individual entity. YMBBMACis an association incorporated under theAboriginal Councils and Associations Act 1976.

The Statements of Financial Performance andFinancial Position have been prepared on anaccrual basis and are in accordance withhistorical cost convention, except for certainassets, which, as noted, are at valuation.Except where stated, no allowance is made forthe effect of changing prices on the results orthe financial position.

Assets and liabilities are recognised in theStatements of Financial Position when and onlywhen it is probable that future economicbenefits will flow and the amounts of theassets or liabilities can be reliably measured.Assets and liabilities arising under agreementsequally proportionately unperformed arehowever not recognised unless required by anaccounting standard. Liabilities and assetsthat are unrecognised are reported in theSchedule of Commitments.

Revenues and expenses are recognised in theStatements of Financial Performance when andonly when the flow or consumption or loss ofeconomic benefits has occurred and can bereliably measured.

1.2 REVENUE

The revenues described in this Note arerevenues relating to the core operatingactivities of YMBBMAC.

Interest revenue is recognised on a timeproportionate basis that takes into account theeffective yield on the relevant asset.

Revenue from disposal of non-current assets isrecognised when control of the asset haspassed to the buyer.

Revenue from the rendering of a service isrecognised by reference to the stage ofcompletion of the contract to provide theservice. The stage of completion is determinedaccording to the proportion that costs incurredto date bear to the estimated total costs of thetransaction.

Receivables for services are recognised at thenominal amounts due less any provision forbad and doubtful debts. Collectability of debtsis reviewed at balance date. Provisions aremade when collectability of the debt is judgedto be less rather than more likely.

Revenue from grants received fromgovernment funding organisations isrecognised when received, and is deferred as aliability to the extent that unspent grants arerequired to be repaid to the fundingorganisation.

1.3 EMPLOYEE BENEFITS

Benefits

Liabilities for services rendered byemployees are recognised at the reportingdate to the extent that they have not beensettled.

Liabilities for wages and salaries (includingnon-monetary benefits), annual leave and

Notes to and forming part of the Financial Statements


sick leave are measured at their nominalamounts. Other employee benefits expectedto be settled within 12 months of thereporting date are also measured at theirnominal amounts.

The nominal amount is calculated with regardto the rates expected to be paid onsettlement of the liability.

All other employee benefit liabilities aremeasured as the present value of theestimated future cash outflows to be made inrespect of services provided by employeesup to the reporting date.

Leave

The liability for employee benefits includesprovision for annual leave and long serviceleave. No provision has been made for sickleave as all sick leave is non-vesting and theaverage sick leave taken in future years byemployees of YMBBMAC is estimated to beless than the annual entitlement for sick leave.

The leave liabilities are calculated on thebasis of employees’ remuneration, includingYMBBMAC’s employer superannuationcontribution rates to the extent that the leaveis likely to be taken during service ratherthan paid out on termination.

The liability for long service leave has beendetermined by reference to the work of anactuary as at 30 June 2005. The estimate ofthe present value of the liability takes intoaccount attrition rates and pay increasesthrough promotion and inflation.

Redundancy

Provision was made in 2003/04 forredundancy benefit payments. In accordancewith AASB 119, the provision has beenwritten back to the surplus in the 2004/05year.

Superannuation

Contributions are made to employeesuperannuation fund of their choice andcharged as expenses when incurred.

1.4 GRANTS

Most grant agreements require YMBBMAC toperform services, provide facilities or meeteligibility criteria. In these cases, YMBBMACrecognises grant liabilities only to the extentthat the services required have not beenperformed or the eligibility criteria have notbeen satisfied by YMBBMAC.

In cases where grant agreements are madewithout conditions to be monitored, liabilitiesare recognised on signing the agreement.

1.5 CASH

Cash means notes and coins held and anydeposits held at call with a bank or financialinstitution. Cash is recognised at its nominalamount. Interest is credited to revenue as itaccrues.

1.6 OTHER FINANCIAL ASSETS

Term deposits are recognised at cost.

1.7 OTHER FINANCIAL LIABILITIES

Trade creditors and accruals are recognisedat their nominal amounts, being the amountsat which the liabilities will be settled.Liabilities are recognised to the extent thatthe goods or services have been received(and irrespective of having been invoiced).

