ymac annual report 2006

YAMATJI MARLPA BARNA BABA MAAJA ABORIGINAL CORPORATION

The Hon Mal Brough MPMinister for Families, Community Services and Indigineous AffairsMinister Assisting the Prime Minister for Indigineous AffiarsParliament HouseCanberra ACT 2600

15th October 2006

Dear Minister,

Letter of Transmittal

In accordance with section 203DC of the Native Title Act 1993,we have pleasure in presenting the annual report of the Yamatji MarlpaBarna Baba Maaja Aboriginal Corporation together with the organisation’saudited financial statements for the financial year ended June 30, 2006.

Yours sincerely,

Wayne Warner Neil FinlayCo-Chairperson Co-ChairpersonYamatji Pilbara

YAMATJI MARLPA BARNA BABA MAAJA ABORIGINAL CORPORATIONYAMATJI LAND AND SEA COUNCIL

PILBARA NATIVE TITLE SERVICE

NATIVE TITLE REPRESENTATIVE BODY

06

4 Co-chairpersons’ reportExecutive director’s report 5

6 Legal developmentsThe regulatory environment 10

12 The economic landscapeAn overview of the organisation 14

Faciliatation and assistance 3034 Certification

Dispute resolution 3537 Native title claim updates

Notification 7476 HeritageAgreement making 77

81 Internal reviewOther functions 82

83 Financial Statements

Contents Rock art, Banyjima country. Image courtesy of Robert Gordon Photography.

Much has been achieved in native title in the2005/06 reporting period. In total, more than20 native title agreements were reached acrossboth the Yamatji and Pilbara regions in the pastyear. Interestingly, many of the deals aredifferent - showing that each group has its ownneeds and priorities.And while they have allbeen significant, there have been specialmoments, including:

• Wajarri Yamatji reaching an explorationagreement with Midwest Corporation overthe exploration of the Weld Ranges.Theagreement required sensitivity andunderstanding on behalf of the companybecause the Weld Ranges is an area ofexceptional cultural significance.The deal is not only one of the country’smost comprehensive land accessagreements, it is also an example of bestpractice in native title explorationagreements.

• Njamal signing three deals in one day,confirming their status as one of the leadingnative title negotiators in the country.Theprovisions of the deals were alsoremarkable and included the allocation offunding for the collection of preservationevidence to advance the recording ofcultural and historic knowledge held by

Njamal Elders and a requestby traditional owners for fundsto be donated to the RoyalFlying Doctor Service ofAustralia and the CancerCouncil Australia.

The mining boom of WesternAustralia was originally aPilbara story only, but it hasnow moved south, so that theMurchison/Gascoyne has alsobecome the focus of high levelindustry activity.Yamatji peoplehave joined their Pilbara

neighbours in trying to juggle the often difficultresponsibilities of protecting country andculture with economic development interests.

The boom provides great opportunities for animprovement in the economic position ofYamatji and Pilbara communities and is oftenwelcomed by traditional owners. However,claimants continue to have an expectation forcompanies to be respectful of the role andresponsibility of traditional owners as well asfor the land being developed.

While native title continues to be the mainfocus of this organisation, there has also been agrowth in non-native title activity in both regions.The establishment of a Caring for Country teamthis year in the Yamatji region is very excitingand we look forward to seeing the results fromthis new initiative. In the Pilbara, theappointment of a Community DevelopmentOfficer has also been important and will add tothe good work being done by the BusinessDevelopment Officer in the region.

YMBBMAC’s role is becoming more importantfor Aboriginal people in the Yamatji and Pilbararegions. Now that ATSIC is gone, there is noIndigenous structure that can speak on behalfof Aboriginal people in the broader politicalenvironment.YMBBMAC is recognising theneed for it to take on more responsibilities inthis area. Our communities continue to needrepresentation and the land council has shownthat it can achieve a lot on behalf of Aboriginalpeople. Both the two regional committees andthe Governing Committee see the importanceof taking a leading role in ensuring that mattersaffecting our country, culture and our people’sconcerns are kept in the spotlight ofgovernment and the public.

Additionally, the National Native Title Councilis being formed by native title representativebodies from around the country.The aim ofthe council is to provide a collective voice forAboriginal people.YMBBMAC has given in-principle support to the organisation and if ourinvolvement is formalised we, as chairs of theGoverning Committee, will take leadershiproles in the initiative.

Once again, we would like to congratulatemanagement and staff at the land council for alltheir effort and work through the year.We lookforward to continuing to work with them and toachieving another year of exciting developmentfor the traditional owners we represent.

Co-Chairpersons’ Report

4 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2006

In total, morethan 20 nativetitle agreementswere reachedacross both theYamatji andPilbara regionsin the past year

Pilbara Chairperson Neil Finlay (left) and YamatjiChairperson Wayne Warner. Image by Justin Cvitan.

The 2005/06 reporting period has been busyand productive on all fronts.At a corporatelevel, we have seen the implementation of thecertified agreement.This agreement shouldimprove staff recruitment and retention, which,as an ongoing problem for the organisation, hasbeen a priority for us to resolve.

The year has also seen an increase in fundingfrom the Office of Indigenous Policy Co-ordination which has been of greatassistance.As part of this, the land council hasreceived an increase in capital funding whichhas come at a time of considerable need.Thisincrease has provided us with a range ofnecessary tools, including new computers,vehicles as well as some office renovations.

At an operational level we have also seensignificant developments.Among the operationalhighlights for YMBBMAC this year were thebinding initial agreements reached between RioTinto Iron Ore and six Pilbara native title claimsthat we represent. Not only are the agreementsimpressive in themselves, but they come aftertwo years of negotiations which have been, attimes, complex.YMBBMAC staff have showntheir commitment throughout these negotiationsto achieving the best outcomes for traditionalowners and the results are a credit to them. Iwelcome the company’s changed approach inorder to reach this outcome and look forwardto working with all parties in the development offurther positive achievements and to defining,with traditional owners, the role this organisationwill play in future stages of the project.

YMBBMAC has focused on promoting its workto external audiences during this reportingperiod, maintaining an active presence in thebroader parliamentary and commercialenvironment. In doing so, it has given evidenceto two Commonwealth inquiries and hasprovided a response to the State Governmentreview of the Department of Indigenous Affairs.The organisation has also provided a submissionto the review of the Native Title Act and we willbe watching closely the outcome of the review’sproposed changes and the impact that it willhave on the rights and interests of claimants.

The organisation has also tried to improve itsrelationships with proponents by hosting its firststakeholders’ day seminar, designed to developdialogue and understanding of YMBBMAC’sactivities for proponents, government agenciesand members of parliament.The event provedhighly successful and is expected to be heldagain in the first half of 2007.

As a further part of this promotional drivewe launched the new YMBBMAC website in December, which is continuing to undergochanges as it strives to meet the needs of allaudiences. Additionally, on a more face-to-face level I have represented theorganisation at three international miningconferences held in Australiaduring the year. In October, Igave a speech at theExcellence in Explorationand Mining conference heldin Sydney, while I also gavepresentations to each of theAssociation of Mining andExploration (AMEC)conferences held in July 2005 and June this year.Our presence at the AMECconferences also included aYMBBMAC booth at both events, attendedby land council staff, which proved to be aneffective promotional tool.

In the wake of ATSIC it has been the ambition of YMBBMAC members to takemore responsibility for the representation of Aboriginal people on issues affecting them in the Yamatji and Pilbara regions as well as on a broader level.Wherever possible andappropriate,YMBBMAC will provideassistance to traditional owners in increasingtheir level of participation and involvementin matters affecting them, their communityand their country.

The 2006/07 reporting period is alreadylooking to be another positive year forYMBBMAC. I look forward to working withboth Governing Committee chairs, membersof each of our committees and staff toachieve even more on behalf of thetraditional owners we represent.

Executive Director’s Report

5Annual Report 2006 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation

YMBBMAC has focused onpromoting itswork to externalaudiences duringthis reportingperiod

YMBBMAC Executive Director Simon Hawkins.Image by Robin Stevens.

CONNECTION REPORTSAND NEGOTIATIONSFOR CONSENTDETERMINATIONS AND ALTERNATIVESETTLEMENTS

YMBBMAC continues to recommend seekingdetermination of native titleapplications by consent.Thisapproach remains the mostefficient and satisfactory way ofobtaining recognition fortraditional owners as it avoidsexpensive and stressfuladversarial hearings.To achievethis,YMBBMAC has beensubmitting connection reports to comply withthe State of Western Australia’s Guidelines forthe Provision of Information in Support ofApplications for a Determination of Native Title,published in October 2004.The State will notgenerally enter into consent determinations fornative title without connection reports beingsubmitted in this way.

In addition, where it is in the best interestsof the traditional owners,YMBBMAC alsomay recommend that they enter intonegotiations for alternative settlement

agreements with respondentparties.This is an alternative toobtaining a determination ofnative title.The State iscurrently working on a policyfor such alternativesettlements.

In the reporting period,a connection report wassubmitted on behalf of theNyangumarta People in thePilbara region. Supplementarywork has been carried out on connection material for theBadimia People, the Karriyarra

People and the Thudgari People followingconnection reports submitted in previousreporting periods.

There have been intensive negotiations witha view to arriving at a consent determinationfor the Ngarla People in the Pilbara region. Itis hoped that this will be finalised later in2006. If successful, this will be the first

consent determination in that region.Thenegotiations have included agreeing the formof an Indigenous land use agreement withthe pastoralists concerned.

Work continues in the Geraldton regiontowards an alternative settlement for thesouthern group of claims.

YMBBMAC has also been involved innegotiations in relation to a consentdetermination for the Eastern Guruma claim.YMBBMAC does not act for this claim buthas been working to resolve overlaps onclaims for which we do act.

GENERAL CLAIM WORK

There are currently no matters in theYMBBMAC regions that are subject toFederal Court time-tabling orders for a trial.The Yugunga-Nya and Badimia claims fromthe Geraldton region had been listed fortrial but YMBBMAC was involved in asuccessful land summit in the Goldfieldsthrough which numerous overlaps betweenclaims were able to be resolved and thematters taken out of trial.

During the reporting period, the Kulyakartuclaim was lodged by YMBBMAC.

In the meantime, a substantial amount of workcontinues in relation to mediations betweenoverlapping claims and amendments toremove such overlaps, research work onproper boundaries and meetings in relation toauthorisation and replacement of applicants.

Legal Developments


YMBBMACcontinues torecommendseekingdeterminationof native titleapplications byconsent.

The claims and litigation environment

Agreement making. Image by Linda Back.

WHAT IS A DETERMINATION?

When a court makes a decision aboutwhether native title does or does not existin a particular area of land or waters, it isreferred to as a determination.

Where a determination is said to exist, therights and interests of the native title groupwill also be set down.

The process of determining native title tendsto take a considerable amount of time andis often a complicated process.

APPEAL ON AN EXPEDITEDPROCEDURE MATTER

YMBBMAC appealed the decision of theNational Native Title Tribunal on thequestion of whether a miscellaneous licencefor a mining camp, which creates rights thatwould amount to major physicaldisturbance, would qualify for the expeditedprocedure. Unfortunately the appeal wasnot successful but the Full Court didindicate that any suggestion that a miningcamp was not a major disturbance would be unreasonable.


APPEAL IN NGARLUMAYINDJIBARNDI CLAIM

YMBBMAC lodged an appeal on behalf ofthe Ngarluma and Yindjibarndi people inMay 2005 on a few discrete legal issuesconcerning:

• The findings that five pastoral leasesextinguished native title.

• The geographical limits on the exerciseof rights within the determined area.

• The findings on the application of s47Ato the Mount Welcome properties.

• The finding that temporary reservesexcluded the operation of s47B. (s47A ands47B are sections allowing pastextinguishment to be ignored incircumstances where those sections apply.)

The State lodged a cross-appeal on the waythe groups were described in thedetermination and the finding that theNgarluma People had native title over theKarratha area.The Commonwealth alsolodged a cross appeal on the decision toallow more than one prescribed bodycorporate to be appointed for an overlaparea between the two groups and a similarappeal to YMBBMAC’s on the pastoralleases extinguishing native title.The Wong-Goo-Tt-Oo claimants also lodged a separateappeal on the finding that they did not holdnative title as a separate group.

Through extensive negotiations,YMBBMACwas able to get the other parties to agree tothe appeal succeeding in relation to theextinguishing effect of pastoral leases and onthe geographical limits on the rights.This stillhad to be subject to the Court upholding tothe appeal on those issues but it meant thatthere was no argument put against the appealon those two points.The two sets of appealswere argued over three days in May 2006.The decision on the appeal was reserved bythe Full Court.

Ngarlawangga traditional owners Kelman Smirke and Anthony Hyland with RioTinto representative Andrew Cutten on a heritage survey in Ngarlawangga country.Picture by Robin Stevens.

SUPREME COURT ACTIONS TO SETASIDE AN AGREEMENT FORUNCONSCIONABILITY ANDDEFAMATION WRITS

In August last year,YMBBMAC launched anurgent action in the Supreme Court ofWestern Australia to set aside an agreementwith Fortescue Metals Group signed by theNyiyaparli Applicants.The causes of actionclaimed in the proceedings includedunconscionability and misleading anddeceptive conduct. YMBBMAC engagedChris Zelestis QC as senior counsel on thisaction. The action was withdrawn after theissues between the parties were resolved.

At about the same time, FMG issueddefamation actions against Simon Hawkins,YMBBMAC’s Executive Director, and theorganisation.

The defamation writs were in relation tovarious statements made in press releaseswhich were issued to protect the interestsof the Nyiyaparli People. As at the end ofthe reporting date, the defamationproceedings were still on foot.

WHAT IS NATIVE TITLE?

Native title is the legal recognition inAustralia that a system of law and landownership was held by societies ofAboriginal people before colonisation andmay exist today.The law recognises theexistence of native title when it isdemonstrated that a traditional connectionto land and waters has been maintained andwhere it has not been removed bygovernment acts.

Native title may exist in vacant crown land;some national parks; some types of pastorallease; and some land held for Aboriginalcommunities. It can sometimes also exist forinland and coastal waters which are notprivately owned: public rights of access tothese areas will not be affected.

Native title is extinguished in any areawhere freehold exists; native title cannottake away anyone else’s valid rights; nohomes or mining leases will be lost as aresult of native title; and where there is aconflict between native title rights and therights of another person, the rights of theother person always prevail.

Legal Developments


(Cont.)

Amangu Working Group with presentation from Mount Gibsonrepresentatives. Image courtesy of Robert Gordon Photography.

WARDEN’S COURT ANDINDEPENDENT PERSON HEARINGS

In relation to certain mining tenementapplications,YMBBMAC has continued toreceive instructions to lodge objectionsbefore the warden.There have been a fewsuch hearings in the reporting period beforewardens in Karratha.

For information about future actnegotiations please see pages 74 and 77.

Yamatji wildflowers.Image courtesy of Robert Gordon Photography.

A series of legislative initiatives in the2005/06 reporting period has changed, orpromise to change, the environment in which

YMBBMAC operates. At aCommonwealth level, thereview of the Native TitleAct, initiated in September2005, has caused concernfor many native titlerepresentative bodies andother organisationssympathetic to thepromotion of rights forAboriginal people inAustralia.

While YMBBMAC acceptsthere is room forstreamlining the NTA, itholds grave concerns thatthe enormous lobbyingpower of industry, togetherwith the currentconservative political

climate, threatens to produce a reversal inthe protection of the rights and interests ofAboriginal people, which are alreadydemonstrably inadequate, given the clearinequalities in which Aboriginal peoplecontinue to live.

In December 2005,YMBBMAC provided asubmission to the review of the NTA andlargely opposed changes to the Act.Theorganisation also provided a response to theState Government’s submission to the samereview.There were no further developmentsof this review during the remainder of thereporting period. However, theCommonwealth Attorney-General’sDepartment released its recommendationsfor reforms to the Native Title Act in August2006.YMBBMAC will be responding to theserecommendations.

The Aboriginal Councils and Association Act

Following a major review of the AboriginalCouncils and Associations Act in early 2005 itwas determined that the Act requiresupdating.The Corporations (Aboriginal andTorres Strait Islander) Bill 2005 was introducedinto Federal Parliament in June with the aimthat it will replace the ACAA once it ispassed. If parliament agrees to the Bill, it will

become law on 1 July 2007. Some parts ofthe new law may come into force at a laterdate.

In effect the new Act will mirror theCorporations Act 2001in many ways, includingreporting governance and regulations and willprovide Indigenous people with a modernincorporation statute.

For NTRBs, the Bill seeks to ensure thatit remains consistent with native titlelegislation and:

• Requires NTRBs to have in their name thewords ‘registered native title bodycorporate’ or RNTBC.

• RNTBCs will be grouped into small,medium and large with different reportingrequirements. Definitions of size are yet tobe determined but will likely be based on acombination of turnover, capital andnumber of members.

• Senior officers of the organisation are givenduties and responsibilities similar to publicofficers under the Corporations Act and mustexercise duty of care, honesty anddisclosure and avoid conflicts of interest.

• Members rights will be protected by theregistrar who can intercede on their behalf.However the Bill ensures that themembers’ rights cannot be used to preventthe RNTBC from undertaking itsobligations under the NTA.

• The registrar can undertake reviews andexamine records of the organisation.

There are some significant differences betweenthe Bill and the ACAA.These include:

• The registrar can exempt organisationsfrom holding AGMs if there is no reason tohave one.

• Allowing AGMs to be held with video ortelephone conferencing and in language.

• Officers of the organisation will have similarresponsibilities to those under theCorporations Act.

• Whistleblower protection is similarto the CA.

• A civil penalties regime will be introducedsimilar to the CA which has a large numberof penalties.

The Regulatory Environment


A series oflegislativeinitiatives in the2005/06reporting periodhave changed, orpromise tochange, theenvironment inwhich YMBBMACoperates.

Impact of the Mining Act Amendment Act

The Western Australian Mining ActAmendment Act was introduced in 2004 withthe objective of reducing the existing backlogof mining tenements. The Act, which cameinto effect in March 2005, has had asignificant impact on the number ofapplications being made for miningtenements in WA.

The Act extends the terms of bothprospecting and exploration licences and,importantly, it also requires that anyapplication for a mining licence beaccompanied by a mineralisation reportsubstantiating that significant mineralisationexists in the land that is the subject of theapplication.

In anticipation of the amendments cominginto effect, a large number of applications formining tenements were filed. Subsequently,the number of applications being made hasdropped considerably in this reporting period– a trend that can also be attributed to therequirement for a mineralisation report withmining tenement applications.

Further, the Act introduced a scheme toallow mining proponents to convert theirexisting mining tenements to explorationlicences through the grant of a reversionlicence. As applications for explorationlicences are subject to regional standardheritage agreements,YMBBMAC welcomesthis development.


PARLIAMENTARY REPORT ON THEOPERATION OF NTRBs

In March 2006, the CommonwealthParliamentary Joint Committee on NativeTitle and the Aboriginal and Torres StraitIslander Land Account published a paperentitled Report on the Operation of Native TitleRepresentative Bodies following its inquiryinto NTRBs.The object of the report was toinquire into native title representative bodiesnation-wide and their ability to dischargetheir responsibilities under the Native TitleAct.

The report made a series ofrecommendations intended to redress themost significant hurdles to the effectiveoperation of NTRBs. Two issues in particularunderpin the majority of the nineteenrecommendations contained in the report.Firstly, the inadequate level of operationalfunding of NTRBs; secondly, and relatedly, thedifficulties many NTRBs face in recruiting andtraining staff.

The recommendations largely focused onincreasing funding of NTRBs at aCommonwealth level and on implementingcapacity-building and recruitment programsto ensure NTRBs are properly staffed.

For more information go tohttp://www.aph.gov.au/senate/committee/ntlf_ctte/rep_bodies/index.htm

Innawonga traditional owner Aquinas Gilba.Image courtesy of Robert Gordon Photography.

THE CONTINUING BOOM

Western Australia continues to experienceextraordinary demand for its natural

resources, with acorresponding boom in itsmining industry. Drivenprimarily by the demand for raw materials in China,Department of Industry andResources statistics reveal that the State’s mineral andpetroleum production wasworth $38.9 billion in 2005,an increase of 37 percent

from 2004. Further, the mining industry canexpect to reap the rewards of a forecastedincrease of 68 million tonnes in world crudesteel production to 1.28 billion tonnes in 2007.

The wealth being generated by this boom isfiltering across the economy to bolster theposition of many sections of the Australiancommunity. However, one group that haslargely failed to share in the benefits is theAboriginal people of the Pilbara, despiteliving on the doorstep of this enormousdevelopment.There exists a stark disparitybetween the vast development and wealthbeing generated in the Pilbara and thesignificant level of disadvantage in whichAboriginal people in this region are living.

The Economic Landscape


The notion ofcorporate socialresponsibility hasgained increasingcredence in thepast decade

The Pilbara is hampered by a seriouseconomic development problem. Accordingto the Taylor Report, (see box on page 13for more information) some 15 per cent ofthe resident adult population, representingthe majority of its Indigenous population,“remains overly-dependent on welfare,structurally detached from the labourmarket, and ill-equipped to engage it”.Thereport says that the situation will notimprove unless there are deep structuralchanges achieved, especially in view of theexpanding needs of the region’s Indigenouspopulation.

Effort to ensure increased Indigenousparticipation in the economic prosperity ofthe region is increasingly being flagged asmore than a matter of social justice. Rather,addressing inequalities in participation isbeginning to be seen as both economicallynecessary and socially expedient.

CORPORATE SOCIALRESPONSIBILITY

The notion of corporate social responsibilityhas gained increasing credence in the pastdecade and many corporations, includingmining companies such as Rio Tinto andBHP Billiton, have made a publiccommitment to ensuring that theiroperations have a positive social,environmental and economic impact onlocal communities. It is important that thisrhetoric translates into a genuinecommitment to remedying the inequality ofthe wealth being generated by the resourceindustry and the socio-economic profile ofthe communities in which these companiesoperate.

The Taylor Report noted that in the Pilbara,more than half of all Indigenous people areunemployed despite sustained growth ineconomic activity in the region, and that theaverage income of those who are employedis roughly two thirds of the earnings of theirnon-Indigenous counterparts. Although RioTinto and others have expressed interest infacilitating Indigenous engagement with the

At the Wakathuni Community.Image courtesy of Robert Gordon Photography.


regional economy, whether or not this bringstangible benefits to Indigenous communitieswill be a test of the mining industry’scommitment to the philosophy of corporatesocial responsibility.

The role played by industry and governmentin the creation of the economicdevelopment officer position for the Yamatjiregion is a welcome development, and onethat builds on the previous collaborationbetween YMBBMAC and Newcrest MiningLtd to create the business developmentofficer and community development officerpositions (for more information about theseroles see page 23). YMBBMAC hopes thatthis is evidence of a genuine partnershipdeveloping between mining companies andIndigenous communities.

NEW DEVELOPMENTSAFFECTING YMBBMAC –URANIUM MINING IN WA

In the near future, it seems increasingly likelythat the State Government will becompelled to reconsider – or, at the veryleast, re-justify – its anti-uranium miningstance. The increasing cost of key fossil fuels,development of new nuclear powertechnologies and a growing publicconsciousness of the dangers of greenhousegas emissions have combined to presenturanium as a credible energy source.

Five major uranium prospects are known to exist in Western Australia, comprisingapproximately 25 percent of Australia’suranium resources. Opening the door touranium mining in the State will, therefore,have a significant impact on many regionalAboriginal communities and create newchallenges for stakeholders in the native titleprocess. It may soon become necessary for YMBBMAC to consult with traditionalowners in order to gauge their views onuranium exploration and mining on theircountry.

THE TAYLOR REPORT

In 2005, the Centre for Aboriginal EconomicPolicy and Research released a reportentitled Indigenous People and the PilbaraMining Boom:A Baseline for RegionalParticipation, commissioned by Pilbara Iron.The report points to a stark disparitybetween the wealth being generated in theregion through major expansion in themineral resources sector, and the relativesocial and economic status of the PilbaraIndigenous population.

It notes that the majority of the Aboriginalpopulation in the Pilbara ‘remains overly-dependent on welfare, structurally detachedfrom the labour market, and ill-equipped toengage it’, in spite of an unprecedentedlabour demand in the Pilbara.

The report regards recent corporate interestin pursuing Indigenous engagement withsome optimism. However, it calls for thecommitment of mining proponents,Indigenous organisations and governments atevery level to the enhancement of social andeconomic opportunities in Indigenouscommunities in order to remedy structuraldisadvantage experienced by Aboriginalpeople in participating in the mainstreamlabour market.

The report can be viewed athttp://epress.anu.edu.au/c25_citation.htm Formore information about the CAEPR reportvisit http://www.anu.edu.au/caepr/index.php

Wajarri traditional owners on a survey with Economic DevelopmentOfficer Nathan Cammerman. Image by Kali Napier.

YMBBMAC is a native title representativebody operating under the Native Title Actand incorporated under the AboriginalCouncils and Associations Act.The organisationhas two operational divisions. In theMurchison/Gascoyne it operates as theYamatji Land and Sea Council and in thePilbara as the Pilbara Native Title Service.

The primary role of theorganisation is to conductfacilitation, certification,notification, disputeresolution, and agreementmaking functions under theNTA.YMBBMAC currentlyservices 30 native titleclaims, which are at variousstages of the claim process.Over time, these claimsshould be rationalised toapproximately 25 – eachrepresenting a discrete and

inclusive Aboriginal society. Many of theclaims represented by YMBBMAC involveareas of high mineral resource value and theorganisation must conduct extensive andcomplex negotiations with resourcedevelopment companies, including the bigplayers in the Australian resource industry.