1.8 ACQUISITION OF ASSETS

Assets are recorded at cost on acquisitionexcept as stated below. The cost ofacquisition includes the fair value of assetstransferred in exchange and liabilitiesundertaken.

1.9 PROPERTY (LAND, BUILDINGS ANDINFRASTRUCTURE), PLANT AND EQUIPMENT

REVALUATIONS

Basis

Land, buildings and infrastructure are carriedat valuation, being revalued annually withsufficient frequency such that the carryingamount of each asset class is not materially




different, as at reporting date, from its fairvalue. Valuations undertaken in any year areas at 30 June.

Fair values for each class of asset aredetermined as shown below.

ASSET CLASS FAIR VALUE MEASURED AT:

Land Market selling price

Buildings Market selling price

Leasehold Depreciatedimprovements replacement cost

Land and building assets are subject to aformal valuation every three years. Formalvaluations are carried out by an independentqualified valuer. In between formalvaluations, these assets are revalued usingan appropriate index reflecting movements inthe value of similar assets.

Depreciation

Depreciable property plant and equipmentassets are written-off to their estimatedresidual values over their estimated usefullives to YMBBMAC using, in all cases, thediminishing balance method of depreciation.

Depreciation rates (useful lives) andmethods are reviewed at each reporting dateand necessary adjustments are recognisedin the current, or current and future reportingperiods, as appropriate. Residual values arere-estimated for a change in prices onlywhen assets are revalued.

Annual depreciation rates applying to eachclass of depreciable asset are as follows:

Buildings on freehold land 4%

Leasehold improvements 33.3%

Plant and equipment 15%-60%

Motor vehicles 22.5%

The aggregate amount of depreciationallocated for each class of asset during thereporting period is disclosed in Note 6B.

1.10 IMPAIRMENT OF NON-CURRENT ASSETS

Non-current assets carried at up-to-date fairvalue at the reporting date are not subject toimpairment testing.

Non-current assets carried at cost and held togenerate net cash inflows have been testedfor their recoverable amounts at the reportingdate. The test compared the carryingamounts against the net present value offuture net cash inflows. No write-down torecoverable amount was required (2004: nil).

The non-current assets carried at cost, whichare not held to generate net cash inflows,have been assessed for indications ofimpairment. Where indications ofimpairment exist, the asset is written downto the higher of its net selling price and, if theentity would replace the asset’s servicepotential, its depreciated replacement cost.

1.11 TAXATION

YMBBMAC is exempt from all forms oftaxation except fringe benefits tax and thegoods and services tax (GST).

Revenues, expenses and assets arerecognised net of GST:

• Except where the amount of GST incurredis not recoverable from the AustralianTaxation Office; and

• Except for receivables and payables.

1.12 COMPARATIVES

Where necessary, the prior yearcomparatives have been amended tofacilitate comparison with the current yearpresentation of financial information.


NOTE 2Adoption of Australian Equivalents toInternational Financial Reporting Standards from 2005-06

The Australian Accounting Standards Board hasissued replacement Australian Accounting Standardsto apply from 2005-06. The new standards are theAustralian Equivalents to International FinancialReporting Standards (AEIFRS). The InternationalFinancial Reporting Standards are issued by theInternational Accounting Standards Board. The newstandards cannot be adopted early. The standardsbeing replaced are to be withdrawn with effect from2005-06, but continue to apply in the meantime,including reporting periods ending on 30 June 2005.

The financial report has been prepared in accordancewith Australian Accounting Standards.

MAJOR CHANGES IN ACCOUNTING POLICY

Changes to major accounting policies are discussedin the following paragraphs.

Management’s review of the quantitative impacts ofAEIFRS represents the best estimate of the impacts ofthe changes as at reporting date. The actual effects ofthe impacts of AEIFRS may differ from these estimatesdue to:

• Continuing review of the impacts of AEIFRS onYMBBMAC operations;

• Potential amendments to the AEIFRS and AEIFRSInterpretations; and

• Emerging interpretation as to the acceptedpractice in the application of AEIFRS and theAEIFRS Interpretations.