YMBBMAC was first recognised as an NTRBfor the Yamatji region in December 1994.At the time, the Aboriginal Legal Service alsooffered native title representation in the area,but YMBBMAC became the sole NTRB forthe region in April 2000, in accordance withrequirements of the 1998 amendments tothe NTA. Later that year,YMBBMAC alsoassumed responsibility as the NTRB in thePilbara region.

The organisation has a multi-layeredrepresentative structure, made up of agoverning committee and two regionalcommittees, but it also consults regularly with its native title claim working groups andits overall membership.

YMBBMAC is open to all adult Yamatji andPilbara Aboriginal people.The organisationhas a current membership of almost 900Aboriginal people, though its activities as anative title representative body impact onthe interests of the majority of theapproximately 10,000 Aboriginal peoplerecorded in the Census 2001 across bothareas. In addition, as residency is not arequirement of native title,YMBBMAC’smembership also includes people who liveoutside of the representative areas but whohave a traditional connection to the land.

Access to YMBBMAC services is notdependent on membership and theorganisation has numerous clients andstakeholders who do not choose to bemembers.All members are entitled to vote at their respective YLSC and PNTS annualgeneral meetings and special general meetings.

YMBBMAC ACHIEVEMENTS

Among NTRBs and other individuals andorganisations concerned with the advancementof Aboriginal people’s interests,YMBBMAC ishighly regarded and is considered, by many, tobe the benchmark of good performance in thefield.YMBBMAC prides itself on working at thehighest standards, with its activities anddirection determined by its Strategic Plan.The organisation is committed to maintainingand improving its operational standards in thepromotion of its clients’ best interests.Additionally, it strives to uphold a transparentand professional manner in its operations.

Throughout the course of the reportingperiod,YMBBMAC has achieved majoroutcomes for its clients – both in animmediate and longer-term sense.Theseachievements have been broad and haveencompassed, among other things, native titlenegotiations, organisational development, andthe expansion of policy direction and scope.


An Overview of the Organisation

Many of theclaimsrepresented byYMBBMACinvolve areas ofhigh mineralresource value

YMBBMAC staff. Image by Matthew Perkins.


YAMATJI LAND AND SEA COUNCILACHIEVEMENTS INCLUDED:

• Establishment of the Caring for Countryteam following the appointment of twoofficers.

• Appointment of the Yamatji EconomicDevelopment Officer.

• Signing of a range of future act agreements,including the unprecedented explorationagreement between Midwest Corporationand Wajarri Yamatji.

• Registration of the combined Wajarri(Wajarri Yamatji) claim.

• Resolution of overlaps between WajarriYamatji and Malgana.

• Participation of Yugunga-Nya in the NorthWest Cluster Land Summit : resolution ofoverlaps with two Goldfields claims and theinclusion of appropriate Yugunga-Nyaclaimants on the combined Sir Samuel claim.

• Resolution of overlaps between Badimiaand two Goldfields claims.

• Submission of the Thudgari ConnectionReport to the State.

• Establishment of a trust for NgoonooruWadjari,Amangu and Gnulli.

• Successful application for funding from theHeritage Trust to map and preserve culturalvalues in the Weld Ranges.

• A Heritage Officer was employed in theGeraldton office.This will accelerate thetimely and efficient completion of heritagesurveys and reports.

PILBARA NATIVE TITLE SERVICEACHIEVEMENTS

• 16 major future act agreements werereached between proponents and Pilbaranative title claim groups, including thosereached with Rio Tinto Iron Ore andFortescue Metals Group.

• The Nyangumarta Connection Report wasprovided to the State Government Office of Native Title for review as a conditionprecedent to consent determinationnegotiations.

• Agreement was reached between pastorallease holders and native title holders inrelation to Ngarla country, an importantstep towards a consent determination.

• Native title claim groups were supported intheir efforts to achieve more autonomy inrespect of management of heritage work,including the retention of a traditionalowner-controlled organisation to provideethnographic services.

• A Community Development Officer wasappointed.The position is funded byNewcrest Mining as part of a 2003agreement with a number of Pilbara claimgroups.

• A Heritage Officer was employed in theSouth Hedland office.This will accelerate thetimely and efficient completion of heritagesurveys and reports.

• The new PKKP claim was filed and acceptedfor registration by the NNTT.

• Important milestones were achieved inrelation to the native title agreement overthe Burrup and Maitland industrial estates.

• A trust was established to hold benefits onbehalf of Ngarluma and Yindjibarndi peopleunder the Northern Link agreement.

• Cross cultural training for all Pilbara staff andsome Perth staff was delivered on countryat Millstream-Chichester National Park.

Yamatji Regional Manager Fred Taylor and Aboriginal Liaison OfficerRobert ‘Jack’ Callow. Image by CFC Team.

THE COMMITTEES

Governing Committee

YMBBMAC’s over-all policy direction isprovided by its Governing Committee.Thecommittee acts as an advocate for traditionalowners in the wider Pilbara and Yamatjiregions, particularly in relation to governmentactivities affecting land as well as in miningand development issues. Ultimatelyresponsible for the performance of theorganisation’s statutory functions, theGoverning Committee is also accountable tothe members of the organisation.

The Governing Committee is made up ofmembers of the organisation’s two regionalcommittees. Six members from eachcommittee join to form the twelve-memberGoverning Committee, providing equalrepresentation of the Yamatji and Pilbararegions. During the reporting period theGoverning Committee members were:

YLSC members Number of meetingsattended (out of seven)

Anthony Dann (Co-chairperson until Mar 06) 6*

Wayne Warner (Co-chairpersonfrom Mar 2006) 1*

Roy Bellottie 6*

Mervyn Councillor 6

Vince Jones 7

Allen ‘Boyo’ Mitchell 7

Richard Oakley 6

Ben Roberts 1*

PNTS members Number of meetingsattended (out of seven)

Neil Finlay(Co-chairperson) 7

Doris Eaton 6

Peter Jeffries 1

Natalie Parker 7

Margaret ‘Nyaparu’Rose 7

Toby Smirke 7

CORPORATE GOVERNANCE

Our Vision

Our vision is to be recognised within theIndigenous community at a regional, state andnational level as providing excellentprofessional services and representation toour members, clients and constituents.

Our Mission

Our mission is to assist Pilbara and Yamatjitraditional owners to gain rightful recognitionof their culture, acceptance as native titleholders of their land, achievement of socialjustice outcomes and engagement inappropriate and sustainable economicdevelopment.

Our Values

• Operating in an open, honest, loyal andaccountable manner in all dealings to helpachieve native title and other outcomes forclaimants and constituents.

• Maintaining respect in dealings withclaimants, constituents, industry,government agencies, governingcommittees and staff.

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

• Ensuring delivery of a friendly and easilyunderstood service to claimants andconstituents with confidence, pride,excellence, creativity, accountability,efficiency, timeliness and diligence.

• Maintaining the highest levels ofprofessionalism.

The Governing Committee held sevenmeetings during the reporting period; fourregular meetings, one special meeting for theenterprising bargaining agreement, one forthe 2005 Annual Report and one for travelallowance and mileage rates.

* This committee member has not been partof the Governing Committee for all of thereporting period and, therefore, was notrequired to attend all meetings.st levels ofprofessionalism.

An Overview of the Organisation (Cont.)


Jupala (Dales Gorge) Image courtesy of Robert Gordon Photography

YLSC Regional Committee

The Yamatji Regional Committee provides thepolicy direction for YMBBMAC on native titlematters within the Yamatji region.Representatives on the Yamatji RegionalCommittee are elected from the eligible YLSCmembership, most of whom are from claimsrepresented by the organisation. Members ofthe committee include those elected by ballotat Yamatji annual general meetings and theExecutive Director who holds the position ofan ex-officio, non-voting member. During thereporting period the elected members of theYamatji Regional Committee were:

Committee Member Number of meetingsattended (out of four)

Anthony Dann (Chairperson until March 06) 3*

Wayne Warner (Chairperson from March 06) 2*

Mervyn Councillor(Vice Chairperson) 4

Roy Bellottie 5

Robin Boddington 1

Mavis Curley 5

Colin Hamlett 5

Laurence Hodder 1*

David George Jones 4

Vince Jones 4

Allen ‘Boyo’ Mitchell 5

Victor Mourambine 0*

Kathleen Musulin 4

Richard Oakley 5

Yvonne Radcliffe 1*

Ben Roberts 5

Ron Simpson 2*

Peter Windie 5

The Yamatji Regional Committee held fivemeetings during 2005/06; four normalmeetings and one special meeting for theelection of chairperson and vice chairperson.

* This person was not a member of the YLSCcommittee for the full year.

PNTS Regional Committee

The policy direction for YMBBMAC on nativetitle matters within the Pilbara region isprovided by the Pilbara Regional Committee.Each native title claim represented byYMBBMAC in the Pilbara nominates arepresentative to the Pilbara RegionalCommittee. Its membership also includes theExecutive Director, who acts as an ex-officio,non-voting member. During the reportingperiod the members of the Pilbara RegionalCommittee were:

Committee Member Number of meetingsattended (out of four)

Neil Finlay(Chairperson) 4

Doris Eaton (DeputyChairperson) 4

Robyn Churnside 3

Nora Cooke 4

Simone Hubert 0

Norma James 1

Terry Jaffries 3

Peter Jeffries 4

Marjorie Parker 1

Natalie Parker 4

Margaret ‘Nyaparu’Rose 3

Toby Smirke 4

Les Stevens 1

Alec Tucker 1

Jill Tucker 2

Roy Tommy 3

The Pilbara Regional Committee held fourmeetings during this reporting period.

Committee Training

Providing training opportunities for committeemembers continues to be a priority forYMBBMAC. In the reporting period, selectedGoverning Committee members attended the2006 Native Title Conference in May; bothregional committees attended governancetraining provided by OIPC in August 2005.



CORPORATE INFORMATION

YMBBMAC is organised and governed bycomplementary frameworks which ensure thatthe organisation is effective; delivers qualityoutcomes; and is efficient in its use of limitedresources to deliver services required bystakeholders and funders.

The organisation is functionally structured intoteams to deliver complementary services. Amix of professionals and other staff areemployed to deliver outputs that align with theStrategic Plan and Operational Plans andcomply with all relevant statutory andregulatory requirements. Regular reporting tothe committee, stakeholders, internalmanagement and funders ensures that thestrategic direction is maintained.TheYMBBMAC Constitution is strengthened bysound and clear policies and procedures whichare consistently applied to ensure goodgovernance and accountability.

The principal mechanism by which theorganisation takes instructions and providesadvice and information is through workinggroups, which are authorised by the entirenative title claim group. The level and kind ofservices provided to each native title claimgroup is regulated by a formal retaineragreement containing shared responsibilitiesand the prioritisation framework adopted byYMBBMAC in accordance with statutoryrequirements.

YMBBMAC has an effective and efficientfinancial management system and frameworkwhich is robust and transparent. Regularreporting within the organisation adheres to allapplicable statutory requirements including theNative Title Act, all tax Acts and relevant StateActs.We also adhere to Australian accountingstandards, with the two senior financepersonnel suitably qualified with continuingprofessional development obligations.The ChiefFinancial Officer is a fellow and certifiedpracticing accountant and the SeniorAccountant holds the equivalent of a CPAdesignation from the UK.This ensures thatcurrent practices and standards are utilised.

Regular reporting on multiple levels bothexternally and internally ensures that thefinancial management of the organisation isprotected; is commensurate with plans; andthat financial risks are identified and managedappropriately. The Policy and ProceduresManual, endorsed by the Governing

Committee, provides a framework for effectivefinancial governance. External auditors areappointed to give assurance to the committeethat financial matters are performed to therequired standard.

Funding Levels and Finance Result

YMBBMAC acknowledges that its fundinglevels have increased in recent years tocounter the significantincrease in input costs andto be able to meet thedemands of progressingnative title outcomes oversome thirty claims.However, in view of thecontinuing high level ofactivity it is required toperform over an area withhigh resourcedevelopment, theorganisation continues tostruggle at its presentfunding levels to meet thedemands on its resources.

Inadequate Commonwealth funding interfereswith the ability of NTRBs to fulfil theirstatutory role and also hinders the executionof broader responsibilities of consultation,negotiation and representation of native titleinterests. More specifically, inadequate funding:

• Hinders a proactive approach tonative title claims.

• Limits the possibilities available toNTRBs in strategic planning.

• Fails to recognise obligations outsideNTRB control.

In addition, inadequate funding frustratesNTRBs, the native title claimants and otherstakeholders in the native title process.

In 2005/06,YMBBMAC generated grossrevenue in excess of $12 million for the firsttime, mainly from native title funding andnegotiation and heritage work in the Pilbara.However, consistent with the organisation’sobjectives of assisting Aboriginal people,these funds were all allocated to directexpenses in providing funds for meetingexpenses, travel costs and research andsurvey costs. In fact the surplus in 2005/06was lower than in 2004/05. For more details,please see the Financial Statements.


YMBBMAC isorganised andgoverned bycomplementaryframeworkswhich ensure thatthe organisation is effective


Senior Management

YMBBMAC’s management structure promotesregional service delivery. Except where someregional services are most efficiently – ornecessarily - provided from Perth, themanagement of the organisation revolvesaround the operations of the Geraldton office(for the Yamatji region) and the South HedlandOffice (for the Pilbara region). PNTS sub-regional offices are located in Karratha and Tom Price.

Organisational performance management is thefunction of the Management Group, whichconsists of five senior officers from theorganisation. During the reporting period, theSenior Management Group consisted of thefollowing five senior officer positions:

Executive Director

As Executive Director, Simon Hawkins wasresponsible for the implementation of theYMBBMAC Strategic Plan and theadministration and the overall management ofthe organisation on behalf of the GoverningCommittee.As YMBBMAC’s public officer, theED was accountable to the various forms oflegislation that determine the responsibilitiesand conduct of the organisation. In this role, theED ensured that the policies and decisions ofthe Governing Committee and the regionalcommittees were implemented; that theorganisation observed its legal responsibilities -including its responsibilities as a native titlerepresentative body - and that it met itsobligations under agreements entered into withother parties. In line with this, the ED metregularly with claimants to discuss issuesaffecting their native title and overallmembership of the organisation.

The position also had an advocacy and policyfunction. In promoting the interests ofYMBBMAC and its clients, the ED was requiredto lobby government and industry for policychange as well as negotiate funding for existingand new projects.This included makingpresentations to parliamentary and otherreview committees on a range of topicsaffecting the NTRB and its clients. The ED alsopromoted the organisation throughconferences and other events.

Principal Legal Officer

As Principal Legal Officer, Helen Lawrencemanaged the legal operations of YMBBMAC - in accordance with the rules of incorporation,relevant incorporation legislation and theprovisions of the Native Title Act. In this role,Helen advised on matters related to the NTA;

associated legislation and otherCommonwealth and State laws; and statutesaffecting the interests of native title-holders inthe Murchison, Gascoyne and Pilbara regions.

The position involved co-ordinatingrelationships between the organisation andclaimant groups; intra-Indigenous mediation inrelation to the claims process; preparation andlodgement of native title claims; the progress ofnative title claims; the resolution of native titleclaims; and future act and heritage processes.

The role also had a policy and managementelement.This included representing YMBBMAC in State and national forums concerned withthe formulation of legal strategy as well asassisting in developing budgets and managing all legal and research staff.

Helen Lawrence was appointed to this position in October 2005, following David Ritter’sdeparture in September 2005.

Chief Financial Officer

Chief Financial Officer Stan Stylianou wasresponsible for overseeing the financial andorganisational requirements of YMBBMAC forthe reporting period.

The CFO provided financial and administrativeadvice to the Governing Committee as well asensuring that organisational policies andprocedures were developed and implementedso that financial and administrative obligationswere undertaken in an efficient, effective andtimely manner.The role also required thesupervision of staff within the corporateservices unit, including the overseeing ofhuman resources.

Regional Managers

Both YLSC and PNTS operate, at a divisionallevel, under the direction of regional managers.The positions are held by Alum Cheedy in thePilbara and Fred Taylor in the Yamatji region.

As members of the YMBBMAC ManagementGroup, regional managers are required topromote the organisation’s activities within theregion. In doing so, they must develop andmaintain strategic alliances with Aboriginalorganisations, government agencies and theprivate sector. In this position, regionalmanagers act as advocates and representativesof the native title interests of traditional owners in their region.

In addition, regional managers supervise theefficient operations of the regional offices,including managing staff.They play a central rolein developing regional budgets and monitor the status of these budgets.


Administration& Special Projects

StrategicOperations Unit

FinanceAdministration

& Special Projects

Human Resources

Yamatji RegionalLegal Unit

Land Access Unit

AdministrationPilbara Regional

Legal Unit

Executive Assistant

Communications & Policy

The Governing Committee Members

Executive Director

Regional Manager

Yamatji

Principal Legal

Officer

Chief Financial

Officer

Regional Manager

Pilbara


ORGANISATIONAL STRUCTURE

DEPARTMENTS AND KEY ROLES

The majority of YMBBMAC activities arefocussed on fulfilling its requirements underthe Native Title Act. However, in the past fewyears the organisation has expanded someof its services to include supportive areasoutside of the ambit of the NTA. As aresult,YMBBMAC’s operational units have,where necessary, been divided into thoseinvolved in native title business and thoseinvolved in non-native title areas. Naturally,some services are provided to both areas,including corporate services andcommunications and policy.

NATIVE TITLE SERVICES

Aboriginal Liaison

At the heart of YMBBMAC are theAboriginal liaison officers and projectofficers. ALOs act as the bridge betweentraditional owners and the organisation,ensuring that cultural gaps are identified andaddressed. ALOs and project officers are theface of the organisation at a grass-rootslevel, providing information and insight forboth traditional owners, members of staffand other stakeholders. Project officers liaisebetween traditional owners, stakeholdersand the broader community. Regional claimlawyers work closely with Aboriginal liaisonofficers in all aspects of their work, receivingadvice and guidance from ALOs in relationto cultural matters, as well as practicalassistance when convening meetings andexecuting documents.

Anthropology

Anthropologists work closely with ALOs,conducting research to progress claimstowards determination.This includesgenealogical research, cultural mapping, andanalysis of ‘laws and customs’ as outlined inthe Native Title Act.This research, inconjunction with the research of an historian,is correlated with archival and historicalmaterial for the production of connection (orother relevant) reports. All anthropologistswork according to a brief issued by seniorregional legal officers/claim lawyers.

Environmental

YMBBMAC believes that environmental

factors are a key part of protecting andpromoting traditional ownership.Theorganisation includes environmentalassessments and legislation as part of itspromotion of Indigenous land management.

Land Access

The protection of heritage and the negotiationof future acts agreements are intrinsicallylinked and are, therefore, joined under thebanner of the Land Access Unit.The conductof heritage surveys can have a serious impacton future act negotiations under the NativeTitle Act, despite the fact that heritage work isnot a requirement of the Act.

Heritage

YMBBMAC provides an in-house heritageservice for proponents requiring heritagesurveys as part of future act applications.Heritage work is not, however, arequirement of the NTA, and as aconsequence, the organisation’s heritageservice is not funded by theCommonwealth. Rather, it is funded on acost-recovery basis, where proponents arecharged to cover the cost of the service andassociated administrative costs.

YMBBMAC staff work with traditionalowners to provide professional and culturallyappropriate heritage surveys for miningcompanies and other proponents. Someadditional work is also provided by externalconsultants where required.

For more information see page 76.

Future acts

Both the Yamatji and Pilbara regions continueto attract considerable future act activity.Future acts are divided between the small tomedium applications, which are handled bythe organisation’s two future act officers andthe larger applications, which are serviced bythe legal unit.The organisation is committedto protecting the rights and interests oftraditional owners, while providingproponents with a framework for a smoothand efficient future act application process.The efficient processing of future actapplications relies heavily on the provision offull and correct information by proponents.

For more information see page 74.



Legal

Claim lawyers

The regional legal units form the backbone ofthe organisation, servicing the 30 claims that itcurrently represents. The majority ofYMBBMAC’s statutory functions andobligations are organised and discharged bythe RLUs.

Work undertaken by the RLUs is determinedby the organisation’s operational plan and isreviewed and updated on a quarterly basis bythe senior legal officers together with relevantstaff. Lawyers in the RLUs take their instructionsfrom native title claim working groups.

The regional units are the critical ‘contact point’between the native title claimants andYMBBMAC. Instructions that may ultimately beacted on by the Special Operations Unit, andthe Land Access Unit are most often obtainedfrom regional claim lawyers in the first instance.

Strategic Operations

The Strategic Operations Unit members are‘legal troubleshooters’ who provide special legal

support to claim lawyers, the Land Access Unitand YMBBMAC management on request.TheSOU can prepare legal opinions, documents,appear in court, prepare briefs and providegeneral legal assistance – particularly in relationto unusual or difficult matters where noprecedents currently exist in the organisation.In this reporting period, the SOU absorbed theMajor Projects Unit.

NON-NATIVE TITLE SERVICES

Economic & Business Development

Pilbara Region

The business development officer positionwas created as part of the pipelineagreements between Newcrest Mining Ltdand Pilbara native title claim groups Kariyarra,Njamal, Ngarla and Warrarn/Birrimaya signedin 2003.The position, which has been in placesince January 2004, provides assistance oneconomic enterprise and, in particular,business development to traditional ownersfrom these groups. Its objective is to helpcreate businesses for the community, familyand individual members to keep theircommunity viable and sustainable.


Type of Project Community Milestone Remarks

Industrial laundry Njamal a) Project reached upperlevel negotiation stage.

b) Project withdrawndue to unprofitableprice offered.

a) BDO didn’t pursue to continuewith the project due to lowprices offered.

b) Njamal agreed on the decisiontaken by the BDO.

Camel industry:a) Live & meat exportb) Camel ride –

desert safari

Warrarn/ Birrimaya a) Research completed -both local andinternational.

b) Feasibility studyprepared.

a) Warrarn/Birrimaya to makea decision.

b) BDO waiting for their go aheaddecision to pursue project idea.

Indigenous communitybank – South Hedland

Founding members:a) Karriyarab) Ngarlac) Njamald) Warrarn/Birrimayae) Marapikurinya AC

a) Bendigo Bank,Community Bankbranch supportsthe project.

b) Stakeholders and thewider communitysupport the project.

a) Founding members pledged$500m as seed money.

b) Community organisations andothers in principle pledged theirannual budget of $32 millionfor deposit.

c) Project is still ongoing, trying tomeet other requirements.

Bottling of desertspring water

Warrarn/ Birrimaya a) Technical andcommercial feasibilitystudy completed.

a) BDO to present the finalfeasibility study to theworking group.

b) Community to decidewhat to do.

Business Development Achievements

Yamatji Region

The new position of economic developmentofficer is hosted by YLSC but funded by externalsources: Indigenous Land Corporation, MountGibson Iron,Arc Energy Limited, Harmony Gold,the Water Corporation, Giralia Resources andthe Shires of Greenough and Shark Bay.Theproject has a special focus on the mining andresources industry; however, the broaderobjectives are:

• The development of viable and sustainableenterprises that will contribute to managingYamatji country and will provide improvedwell being and security for Aboriginal people.

• The development of partnerships betweenYamatji people, government and industrythroughout the region.

• An increase in the employment of Yamatjipeople through the expansion of Aboriginalparticipation in key industry sectors,including the resource industry and itssupport services.

The EDO project has been up and runningsince the start of April 2006. Its first focus hasbeen on establishing networks and connectionsin order to bridge the gap between workinggroups, industry and government and thecreation of partnerships to facilitate economicdevelopment opportunities.

Caring for Country

Based in Geraldton and servicing the Yamatjiregion, the Caring for Country team providesYamatji people with a say in the management oftheir country.The team, which was established inJanuary 2006, currently consists of two full timestaff members.

Caring for Country has two projects tomanage, the:

1. Audit of priority heritage sites in theYamatji region.

2. Engagement of traditional owners ofYamatji country in natural resourcemanagement.

In this first six months of the projectmuch work has been done establishing theCaring for Country team, laying thegroundwork for engaging Yamatji traditionalowners in NRM and carrying out on-groundassessments of Yamatji sites of heritage andnatural resource significance.

Some of the major milestones completed todate include:

• Engaging traditional owners through nativetitle-working groups and with theircooperation have set up NRM advisorygroups to assist with prioritising registeredsites of heritage value.

• The development of a communicationsplan which includes media policy, aninformation package and promotionalactivities of our projects.

• Creating a shortlist of heritage sites in Yamatjicountry using desktop searches and thedevelopment of an appropriate GIS systemto produce a series of maps and overlays toassist the prioritisation process.

• The development of resources required tocomplete the project.

• The development of a site audit form to usein the process of doing on-groundassessments and an update of DIAregistered sites in a culturally appropriateway. The form is also used to assess theenvironmental condition of a site.

• Ten site audit visits were carried out andassessed for their heritage value andenvironmental condition. Completed reports,which will include supporting informationand photographs (where appropriate), of thesites, will be forwarded to all stakeholders.

• The process of producing management plansfor three sites of significance is underwaywith regard to traditional owners’ aspirationsfor Walga Rock.This will be followed bysimilar process in Geraldton and Morawa for sites in the area.



Community Development

The 2003 mining agreement with Newcrestalso saw the funding of a communitydevelopment officer, appointed for the first time in March 2006.

Sharing time between the offices in thePilbara and Perth, the CDO works with the Kariyarra, Njamal, Ngarla,Warrarn, andBirrimaya native title claims to identify theirneeds, goals and aspirations.The officer alsoworks with local and State Government,Commonwealth agencies, resourcescompanies and other organisations on theirongoing involvement in the development of the communities in which their worktakes place.