PROPERTY, PLANT AND EQUIPMENT

Under AASB 116 Property, Plant and Equipment, thecommittee have elected to apply the revaluationmodel with reference to measuring property, plant andequipment. This new standard allows revaluationincrements to be credited to the asset revaluationreserve unless it reverses a revaluation decrement ofthe same asset previously recognised in thestatement of financial performance.

Any revaluation decrement is recognised in thestatement of financial performance unless it directlyoffsets a previous increment of the same asset in theasset revaluation reserve. An independent valuationof the land and buildings was performed at 30 June2005, and an asset revaluation reserve was createdto reflect the valuation in the financial report.

No impacts are expected on initial transition to AEIFRS,as the asset revaluation reserve did not exist at 1 July2004. As at 30 June 2005, no impact is expected asthe asset revaluation reserve would qualify forrecognition under AEIFRS, given the committee haveelected to apply the revaluation model in relation tomeasuring property, plant and equipment, and theincrement does not reverse a revaluation decrementof the same asset previously recognised in thestatement of financial performance.

IMPAIRMENT OF PROPERTY, PLANT AND EQUIPMENT

YMBBMAC currently applies the recoverable amounttest to its non-current assets carried at cost with therecoverable amount usually based on the amount thatis expected to be recovered through its continued useand subsequent disposal. Under AASB 136Impairment of Assets, the recoverable amount of anasset is determined as the higher of net selling priceand value in use. It is likely that this change will leadto impairments being recognised more often thanunder the existing policy. The write down ofinformation technology equipment value in use basedon management’s best estimate of the future cashflows the entity expects to derive from continued useof the asset in its current condition is $39,689 for theyear 2004/05.

TREATMENT OF CAPITAL GRANTS

Grants relating to the purchase of property, plant andequipment would be recognised at its fair value andtreated as an asset and as income when theorganisation gains control of the contribution. This is in accordance with the treatment of grantsunder AASB 1004 of the Australian accountingstandards. Not for profit entities are still required tocomply with AASB 1004 under AEIFRS and, therefore,there is no change to the treatment of grants on theadoption of AEIFRS.




DECOMMISSIONING, RESTORATION AND MAKE-GOOD

When assessing accommodation leases for thepreparation of the opening balance sheet, noobligations under the leases for make-good weredetermined.

In relation to non-financial assets, YMBBMAC hasassessed at the reporting date that there is noobligation for decommissioning, restoration or make good.

EMPLOYEE BENEFITS

The provision for long service leave is measured at thepresent value of estimated future cash outflows usingmarket yields as at the reporting date on nationalgovernment bonds.

The 2003-04 Financial Report noted that AEIFRS mayrequire the market yield on corporate bonds to beused. The AASB has decided that a deep market inhigh quality corporate bonds does not exist andtherefore national government bonds will bereferenced.

AEIFRS also require that annual leave that is notexpected to be taken within 12 months of balancedate is to be discounted. After assessing the staffleave profile, YMBBMAC does not expect that anymaterial amounts of the annual leave balance will notbe taken in the next 12 months. Consequently, thereare no adjustments for non-current annual leave.

FINANCIAL INSTRUMENTS

AEIFRS include an option for entities not to restatecomparative information in respect of financialinstruments in the first AEIFRS report. It is expectedthat Finance Minister’s Orders will require entities touse this option. Therefore, the amounts for financialinstruments presented in the YMBBMAC Authority’s2004-05 primary financial statements are notexpected to change as a result of the adoption ofAEIFRS.

YMBBMAC Authority will be required by AEIFRS torestate the carrying amount of financial instrumentsat 1 July 2005 to align with the accounting policiesrequired by AEIFRS. It is expected that the carrying

amounts of most financial instruments held by YMBBMAC Authority will be unaffected by this requirement.

NOTE 3Economic Dependency

Yamatji Marpla Barna Baba Maaja AboriginalCorporation is an association incorporated under the Aboriginal Councils and Associations Act 1976.

YMBBMAC is dependent on funding from theCommonwealth of Australia for its continuedexistence and ability to carry out its normalactivities.

NOTE 4Events Occurring After Reporting Date

A writ was issued on 16 August 2005 and 19 August2005 by Fortescue Metals Group on the organisationfor defamation. YMBBMAC has sought advice, deniedliability, is defending the action and has notified itsinsurers and is confident of a successful outcome inour favour. To date we are not aware of the extent ofany possible liability.