The aim of this position is to develop andput in place detailed plans for communitydevelopment projects, as well as to set upcorporate structures for the management of communities and community-basedorganisations. Fundamentally, the CDO workstowards the overall legal, social and economicadvancement of local Aboriginal people.

Umbrella Services

Corporate services

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

The Financial Report on page 83 is producedby the Corporate Services Unit.


COMMUNITY PLANNING

YMBBMAC is working to ensure that the benefits gained from native titleagreements are turned into lasting social and economic advancement forclaim groups. In doing so, the organisation sponsored the progression of a community development plan for the Njamal people, one of the Pilbaranative title claims represented by YMBBMAC.

As one Njamal person said:“One day when all this boom is over we will justbe left with big holes in our country. How do we make sure that when themoney is gone, something is left behinds for our kids and their kids?”

YMBBMAC engaged consultant Graham Barrett to work with the NjamalPeople to help them work out what the group wants to achieve; how theywill achieve it; how they will organise themselves; and where to start. Njamalendorsed their community plan at a meeting in May and now have aplanning group working with the newly appointed YMBBMAC CommunityDevelopment Officer to put the plan into action.

The first practical project for Njamal People is to start a school attendance program in Hedland.The group is negotiating an agreement with government departments about sharing the costsfor using a bus to pick all the Njamal children up and make sure they get to school. They alsowant to continue their education grants to help parents buy clothes and books for school.

PPKP, another Pilbara native title claim group represented by YMBBMAC, is undertaking a similar planning process, having heard about the Njamal plan.

How do wemake sure thatwhen themoney is gone,something isleft behinds forour kids andtheir kids?

Communications and Policy

YMBBMAC is committed to having the interests of traditional owners represented ingovernment and public arenas and, as such, provides information wherever possible andappropriate to government and the media



PROJECT COMMENT

Website launched inDecember 2005

The website provides a range of information on the organisationand its activities.The site can be found at www.yamatji.org.au

YMBBMAC Stakeholders’Day in April 2006

YMBBMAC hosted its first ever stakeholders’ conference in Aprilwith a central theme of ‘Building Better Partnerships’.Theconference proved successful and has provided YMBBMAC withencouragement to stage the event annually.Delegates included members of the State and Federalparliaments as well as representatives from the resources sector,public utilities, peak industry bodies and both the State andlocal tiers of government.

New briefing,Working Group Meetings:What to Expect

Designed to give proponents and other stakeholders attending their first working group meeting a better idea of what to expect andhow to ensure the best possible outcomes for their negotiations.

At least one newsletterproduced for eachYMBBMAC claim group

The newsletters are designed to keep claimants up-to-date ondevelopments with their claim.Efforts are being focussed on increasing the frequency ofnewsletter production.

Logo competition held The search for a new logo was launched in December, with thecompetition closing and a winner selected in February.

PromotedYMBBMAC atindustry andstakeholderconferences

YMBBMAC hosted booths at both the July 2005 and June 2006AMEC conferences as well as the Ngarluma Yindjibarndi Expo inNovember 2005.YMBBMAC representatives gave presentations to a range ofconference audiences, including:• Excellence in Exploration and Mining, October 2005.• Native Title Conference, May 2005.• AMEC conferences, July 2005 and June 2006.

2005 Annual Reportproduced and improved

Combined this annual reporting document with promotionalinformation in order to provide audiences with a total picture ofYMBBMAC and its achievements. Photographs (predominantlytaken by staff) were heavily utilised and well received.

Participation inparliamentary inquiries andsubmissions produced

YMBBMAC gave evidence to two Commonwealth Parliamentaryinquiries, provided a submission to a State Government review(for more information see pages 11 and 82) and responded to twoexternal surveys.

Staffing Levels

Staff turnover continues to exist at dual levels:the organisation has a core of long-servingstaff, with service of five to six years, butgenerally, staff turnover averages around 12 to14 months.The shortage of qualified andexperienced lawyers, anthropologists andothers within the sector means that the loss ofany staff member can be a significant setback.

Workforce planning takes account ofYMBBMAC’s strategic and operational plansand its organisational structure.

During this reporting period, the mining boomresulted in the employment of additional staffin order to meet the increasing workload inclaims, future acts and heritage.

At the end of the reporting period,YMBBMAChad a total of 78 staff, with the followingbreakdown:

Staff category Number

Full-time 63

Part-time 9

Casual 6

Professionals (e.g. legal officer,anthropologists) 25

Male 39

Female 39

Indigenous 18

Non-Indigenous 60

Education and Training

YMBBMAC works to provide committeemembers and staff with appropriate trainingand educational opportunities, adding to theskills-base from which the organisation candraw.

Staff training included attendance of the 2006Native Title Conference by selected staff; theYMBBMAC All-Staff conference in February;and individual staff training development wherenecessary to assist people in the performanceof their duties.

A significant number of staff also participatedin cross-cultural training held in the Pilbarain August.

Remuneration

Salary awards

The YMBBMAC certified agreement wasratified on November 30, 2005.

Senior staff salary levels

The salary structure of YMBBMAC senior staff,with the exception of the Executive Director,Chief Financial Officer and Principal LegalOfficer, is based on the Aboriginal Communitiesand Organisations (Western Australia) Award2001 and, from December 2005, theYMBBMAC Certified Agreement 2005.

Occupational Health and Safety

The occupational health and safety policy wasreviewed and updated during this reportingperiod to ensure conformity with good safetypractices.There were no reported issuesduring the year. In March 2006 an occupationalhealth and safety committee was formed,4WD and first aid training for new staff wasalso endorsed by the Governing Committee.

Codes of Conduct

The organisation has a code of conduct, signedby each member of staff as well as a policy andprocedures manual, which containsYMBBMAC’s code of ethics.

Consultancy Services

YMBBMAC actively pursues value for moneyfor the provision of all its services and alwaysseeks to obtain at least three quotes. Manycorporate services are outsourced, enablingYMBBMAC to reduce risk and to accessspecialist services.

YMBBMAC engaged 16 consultants toundertake consultancy work at a cost of$1,696,787. Consultants are used when thereis a requirement for specialised services whichcannot be met by YMBBMAC staff due toinsufficient in-house resources or whereindependent advice is required.

Indemnities and Insurance Premiums

The organisation carries a comprehensive suiteof insurance policies.


Planning

Both business units of YMBBMAC (ie YLSC &PNTS) conduct planning sessions which beginin February and culminate in May when anannual operational planning document forms

the main part of oursubmission to theCommonwealth for fundingand approval of native titleactivities in the followingfinancial year.

A half-yearly review isperformed in January andsubmitted to OIPC forinformation. Internalplanning takes placequarterly to ensure thatour activities continue to be

aligned to the Operational Plan.Where thereare material variances, a request for variationto the Operational Plan is made to OIPC.The operational plans are linked to theYMBBMAC Strategic Plan, which is reviewedand updated every three years.

Risk Assessment

YMBBMAC has monthly financial andoperational meetings with relevant staff andmanagers to assess current performance andoperations. From these meetings, possiblerisks are identified and action plans are madeto mitigate against, or to eliminate, risk.These meetings are held at different levels,ranging from operational staff to seniormanagement, with strategic risks taken to a committee level.


Internal planningtakes placequarterly toensure that our activitiescontinue to bealigned to theOperation Plan.


YMBBMAC booth at AMEC conference 2006.Image by Marjorie Syddall.

Ngarlawangga traditional owner Maisey HylandImage courtesy of Robert Gordon Photography.

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

• Research and prepare native titleapplications.

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

As part of its role as anNTRB,YMBBMAC also hasto make decisions aboutproposed native titleclaims. In doing this, it aimsto make the fairest andmost practical decision fora specific claim group aswell as for other claimantgroups it represents.

YMBBMAC seeks toresolve native title mattersthrough agreement, inaccordance with thewishes of its clients, theYamatji 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 title throughagreement, mediation and negotiation have agreater capacity than litigation to effect therecognition of native title and the resolutionof native title issues. Effective negotiationenables the identification 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 native titlealternative dispute resolution is not merely amatter of resolving competing interests innarrow geographical or economic terms, buttakes place in a broader social, political,historical and legal context. Native titlemediations are also complex as aconsequence of their magnitude.They areinvariably time-consuming processes involving

large numbers of parties. Additionally, whilecollaborative approaches to resolving nativetitle issues are cost-efficient comparative tolitigation, the complexity and significance ofnative title within Indigenous communities,compounded by a protracted but demandingnegotiating timeframe and the requirementsof the legislative regime, render agreement-making a resource-intensive process forNTRBs.

In the course of the 2005/06 reportingperiod, the organisation has continued tooperate at a high level of achievement onbehalf of its clients – despite the increasingdemands that have been placed on theorganisation by the resources boom in bothregions.

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 in question.)

• Is representative and whether the listedapplicants are authorised by the broadnative title group to seek thedetermination.

• Is the appropriate native title holdingcommunity.

• Is supported by the availableanthropological and historical evidence.

• Is capable of meeting the requirements ofthe registration test administered by theregistrar of the National Native TitleTribunal, in accordance with the conditionsset out in the Native Title Act.

YMBBMAC will not provide assistance to anew claim that overlaps with an existingassisted claim without the consent of theexisting claim. Once assistance is approved,YMBBMAC will assess its priorities which will,in turn, determine the direction of its activities.The type and level of assistance provided willbe reviewed on an ongoing basis and will

Facilitation and Assistance


YMBBMACseeks to resolvenative titlematters throughagreement, inaccordance withthe wishes of itsclients, theYamatji andPilbara people.

depend on a number of factors including:

• The need to comply with relevant FederalCourt orders.

• The overall level of resources available tothe organisation.

• The ranking assigned to each claim throughthe claim appraisal and review process.

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

• Costs associated with claimant consultationand seeking instructions.This may include,where necessary, the cost involved inorganising meetings; associated venue costs;claimant accommodation; and travel costs.

• Costs of legal representation and assistance- usually in-house but occasionally external -including assistance in the negotiation offuture act matters.

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

• Any other assistance deemed reasonable ornecessary.

It should be noted, however, that direct cashgrants are not given to native title applicants.

ASSISTANCE WITH FILING NATIVETITLE APPLICATIONSIn the Yamatji region

The Wajarri Yamatji claim – a combination ofthe Wajarri Elders and Ngoonooru Wadjariclaims – passed the registration test inDecember 2005.

Overlaps were resolved in principle in relationto the following claims:

• Wajarri Yamatji and Malgana Shark BayPeople.

• Badimia and Ngalia Kutjungkatja[WAD6011/00].

• Badimia and Samuel #2 [WAD6059/98].

• Yugunga-Nya and Koara [ WAD6008/98].

• Yugunga-Nya and Ngalia Kutjungkatja.

In the Pilbara

In this reporting period:

• The Nyiyaparli claim was amended andpassed the registration test.

• The Njamal claim was amended to reducethe external boundary; the registration testis yet to be applied.

• The Jurruru claim was also amended toreduce the external boundary; theregistration test is yet to be applied.

• A range of amendments were made to theNyangumarta claim; the registration test isyet to be applied.

• The Puutu Kunti Kurrama and Pinikura 2claim was filed and registered.

• The Kulyukartu claim was filed in theFederal Court, further amendment to theapplication is anticipated.

• The Kariyarra Yinjibarndi claim wasdiscontinued.

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

NgoonooruWadjari 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


Pilbara representation

During the reporting period YMBBMACprovided the following registered claims in thePilbara region with representation:

Name WC Number WAG Number

Birrimaya 95/060 6051/98

Gobawarrah MinduarraYinhawanga 97/43 6173/98

Innawonga 98/69 6285/98

InnawongaBunjima 96/61 6096/98

Jurruru 00/008 007/00

Kariyarra 99/3 6169/98

KariyarraYinjibandi 95/053 6045/98

Kulyakartu 05/7 293/05

Kurama andMathudunera 96/73 6090/98

Martu IdjaBanyjima 98/62 6278/98

Ngarla 99/26 6185/98

Ngarla # 2 05/2 77/05

Ngarlawangga 05/3 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 Kunti Kurrama& Pinikura 01/005 6007/01

Yinjibarndi # 1 99/14 6017/96

Is this period,YMBBMAC providedrepresentation to the following determinednative title holders in the Pilbara:

NgarlumaYindjibarndi 99/14 6017/96


Facilitation and Assistance (Cont.)

Near Weano Gorge, Pilbara. Image courtesy of Robert Gordon Photography.

Gnulli and Thudgari traditional owner and Yamatji committee member Ben Roberts.Image courtesy of Robert Gordon Photography.

As part of its role as a native titlerepresentative body,YMBBMAC is requiredto provide assistance with certification ofnative title claim determinations as well asregarding the certification of Indigenous landuse agreement registrations. Specifically, itsfunctions include to:

• Certify, in writing, applications fordetermination of native title relating toareas of land or waters, which are whollyor partly within the representative area.

• Apply for the registration of an ILUA whichcertifies that all the persons identified ashaving native title interests in the area haveauthorised the ILUA’s making.

YMBBMAC has adopted a certificationprocedure in compliance with the Native TitleAct – in particular, with section 202BE(2) ofthe Act.The conditions which must be met inorder to achieve certification are that:

• All reasonable efforts have been made toensure the application describes orotherwise identifies all the persons in thenative title claim group.

• All persons in the native title claim grouphave authorised the application and thenamed applicant(s) to deal with mattersarising from the application.

• All reasonable efforts to reach agreementwith any overlapping claims have beenmade and the number of applications overan area of land or waters has beenminimised.

• 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 partly coveredby one or more applications (includingproposed applications), all reasonableefforts have been made to achieveagreement relating to native title over the land or waters between the personsfor whom the applications are, or will be,made.

Native title applicants may appeal to theYMBBMAC Governing Committee to seek a review of a decision by the ExecutiveDirector if he or she has refused to certifyan application for the determination ofnative title or the registration of an ILUA.

The Native Title Act provides that an NTRBmay exercise its certification function inrelation to claims or Indigenous land useagreements that it does not normallyrepresent. No new ILUAs were certifiedduring this time.

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

Certification


INDIGENOUS LAND USEAGREEMENTS

A native title representative body is requiredunder section 203BH of the Native Title Act tobe a party to Indigenous land use agreements .ILUAs are voluntary agreements betweennative title applicants (or determined nativetitle holders) and others about the use andmanagement of land or waters. YMBBMAC isrequired to consult with, and consider theinterests of, all people who hold or may holdnative title in relation to land and waters in anarea subject to an ILUA.

Aboriginal Liaison Officer and Banyjima traditional ownerJohn Parker (left) with son Jayden Parker.Image courtesy of Robert Gordon Photography.

YMBBMAC recognises that many disputesabout native title and traditional ownership arelong-standing.These disputes have often arisenas a direct consequence of past governmentpolicies (such as the removal of children andthe forcible removal of people from theirtraditional lands to distant reserves and placesof incarceration or forced labour); the violentseizure of traditional lands and the displacementof traditional owners by colonisers; or by theeffects of disease and starvation.

Dispute resolution is an important feature ofthe operation of native title claim workinggroups.As mentioned, working groups bringtogether individuals and sub-groups of thenative title claim community to work towardsoutcomes that will benefit all traditionalowners for the area subject to a claim.Assuch, the working groups also provide a forumin which areas of disagreement and conflictcan be identified and mediated in a supportiveenvironment.The working groups also providea means by which neighbouring native titleclaimant groups may address issues ofuncertainty and disagreement (or identifyopportunities for co-operation) with authority.

In fulfilling its responsibilities as an NTRB,YMBBMAC complies with the required disputeresolution functions. In doing so, it:

• Assists in promoting agreement between itsconstituents in making native title applicationsor conducting consultations, mediations,negotiations, or proceedings about native title.

• Mediates between its constituents in makingsuch applications or conducting suchconsultations, mediations, negotiations, orproceedings.

MEDIATION PROGRAMS

During the course of the reporting period,YMBBMAC and the State of WesternAustralia, with the assistance of the NationalNative Title Tribunal, finalised mediationprograms for the following native title claims:

In the Yamatji region

Amangu BadimiaBudina GnulliHutt River MalganaNaaguja NandaThudgari Wajarri YamatjiYugunga Nya

In the Pilbara region

Birrimaya GMYInnawonga Innawonga BunjimaJurruru KariyarraKurama Mathudunera Martu Idja BanyjimaNgarla Ngarla #2Ngarlawangga NjamalNjamal #10 NyangumartaNyiyaparli PalykuPKKP Yindjibarndi #1

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

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

And where a claim is prioritised forsettlement:

• Establishing the involvement of otherparties and a communication strategy.

• The estimated timeframe for theproduction of connection material.

• Agreement on timeframes for assessmentof connection material by the 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 as faras is possible, where extinguishment ofnative title has occurred.

• A process for third party minimisation.

• A program for agreeing, by consent as faras possible, the specific native title rightsand interests extant in relation toparticular tenures within the claim area.

In broad terms, the mediation programs setout a timetable for the progression of eachclaim towards determination or other finalsettlement.

PRESCRIBED BODIES CORPORATE

The Ngarla Prescribed Body Corporate wasestablished in the Pilbara in this reportingperiod.YMBBMAC continues to provideassistance to the Yindjibarndi AboriginalCorporation on future act matters.

Dispute Resolution


(From left) Valissa Parker, Sidone Rastus and May Kimberley.Image courtesy of Robert Gordon Photography.

AMANGU Working Group Members


Native Title Claim Updates YAMATJI REGION

OUTCOME OUTPUT PROGRESSREPORT

Protection and/orRecognition ofNative Title

Activity Name andDescription (listed inpriority order)

Intended ActivityObjective (Key Results)



Recognition andprotection

Amangu native titleclaim

Progress towardsconsent determinationor other form of finalresolution of claim

June 2006 Additional funds wererequired to meet theunexpected andunprecedented levelof future act activitywithin this claim areaduring the year

Additional meetingsrequired duringJanuary-June 2006

Six working groupmeetings held aswell as six futureact meetings

Identification andproofing of ‘at risk’witnesses

Preservation ofevidence

June 2006


Amangu native titleclaim and minor futureact matters

Exercising of notificationfunctions, takinginstructions on minorfuture matters andgeneral work associatedwith the good care andconduct of the claim

June 2006 Completed andongoing

Working groupmeetings (x 3)

Community meeting(x 1)

Notification andgeneral assistance

June 2006 Six working groupmeetings held (as wellas dedicated future actmeetings)

Costs partially coveredby Geraldtonnegotiations funding

Clarrie Cameron SnrRaymond DannBarry DoddElaine Elizabeth ForsythRodney LittleJill P Nicholls

Ross OakleyDonna RonanRob RonanRonald George EdwardRonan

Ildephonse TaylorKevin James TaylorWayne WarnerColin WhitbyMichael Whitby

Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation Annual Report 2006

BADIMIA Working Group Members









Badimia native titleclaim


June 2007 There wasincreased activity withhigh focus on finalisingthis claim duringJanuary-June 2006

Continuation ofmediation with theState and otherrespondent parties

Consentdetermination ofnative title oralternative settlement

June 2006 Alternative settlementpolicy has still not beensettled by the State,causing delays

The working group hasresolved to submitadditional connectionmaterials to the State

A new mediationprotocol was agreedwith the State for thesubmission of the finalconnection material inFebruary 2007

Community meeting(x 1) to authoriseconsentdetermination oralternative settlement

Authorisation of finalresolution of claim

June 2006 Delayed due to above

Preparation ofclaimant affidavits

Court satisfied it isable to give effect toconsent determinationor other resolution

January 2007 As above

Taking instructionson post claim-resolution corporatestructure

Establishment of PBCor other corporatestructure

June 2007 As above

Theresa BellKen BynderEdward FogartyGloria E FogartyOllie GeorgePercy GeorgeOlive Gibson

Faye GidgupRoderick HedlamLaurence HodderVince JonesAlbert Victor LittleDes LittleHazel Grace Little

Victor John LittleVictor Thomas LittleDes ThompsonFrank Walsh JnrFrank Walsh Snr

38



Badimia native titleclaim (small north-western portion only)

Trial of small portionof Badimia native titleclaim (North WestGoldfields Clusterlitigation)

June 2007 Resolved – no longerrequired

Land summit in October2005 removed overlapswith Badimia claim to beresolved byamendments ofoverlapping claims

No longer in trial

Community meeting(x1)

Instructions onlitigation

July 2005 N/A as above

Anthropological andhistorical research

Preparation and filingof expert reports

September 2005 No longer required asabove

Proof of witnesses Witnesses prepared forhearing

October 2005 N/A as above

Presentation ofevidence-in-chief

Substance of case ispresented to the court

December 2005 N/A as above

Ongoingrepresentation inlitigation

Appropriate conductof the trial

Ongoing todetermination inaccordance withprogramming ordersand directions of theFederal Court

N/A as above

Protection andrecognition

Badimia native titleclaim and minor futureact matters

Exercising of notificationfunctions, takinginstructions on minorfuture act matters andgeneral work associatedwith the good care andconduct of the claim

June 2006 Completed

Working groupmeetings (x 5)Community meeting (x 1)


June 2006 Three working groupmeetings held

Meetings in 2005 put offdue to sorry business

Several dedicated futureact meetings held

Mediation meetings(x 2) including fieldtrips with overlappingclaim groups

Resolution of overlaps June 2006 Partially completed

Overlaps with SirSamuel and NgaliaKutjungkatja resolved atland summit in October2005, to be finalised byamendment ofoverlapping claims

NNTT assistance withWidi Mob overlap to berequested



June 2006


BUDINA Working Group Members








Recognition Budina native titleclaim


June 2006



June 06


Budina native titleclaim and minor futureact matters

Exercising ofnotification functions,taking instructions onminor future actmatters and generalwork associated withthe good care andconduct of the claim

June 2006 Achieved

Working groupmeetings (x2)



June 2006 One working groupmeeting held

Robert BoonaLorna CorbettCyril HayesFrancis HayesKaren HayesLes Hayes

Shirley HayesTrudy HayesBarry LyndonClive LyndonIvan LyndonJoan Amey Lyndon

Joan Bessie LyndonMarie LyndonNora LyndonJeanette Parker Dorrie Walley


GNULLI Working Group Members








Gnulli native title claim Progress towardsconsent determinationor other form of finalresolution of claim

June 2006



June 2006


Gnulli native title claimand minor future actmatters


June 2006 Achieved

Working groupmeetings (x 4)Community meeting(x 1)


June 2006 Four working groupmeetings held as wellas dedicated futureact meeting


Resolution of overlaps June 2006 There are no overlapsfor this claim

Possible overlaps mayarise if Thudgari claimboundaries areextended

Mediation meetings tobe held in last quarter2006 followingresearch

Glenda CooyouJulie CooyouRon CroweSharon CroweJohn Dale

Syd DaleRaymond EdneyRuby McIntoshRachael Wendy MowarinGwen Peck

Dorothy Anne PreestBen Roberts


HUTT RIVER Working Group Members









Hutt River native titleclaim


June 2006



June 06

Hutt River native titleclaim and minor futureact matters


June 2006




June 2006 One working groupmeeting held as well asa number of Geraldtonnegotiations meetings

Clive CouncillorKeith CouncillorNikki CouncillorWilliam "Bill" Mallard Snr

William "Willo" Mallard JnrNorma McMahonShirley McMahonHelen Nutter

Shirley PolandMary TullockDelveen WhitbyLorraine Whitby

MALGANA Working Group Members

Nellie CocksAda FossaGreg MallardMargo MallardJasmine McMahonJoan Margaret Mitchell

Kathleen MusulinKathleen OakleyMarion OakleyRevel OakleyRichard OakleyJames Poland Jnr

Maria PolandLorna RyanDelveen WhitbyAnita Winder








Malgana Shark Baynative title claim


June 2006 While in-principleagreement wasreached regarding theoverlap outlinedbelow, there has beena lot of additionalactivity – to prepareclaim amendmentsand re-registration ofthe claim toimplement this, thishas required additionalresources notoriginally allocated



June 2006


Malgana Shark Baynative title claim andminor future actmatters


June 2006 Achieved




June 2006 Achieved

Three working groupand two communitymeetings held as wellas a dedicated futureact meeting










Resolution of overlapwith Wajarri Yamatji

Resolution of overlaps November 2006 Completed in-principle

Agreement atcommunity meetingon 10 December2005 to amendMalgana claim toremove overlap

This has resulted in the need foradditional activity toimplement thisagreement, requiringadditional resources

Preparation,certification and filingof Malgana#2 claimover unclaimed area

Filing of Malgana#2Form One application

June 2006 Instructions were alsotaken to add theunclaimed area to thecurrent Malgana SharkBay claim

Preparation of courtdocuments for filing ofnew claim andcombination withamended existingclaim continuing

Preparation, re-certification and filingof amended FormOne application andcombination withMalgana#2

Filing of amendedForm One application

June 2006 In process

Very high number ofapplicants has madecompletion of allapplicant affidavitsdifficult

Some still outstanding

Preparation and filingof registration testaffidavits

Registration ofamended claim

October 2006 May be delayed asabove

Research forregistration testaffidavits in progress

Working Group Members








Naaguja native titleclaim and minor futureact matters


June 2006 Achieved



Notification and generalassistance

June 2006 Two working groupmeetings held

One communitymeeting held

Edna May CorbettClive CouncillorLindsay CouncillorNikki Councillor

Ronald CouncillorRoss Edward CouncillorPhillip Wayne CouncillorShirley McMahon

Terry RadcliffeYvonne RadcliffeGerald (Jacko) Whitby


NAAGUJA



NANDA Working Group Members








Nanda native titleclaim


June 2006



June 2006


Nanda native titleclaim and minor futureact matters


June 2006 Completed




June 2006 There will not be aneed for four workinggroup meetings

Two held to dateand two communitymeetings

The cost ofcommunity meetingsmeans that anyadditional meetingcosts saved fromfewer working groupmeetings will be takenup by additionalcommunity meetingand so may runover budget