2005 2004$ $

NOTE 5: Operating Revenues

NOTE 5A: REVENUE FROM SERVICES

Rendering of services to:

External entities 3,936,077 2,181,929

Total rendering of services 3,936,077 2,181,929

NOTE 5B: INTEREST REVENUE

Interest on deposits 107,305 45,652

Total interest revenue 107,305 45,652

NOTE 5C: REVENUE FROM SALES OF ASSETS

Plant and equipment:

Proceeds from disposal 51,418 -

Net book value of assets disposed (57,507) (42,157)

Total net loss from disposal of plant and equipment (6,089) (42,157)

NOTE 5D: OTHER

Other grants:

Staffing 1,227,961 754,857

Expenses and capital 324,988 130,947

Other income 3,642 33,843

Provision for doubtful debts written back - 112,961

Provision for GST written back 78,882 -

Provision for redundancy written back 108,356 -

Total other 1,743,829 1,032,608

NOTE 6: Operating Expenses

NOTE 6A: EMPLOYEE EXPENSES

Wages and salaries 3,860,853 2,867,732

Superannuation 318,044 243,521

Other employee benefits 299,830 179,122

Total employee benefits expenses 4,478,727 3,290,375

Workers compensation premiums 24,626 78,769

Employee expenses 4,503,353 3,369,144

Leave and other entitlements 62,586 220,461

Provision for redundancy - 108,356

Total employee expenses 4,565,939 3,697,961


2005 2004$ $

NOTE 6B: DEPRECIATION AND AMORTISATION

Depreciation of property, plant and equipment 212,719 211,689

Amortisation of leasehold assets 82,291 25,743

Total depreciation and amortisation 295,010 237,432

The aggregate amounts of depreciation or amortisation expensed during the reporting period of each class of depreciable asset are as follows:

Buildings on freehold land - 1,174

Leasehold improvements 82,291 24,570

Plant and equipment 138,401 141,642

Motor vehicles 74,318 70,046

Total depreciation and amortisation 295,010 237,432

NOTE 7: Financial AssetsNOTE 7A: CASH ASSETS

Cash on hand 1,000 1,000

Cash at bank 295,945 786,794

Term deposit 1,424,838 1,107,000

Total other 1,721,783 1,894,794

Term deposits are with YMBBMAC’s bank and earn an effective rate of interest of 5.3% (2004: 4.1%) payable monthly.

NOTE 7B : RECEIVABLES

Trade receivables 1,114,572 980,907

Less: Provision for doubtful debts (261,284) (72,889)

853,288 908,018

GST receivable 29,218 -

Income receivable 21,131 119,167

Other receivables 30,439 7,878

Total receivables (net) 934,076 1,035,063

All receivables are current assets.

Trade receivables are aged as follows:

Overdue by:

Less than 30 days 667,045 429,080

30-60 days 100,325 145,953

60-90 days 67,718 32,058

More than 90 days 279,484 373,816

Total trade receivables (gross) 1,114,572 980,907




2005 2004$ $

NOTE 8: Non Financial Assets

NOTE 8A: LAND AND BUILDINGS

Freehold land

At valuation 30th June 2005 195,000 168,519

Total freehold land 195,000 168,519

Buildings on freehold land

- At valuation 30th June 2005 355,000 347,558

Total buildings on freehold land 355,000 347,558

Leasehold improvements

- At cost 324,085 103,035

- Accumulated amortisation (134,237) (51,946)

Total leasehold improvements 189,848 51,089

Total land and buildings (non-current) 739,848 567,167

NOTE 8B: PLANT AND EQUIPMENT

Plant and equipment

- At cost 1,830,258 1,161,686

- Accumulated depreciation (716,206) (606,515)

Total plant and equipment (non-current) 1,114,052 555,171

All revaluations are independent and are conducted in accordance with the revaluation policy stated at Note1.9. In 2004-05, the revaluations were conducted by an independent valuer W Kalajzich (LV44042). Theamount includes costs of $7,442 (2004: $25,834), which have been capitalised.

Movement in asset revaluation reserve

Increment for land 26,480 -


NOTE 8C : RECONCILIATION OF THE OPENING AND CLOSING BALANCES OF PROPERTY, PLANT AND EQUIPMENT

Buildings Buildings-on Freehold Leasehold Plant and Motor

Item Land Land Improvements Equipment Vehicles TotalAs at 1 July 2004 $ $ $ $ $ $

Gross book value 168,519 348,732 103,035 636,422 525,264 1,781,972

Accumulated depreciation/ amortisation - (1,174) (51,946) (358,407) (248,108) (659,635)

Opening net book value 168,519 347,558 51,089 278,015 277,156 1,122,338

Additions

By purchase - 7,442 221,050 210,029 646,759 1,085,280

Net revaluation increment 26,480 - - - - 26,480

Depreciation/amortisation expense - - (82,291) (138,401) (74,318) (295,010)

Disposals

Other disposals - - - - (57,507) (57,507)

Asset transfers - - - - (27,681) (27,681)

As at 30 June 2005

Gross book value 195,000 355,000 324,085 846,451 983,807 2,704,343

Accumulated depreciation/ amortisation - - (134,237) (496,809) (219,397) (850,443)

Closing net book value 195,000 355,000 189,848 349,642 764,410 1,853,900

ASSETS AT VALUATION

As at 30 June 2005

Gross value 195,000 355,000 324,085 846,451 983,807 2,704,343

Accumulated depreciation/amortisation - - (134,237) (496,809) (219,397) (850,443)


As at 30 June 2004

Gross value 168,519 348,732 103,035 636,422 525,264 1,781,972

Accumulated depreciation/amortisation - (1,174) (51,946) (358,407) (248,107) (659,634)





2005 2004$ $

NOTE 9: Provisions

Employee provisions

Salaries and wages 24,912 116,209

Leave 578,623 477,191

Separation and redundancy - 108,356

Aggregate employee entitlement liability 603,535 701,756

Workers’ compensation 24,626 78,769

Aggregate employee benefit liability and related on costs 628,161 780,525

Current 493,655 671,133

Non-current 134,507 109,392

628,162 780,525

NOTE 10: Suppliers

Trade creditors 814,116 356,872

NOTE 11: Unexpended Grant

Unexpended grant carried forward 237,090 396,479

Unexpended grant carried forward represents grant funds received specifically for approved budget items and which are repayable to the funding organisation to the extent the funds are unspent.

NOTE 12: Accruals

Accrued wages and superannuation 41,039 12,006

General accruals 312,795 82,376

Total accruals 353,834 94,382

NOTE 13: Other Payables

Net GST payable to the ATO - 249,995

NOTE 14: Equity

Analysis of equity

Accumulated surplus as at 1 July 2,104,926 2,198,006

Correction of fundamental error - (381,570)

Surplus from ordinary activities 201,789 288,490

Accumulated surplus as at 30 June 2,306,715 2,104,926

Net revaluation increment 26,480 -

Total equity as at 30 June 2,333,195 2,104,926


2005 2004$ $

NOTE 15: Cash Flow Reconciliation

NOTE 15: RECONCILIATION OF OPERATING SURPLUS TO NET CASH FROM OPERATING ACTIVITIES:

Operating surplus before extraordinary items 201,788 288,490

Non-cash items

Depreciation and amortisation 295,010 237,432

Loss on disposal of assets 6,089 42,157

Loss on asset transfer 27,681 -

Changes in assets and liabilities

(Increase) / decrease in receivables 130,205 (68,685)

(Increase) / decrease in prepayments - 45,057

Increase / (decrease) in employee provisions (6,923) 358,100

Increase / (decrease) in supplier payables 288,247 138,907

Increase / (decrease) in grants payable (159,389) 14,909

Increase / (decrease) in income in advance 78,142 81,845

Increase / (decrease) in GST utilised in investing activities 103,386 19,668

Net cash from / (used by) operating activities 964,236 1,157,880

NOTE 16: Remuneration of Officers

The number of officers who received or were due to receive total remuneration of $100,000 or more:

2005 2004

$100,000 - $109,999 - -

$110,000 - $119,999 - 1

$120,000 - $129,999 2 1

Total 2 2

The aggregate amount of total remuneration of officers shown above. 252,870 243,434




Note 17: Financial Instruments

NOTE 17A: INTEREST RATE RISK

Floating Interest Fixed Interest Financial Rate Rate Maturing In Non-Interest WeightedInstrument 1 Year or less Bearing Total Average