Jack CapewellJohn Steven DrageSteven KellyClive Edward Mallard

William "Bill" Mallard SnrGwen MitchellBetty MorenoAnnette (Annie) Pepper

Shirley PolandLeanne Hazel RandallJune RuffinLorraine Whitby





Intended Activity Objective(Key Results)



Recognition Thudgari native titleclaim


June 2007

Continuation ofmediation with theState and otherrespondent parties

Consent determinationof native title oralternative settlement

June 2006 Supplementaryconnection materialswere provided tothe State inDecember 2005

Following responsefrom the State inMay 2006 andagreement of newmediation protocols,further materials to besupplied by October2006


Authorisation ofconsent determinationor other form ofsettlement

June 2006 Not achieved – asabove


Court satisfied it isable to give effect toconsent determination

January 2007 As above

Taking instructions onpost claim-resolutioncorporate structure

Establishment of PBCor other corporatestructure

June 2007

Maureen DoddRonnie DoddArnold LapthorneCharlie Lapthorne

Rose LapthorneWayne LapthorneBella RandallEdward John Randall

Ben RobertsPeter Salmon


THUDGARI










Thudgari native titleclaim and minorfuture act mattersprotection andrecognition


June 2006 Completed




June 2006 Did not require fourworking groupmeetings

Two working groupmeetings held

Additional meetingswill be required oncethe State has provideda formal response tothe supplementaryconnection materials


Resolution of overlaps June 2006 There may be anextension of Thudgariclaim area

Mediation meetingwith affected claimgroups will then berequired

Agreed mediationprotocols schedule thiswork for July –December 2006

Amendment of theclaim to resolveoverlap with Thalanjyiwill occur during finalresolution of claim



June 2006









Wajarri Yamatji nativetitle claim


June 2007 Achieved

Connection reportresearch continuing

Preparation, re-certification and filingof amended FormOne application

Lodgment of amendedForm One application

September 2005 Completed – certifiedand amended and filedin Federal Court inAugust 2005

Preparation and filingof registration testaffidavits

Registration of amendedclaim

October 2005 Completed

Passed registration teston 1 December 2005


Completion of draftconnection report

November 2006 Mediation protocol forsubmission ofconnection reportamended due to needto focus on finalisationof other high priorityclaims

Research continuing,draft to be completedby April 2007

Community meeting (x1) to deliver draftconnection report

Connection reportendorsed bycommunity

November 2006

N/A as above In-house review andpeer review

Submission ofconnection report tothe State

January 2007 As Above

To be conducted inApril 2007

Rochelle LeeBaumgartenWilliam BaumgartenRobin BoddingtonAnthony DannGordon Fraser

Colin HamlettDavid George JonesMuriel LittleRaymond CharlesLockyerLen Merry

Pam MongooJoyce RobertsRon SimpsonTimothy SimpsonCharlie Snowball SnrMonty Walgar


WAJARRIYAMATJI










Wajarri Yamatji nativetitle claim and minorfuture act matters


June 2006 Achieved




June 2006 Achieved

Five working groupmeetings held as welas 12 dedicated futureact meetings

Community meetingto be held in August2006


Resolution of overlaps June 2006 Partially completed

Malgana communitymeeting on 10December 2005resolved to amend theirclaim to remove overlapwith Wajarri so nomediation required

All applicants onMullewa Wadjari claimdeceased so nomediation possible



June 2006 Ongoing

YUGUNGA NYA Working Group Members








Yugunga Nya nativetitle claim


June 2006

Yugunga Nya nativetitle claim

Trial of part ofYugunga-Nya nativetitle claim (North West GoldfieldsCluster litigation)

January 2006 Following directionshearing on 8 February2006 trial has beenvacated

Mediation protocolsto be developed inconjunction with theState, GLSC andoverlapping claim inaccordance withFederal Courtdirections


Instructions onlitigation

July 2005 N/A

Trial vacated as above



September 2005 As above

Proof of witnesses Witnesses preparedfor hearing



Substance of caseis presented tothe Court





N/A as above

Mavis CurleyAlison K GentleLeonie Ruth GentleEvelyn Gilla

Richard KyangaElizabeth Clara LittleHazel Grace LittleMarlene Shar

Vivian SharBilly ShayRex ShayRon Eric Shay










Combined workinggroup meetings (x 2)

Progression of intra-Indigenous mediationwith Wutha native titleclaim

August 2005 Partially Achieved

One meeting held

In-principle agreementreached

Further mediationmeetings will be heldfollowing agreementof mediation protocol,after Wongathadecision handed down,as per Federal Courtdirections


Authorisation ofcombined claim andapplicants

October 2005 Not achieved

N/A

Wutha has not formallyaccepted resolutionproposal

New mediationprotocol to bedeveloped as above

Certification andfiling of amendedForm One

Lodgment ofamended claim

November 2005 N/A as above

Registration testaffidavits

Registration ofamended claim

January 2006 N/A as above



June 2006


Yugunga Nya nativetitle claim and minorfuture act matters


June 2006 Achieved

Working groupmeetings (x4)



June 2006 Achieved

Four working groupmeetings held

Community meetingheld on 10 June 2006









June 2006


Yugunga Nya #2native title claim


June 2007 Outcome achieved butthis claim is no longerrequired

Yugunga Nya peoplewith interests in thisarea have combined with other claims to be part of the new Sir Samuel claim - to berepresented by GLSC -following the land summit in October 2005



September 2005 N/A as above


Authorisation of theapplicant(s)


Preparation,certification andfiling of Form Oneapplication

Lodgment of FormOne application


Preparation andfiling of registrationtest affidavits

Registration of claim October 2005 N/A as above

Proof of witnesses Witnesses preparedfor hearing



Substance of case ispresented to theCourt





N/A as above



BIRRIMAYA Working Group Members

Native Title Claim Updates PILBARA REGION







Recognition Birrimaya native titleclaim

Progress towardsconsent determinationor other resolutions ofclaim

Mediation withNjamal

Final resolution ofoverlap betweenBirrimaya and Njamal

June 2006 Ongoing


Birrimaya native titleclaim and minorfuture act matters


June 2006 Completed



June 2006 Completed

Biddy BunwarrieKevin FredFrank FrenchGrey Gardiner

Lindsay GingerKim JackPolly JackBruce Thomas

Dennis ThomasKenny ThomasLola WalkerBill Williams








Recognition GMY native title claim Progress towardsconsent determination

Anthropologicalresearch

Complete claim groupdescription forcombined claim

July 2005 Completed andapproved atcommunity meeting


Life histories September 2005 Completed

Community meeting Final instructions tocombine GMY andInnowonga native titleclaims with theInnawonga portion ofIBN claim

April 2006 To be completed laterin the next periodpending amendment toMIB/IB(N) claims

Community meeting Authorisation ofcombined claim andapplicants

May 2006 Completed

Certification and filingof Form One

Lodgment of claim June 2006 To be completed in thenext reporting period


Registration of claim November 2005 Partially complete



June 2006 Completed for thecurrent period

Ongoing in the nextperiod


GMY native titleclaim and minorfuture act matters


June 2006 Completed



June 2006 Completed

Arthur FlatfootEric GalbyGloria SmithAlloway SmirkeNathaniel Smirke

Beverley TaylorKurston TommyNancy TommyRobyn TommyRoy Tommy

Gladys WalkerJulie WalkerPeter Walker


GOBAWARRAHMINDUARRAYINHAWANGA


INNAWONGA Working Group Members


Brendan CookDesmond CookMarlin CookNicholas CookDavid CoxThomas Cox

Clay DellaportDarren InjieKenneth InjieLorraine InjieStuart InjieDoreen James

Tadjee LimerickVanessa LyndonRodney ParkerLola Young







Recognition Innawonga native titleclaim

Progress towardsconsent determination


Complete claim groupdescription forcombined claim

July 2005 Completed andapproved at communitymeeting



Community meeting Final instructions tocombine GMY andInnowonga native titleclaims with theInnawonga portion ofIBN claim

April 2006 To be completed laterin the next periodpending amendment toMIB/IB(N) claims


May 2006 Completed


Lodgment of Claim June 2006 To be completed in thenext reporting period


Registration of claim November 2005 Partially complete




Ongoing in the nextperiod


Innawonga native titleclaim and minorfuture act matters


June 2006 Completed



June 2006 Completed

INNAWONGABUNJIMA


May ByrneGeorge DerschowKeith LethbridgeAlice Smith

Charlie SmithHelen SmithJohn ToddKaren Tommy

Alec TuckerGladys TuckerGreg TuckerMaryanne Tucker








Recognition IBN (Banyjima) nativetitle claim



Complete claim groupdescription for unifiedBanyjima claim (MIB &IBN)

July 2005 Completed



Community meeting Final instructions tocombine MIB native titleclaim with the Bunjimaportion of IBN claim

August 2005 Completed




Lodgment of claim March 2006 Ongoing

Delays in obtainingexecution of someaffidavits


Registration of claim March 2006 Ongoing




Ongoing in the next


IBN (Banyjima) nativetitle claim and minorfuture act matters


June 2006 Completed



June 2006 Completed


JURRURU Working Group Members


Alex Alexander Brenda AlexanderFabian AlexanderRuth AlexanderRichard Cox Shirlene Cox Jason HubertMalcolm Hubert

Kelvin LimerickRhonda Norma,Alloway SmirkeAnthony Smirke Brenda Smirke David SmirkeIvan SmirkeLinda Smirke

Lorraine SmirkePaula SmirkePeggy SmirkeRichard SmirkeShirley Smirke Toby Smirke







Recognition Jurruru native titleclaim


Beyond June 2006

Anthropologicalresearch as toboundary

Anthropologicalreport completed

December 2005 Completed

Legal advice preparedbased onanthropological report

Legal advice presentedto relevant groups


Preparation of newclaim if required

New claim filed March 2006 Not required in thisreporting period


Registration of newclaim

Not required

Anthropologicalresearch forconnection report

Primary genealogiesand cultural mappingcompleted

June 2006 Compilation of existingresearch and brief toconsultant completed




Work arising willcontinue throughoutthe next period


Jurruru native titleclaim and minor futureact matters


June 2006 Completed



June 2006 Completed

58


Brenda AlecAlfred BarkerArchie CaptainSharon CaptainWally CharlestonCyril Gordon

Junior GordonRaylene GordonKaren KellyIrene RobertsTeddy RobertsDiana Robinson

Kerry RobinsonLes StevensKevin StewartThomas MonaghanElsie Williams

59







Recognition Kariyarra native titleclaim


December 2005

Further researchconcerning thetraditional laws andcustoms underpinningrights and interests

Supplementary reportsubmitted to the State

July 2005 Completed December2005

Continuation ofNNTT mediationwith all respondentparties

Consent determinationof native title

June 2006 Ongoing



September 2005 Key witnesses havemade affidavits

Taking of preservationevidence not proposedat this time, pendingprogress of mediation



After June 2006 Affidavits supportingconnection completed


Kariyarra native titleclaim and minorfuture act matters

Exercising ofnotification functions,taking instructions onminor future act mattersand general workassociated with the good care andconduct of the claim

June 2006 Completed



June 2006 Completed

KARIYARRA

Annual Report 2006 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation


KULYAKARTU Working Group Members









Kulyukartu (newnative title claim)


Preliminary researchand communitymeeting

Authorisation of claimand applicant

September 2005 Completed

Certification andfiling of amendedform

Lodgment of claim September 2005 Completed


Registration of claim September 2005 Completed




Kulyakartu does not yethave a working group.