2005 2004 2005 2004 2005 2004 2005 2004 2005 2004$ $ $ $ $ $ $ $

Financial assets

Cash on hand - - - - 1,000 1,000 1,000 1,000

Deposits at call 295,945 786,794 - - - - 295,945 786,794 5.00% 4.00%

Receivables for services (gross) - - - - 912,945 915,896 912,945 915,896

Other - - - - 21,131 119,167 21,131 119,167

Term deposit - - 1,424,838 1,107,000 - - 1,424,838 1,107,000 5.30% 4.04%

Total 295,945 786,794 1,424,838 1,107,000 935,076 1,036,063 2,655,859 2,929,857

Total assets 4,509,759 4,052,195

Financial liabilities

Trade creditors - - - - 814,116 356,872 814,116 356,872 n/a n/a

Grants payable - - - - 237,090 396,479 237,090 396,479 n/a n/a

Other payables - - - - 513,821 426,222 513,821 426,222 n/a n/a

Total - - - - 1,565,027 1,179,573 1,565,027 1,179,573

Total Liabilities 2,333,643 1,947,269

Financial assets

The net fair values of cash, deposits on call and non-interest-bearing monetary financial assets approximate their carryingamounts.

The net fair values of the term deposits are based on discounted cash flows using current interest rates for assets with similarrisk profiles.

Financial liabilities

The net fair values for trade creditors and grant liabilities, all of which are short-term in nature, are approximated by theircarrying amounts.


NOTE 17B: CREDIT RISK EXPOSURES

The maximum exposures to credit risk at reporting date in relation to each class of recognised financial assetsis the carrying amount of those assets as indicated in the Statement of Financial Position.

The organisation has no significant exposures to any concentrations of credit risk.

NOTE 18: Remuneration of Auditors

2005 2004$ $

The fair value of services provided was:

Audit services 18,510 33,879

Other services - 11,207

18,510 45,086

NOTE 19: Average Staffing Levels

2005 2004

The average staffing levels for the entity during the year were: 73 58

NOTE 20: Reporting of Outcomes

Combined outcomes of YMBBMAC

Price of NTRB outputs ACTUAL 2005 BUDGET 2005 VARIANCE 2005$ $ $

Output Group 1. Facilitation & Assistance 4,747,587 4,296,066 451,521

Output Group 2. Certification 48,419 38,993 9,426

Output Group 3. Dispute Resolution 45,139 38,190 6,949

Output Group 4. Notifications 208,868 237,874 (29,006)

Output Group 5. Agreement Making 92,008 76,490 15,518

Output Group 6. Internal Review 25,286 29,137 (3,851)

Output Group 7. Other Functions 239,683 188,993 50,690

Output Group 8. Governance and Administration 562,456 594,127 (31,671)

Total price of outputs 5,969,446 5,499,870 469,576

Source of funding

Revenue from Australian Government for NTRB outputs 5,871,311 5,499,870 371,441

Revenue from other sources 98,135 0 98,135

Total price of outputs 5,969,446 5,499,870 469,576

Perth

5th Floor Septimus Roe Building256 Adelaide Terrace Perth WA 6000

P.O. Box Y3072 East St. Georges Tce Perth WA 6832

Tel: (08) 9268 7000Fax: (08) 9225 4633

Geraldton

171 Marine Terrace Geraldton WA 6530

P.O. Box 2119 Geraldton WA 6531

Tel: (08) 9965 6222Fax: (08) 9964 5646

Karratha

Unit 1/24 DeGrey Place Karratha WA 6714

P.O. Box 825 Karratha WA 6714

Tel: (08) 9144 2866Fax: (08) 9144 2795

South Hedland

3 Brand Street Sth Hedland WA 6722

P.O. Box 2252 South Hedland WA 6722

Tel: (08) 9172 5433Fax: (08) 9140 1277

Tom Price

118 Oleander Street Tom Price WA 6751

P.O. Box 27 Tom Price WA 6751

Tel: (08) 9188 1722Fax: (08) 9188 1996

www.yamatji.org.au

YAMATJI MARLPA BARNA BABA MAAJA ABORIGINALCORPORATION

ymac annual report 2005

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