Jack AlexanderRed AlexanderBrendan BobbyGeorgina BobbyJoan Evans

Neil FinlayCyril LockyerDarielle LockyerGloria LockyerJean Lockyer

Mark LockyerSharon LockyerValerie LockyerAnne Wally








Recognition KurumaMarthudunera native title claim





Ongoing in the next


KurumaMarthuduneranative title claimand minor futureact matters


June 2006 Completed



June 2006 Completed

KURAMA &MATHUDUNERA


MARTU IDJABANYJIMA









Recognition MIB (Banyjima) nativetitle claim



Complete claim groupdescription for unifiedBanyjima claim(MIB & IBN)

July 2005 Completed



Community meeting Final instructions tocombine MIB native titleclaim with the Bunjimaportion of IBN claim





Lodgment of claim March 2006 Ongoing

Delays in obtainingexecution of someaffidavits


Registration of claim March 2006 Ongoing




Ongoing in the next


MIB (Banyjima) nativetitle claim and minorfuture act matters


June 2006 Completed



June 2006 Completed

Eric CareyKimsey CoffinElizabeth DowtonDawn (Roberta) HicksMargaret LapthorneHenry LongPatrick LongDouglas McCarthur

Ron Mills SnrBrendan ParkerEric ParkerGarry ParkerHorace ParkerJohnny ParkerMaitland ParkerMargaret Parker

Marjorie ParkerRex ParkerSuzanne ParkerTrevor ParkerWinston ParkerWobby Parker


Alexander BrownLarissa BrownLena BrownColletta Cooke

Nora CookeEdna CoppinJoe CoppinBrenda Lee

David Lee SnrTania LeeRobert TurnerNancy-Lena Wilson


NGARLA







Recognition Ngarla native title claim Progress towardsconsent determination

August 2005

Continuation ofNNTT mediation withall respondent parties


April 2006 Ongoing

One outstanding issueregardingcharacterisation ofnative title rights andinterests

BHP interests to bedealt with separately



April 2006 Ongoing

Affidavits prepared butdetermination notsettled (see above)

Taking instructions onPBC structure

Establishment of PBC March 2006 Completed


Ngarla native title claimand minorfuture act matters

Exercising ofnotification functions,taking instructions onminor future act mattersand general workassociated with the good care and conductof the claim

June 2006 Completed



June 2006 Completed


NGARLAWANGGA Working Group Members








Recognition Ngarlawanga nativetitle claim





Ongoing in the next


Ngarlawanga nativetitle claim and minorfuture act matters


June 2006 Completed



June 2006 Completed

Anthony HubertDamien HubertNerissa HubertSimone HubertAnthony HylandApril HylandCharlie Hyland

Jason HylandMaisey HylandDaniel LimerickDiane LimerickKellman LimerickMatthew LimerickRuth Limerick

Tadgee LimerickTania LimerickAlbert SmithRaelene SmithAdam Standard


Ngarluma-Kariyarra does notyet have a working group.


NGARLUMA-KARIYARRA








Ngarluma-Kariyarra(new native titleclaim)

Lodgment andregistration of newclaim

September 05

Combined workinggroup /communitymeeting ofneighbouring claimgroups

Formulation ofappropriate claimgroup

June 06 Not completed

Research andpreparatory meetingongoing

Certification andfiling of Form One

Lodgment of claim June 06 Not completed

Pending further researchand preparatorymeetings

Community meeting To authorise theapplicant

June 06 Not completed



Registration of claim June 06 Not completed



NJAMAL Working Group Members


Teddy AllenMorris CoppinDoris EatonKevin GearyAlice Mitchell

Biddy NormanGavin SnookJane TaylorMichael TaylorTony Taylor

Elaine TinkLorraine WilliamsTerry Wilson







Recognition Njamal native titleclaim


June 2006





Completion ofconnection report

December 2005 Ongoing

Significant connectionreport research hasoccurred

Report will not becompleted in thisreporting period

In-house review andpeer review


January 2006 Not completed

Application toamend Form One

Adjustments toapplicant, boundariesand claim description

June 2006 Completed

Recognition andprotection of nativetitle

Njamal native titleclaim and minorfuture act matters

Exercising ofnotification functions,taking instructions onminor future act mattersand general workassociated with thegood care and conductof the claim

June 2006 Completed



June 2006 Completed


Winnie CoppinWooda DavisSusie GilbertAlma Gray

Darcy HunterTeddy HunterRosie MunroMargaret Rose

Ada StewartJanet StewartFabian WhyardieCaptain Wilson


NYANGUMARTA







Recognition Nyangumarta nativetitle claim


June 2006


Completion ofconnection report

February 2006 Completed

In-house review andpeer review


February 2006 Completed

Consideration of theState’s response toconnection material

Development ofmediation program

December 2005 State’s response toconnection material notyet received



December 2005 Ongoing

NNTT mediationwith all respondentparties


June 2006 Delayed

Mediation willcommence in the nextreporting period



June 2006 Not yet required


Nyangumarta nativetitle claim and minorfuture act matters

Exercising ofnotification functions,taking instructions onminor future act mattersand general workassociated with thegood care and conductof the claim

June 2006 Completed



June 2006 Completed


NYIYAPARLI Working Group Members








Recognition Nyiyaparli native titleclaim


June 2007

Further researchconcerning thetraditional laws andcustoms underpinningrights and interests inparticular areas

Anthropologicalreport (consultant)

June 2006 Ongoing

Consultant not availablein accordance withidentified time frame


Nyiyaparli nativetitle claim and minorfuture act matters


June 2006 Completed



June 2006 Completed

Bruce BungBilly CadiganBaker LaneVictor Parker

Natalie ParkerBrian SamsonDavid StockBonny Tucker

Brian TuckerCharles TuckerGordon YulineKimmy Yuline








Recognition Palyku native title claim Progress towardsconsent determination




Ongoing in the next


Palyku native title claimand minor future actmatters


June 2006 Completed



June 2006 Completed

Albert CorunnaElsa DerschowJillian HarrisPeter JafferyTerry JafferyCheryl MacKay

David MilroyGladys MilroySally MorganTammy O’ConnorFlorrie SamCharmaine Sinclair

Fred StreamWalter StreamDudley WabbieCheryl YulineDoug YulineLindsay Yuline


PALYKU


PEEDAMULLA-CANE RIVER



Peedamulla-Cane River does notyet have a working group.








Peedamulla-CaneRiver (new native titleclaim)

Lodgment andregistration of newclaim

September 05

Combined workinggroup /communitymeeting ofneighbouring claimgroups

Formulation ofappropriate claim group

August 05 Completed

Additional communitymeeting required in thenext period


Lodgment of claim June 06 Not completed

May be finalised in thenext reporting period

Community meeting To authorise theapplicant


But additional meetingrequired


Registration of claim June 06 Not completed

But substantial researchcompleted


Peedamulla-CaneRiver native title claimand minor future actmatters

Exercising of notification functions,taking instructions onminor future act mattersand general workassociated with thegood care andconduct of the claim

June 2006 Completed



June 2006 Completed

PUUTU KUNTIKURRAMA &PINIKURA


Jimmy AshburtonJohn AshburtonTanya AshburtonClaude ButlerAngie CoxMaurice DaublinMaudie Dowton

Maggie DrageChloe HayesSandra HayesSusanne Hayes-HughesDarryl HughesDoris HughesMargie Hughes

Peter JeffriesLily MacKayRobert MacKayDonna MeyerToby SmirkeSelina StewartTony Stewart








Recognition PKKP native titleclaim



Possible modificationof claim groupdescription

March 2006 Ongoing



June 2006 Completed for thecurrent period, ongoingin the next


PKKP native titleclaim and minorfuture act matters


June 2006 Completed



June 2006 Completed


YINJIBARNDI Working Group Members


Cherry CheedyLyn CheedyJimmy HoraceJoyce Hubert

Jennifer HubertAshley JamesMaudie JerroldDora Solomon

Jill TuckerBridget WarrieBruce WoodleyMichael Woodley







Recognition Yindjibarndi nativetitle claim





Ongoing in the next


Yindjibarndi native title claim and minorfuture act matters


June 2006 Completed



June 2006 Completed







Protection Ngarluma determinedarea

Exercising of notification functions,taking instructions onminor future actmatters and generalwork as directed



June 2006 Completed

Determined Claim Updates


NGARLUMA







Protection Yindjibarndidetermined area

Exercising ofnotification functions,taking instructions onminor future act matters and generalwork as directed



June 2006 Completed

WA State Future acts funding –two positions

Assist with future actsacross the region

YINDJIBARNDI

A large part of the representative work thatYMBBMAC does on behalf of its clients is inthe area of future acts – that is, with regardto any act, which will, if conducted, affect

native title.Theorganisation works to helpensure that the interestsand rights of itsconstituents are protectedin the processing of allfuture acts.

The Native Title Actrequires NTRBs to ensure,as far as reasonablypracticable, that noticesabout such future acts arebrought to the attention of native title holdersand claimants.

Notices received by YMBBMAC usuallyconcern plans by a resource developer orother potential land users to undertake anactivity that may affect native title rightsand interests.These notices are mostcommonly issued under section 29 ofthe NTA.

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

WHAT IS A FUTURE ACT?

A future act is a proposed activity ordevelopment which will, if conducted,affect native title. One effect could be thatnative title is extinguished as a result of aproposed activity; another is that aproposed event would not fully allow thecontinued existence, enjoyment, or exerciseof native title.

Future acts can be as varied as an upgradeof an existing lease or the compulsoryacquisition of native title. It can also apply tothe granting of mining or exploration rights.In accordance with the Native Title Act, futureacts determine what activity may proceedover native title land or water and on whatconditions.

EXPEDITED PROCEDURE

The most common notices under the NTAare expedited procedure notices. In suchnotices, the State Government asserts thatnative title will not be affected by theproposed interest because they consider theact to be of low impact. State Governmentpolicy asserts that the expedited procedureapplies to all exploration and prospectingtenement applications in WA, irrespective oftheir size, location and nature.

There are standing instructions to lodgeobjections to the application of theexpedited procedure, in the absence of anappropriate heritage protection agreement,for all native title claims represented byYMBBMAC.

During the reporting period,YMBBMAClodged fewer than half of all expeditedprocedure objections in the State and has,to date, resolved close to half of these byagreement (see Table 1). It is expected thatthe remaining matters will be resolved byagreement in the next reporting period.

In addition, the number of objections lodgedhas reduced in this reporting period due tothe State Government policy which requiresAboriginal heritage protection agreements tobe entered into before tenements areadvertised under the expedited procedure.YMBBMAC was involved in developing thisstandard agreement.

ADDITIONAL FUTURE ACTAPPLICATIONS

Other future act applications under theNative Title Act relate to the grantingof mining, miscellaneous or general purposeleases, or to compulsory acquisitions underthe Land Administration Act.These notices aremost commonlyissued under section 24 or29 of the NTA.

Notification


The organisationworks to helpensure that theinterests andrights of itsconstituents areprotected in theprocessing of allfuture acts


WHY DO WE OBJECT?

Discussions between YMBBMAC and theAssociation of Mining and ExplorationCompanies highlighted concerns by AMECmembers about the land council’s reasonsfor objecting to expedited procedures.YMBBMAC was keen to explain to AMECmembers the simple causes for theseobjections and what can be done tominimise their occurrence. As a result itprovided an article to the AMEC quarterlynewsletter, The AMEC Explorer, in an attemptto address their concern.

“YMBBMAC objections to expeditedprocedures arise when heritage agreementsare not correctly completed or if they arenot submitted.With limited time andresources,YMBBMAC future act officers findthemselves restricted in the amount ofattention they can give to heritageagreements that are not correctlycompleted. As a result, these agreements willautomatically attract an objection, mostcommonly because they:

• Do not have maps included with theagreement.

• Are not witnessed.• Do not have tenement information.”

The full text can be found on the YMBBMACwebsite - www.yamatji.org.au.

Table courtesy of the National Native Title Tribunal

DISCLAIMER This information product has been created to assist in the understanding of native title matters and is intended as a guide only“The Registrar, the National Native Title Tribunal and its staff and officers, and the Commonwealth accept no liability and give no undertakings,guarantees or warranties concerning the accuracy, completeness or fitness for purpose of the information provided.”

Region Active % Finalised % Total %

Yamatji 69 20 144 13 213 15

Pilbara 70 20 382 35 452 31%

Goldfields 84 24 476 43 560 39%

Kimberley 80 23 87 8 167 12%

South West 3 1 0 0 3 20%

Ngaanyatjarra 39 11 18 2 57 4%

Total 345 1107 1452

Table 1 - Regional Objection Workload

Rabbit Proof Fence, Nanda Country. Image by CFC Team.

Heritage is at the heart of Indigenous cultureand traditional owners’ relationship to land.

Fortunately, these days, it isalso something that themajority of all Australiansare concerned about.

YMBBMAC has standinginstructions from most ofthe traditional ownergroups it represents toassist in undertakingheritage work on theirtraditional lands.Theorganisation seeks tocoordinate a significant

number of heritage surveys and otherheritage-related work. Much of this work isundertaken by agreement with developers.

As a result of the mining boom, many ofthese agreements have come aboutspecifically to assist exploration activitieswithout compromising Indigenous people’srights in protecting and managing their ownheritage sites and places of culturalsignificance.

Future acts, an expedited procedure underthe Native Title Act, have added significantly to the number of heritage agreements signedand implemented.YMBBMAC is one ofWestern Australia’s largest providers ofheritage services - possibly the largest.

YMBBMAC provides an in-house heritageservice for proponents requiring heritagesurveys as part of future act applications.Heritage work is not, however, a requirementof the NTA, and as a consequence, theorganisation’s heritage service is not fundedby the Commonwealth. Rather, it is fundedon a cost-recovery basis, where proponentsare charged to cover the cost of the serviceand associated administrative costs.

YMBBMAC staff work with traditionalowners to provide professional and culturallyappropriate heritage surveys for miningcompanies and other proponents. Someadditional work is also provided by externalconsultants where required.

The protection of heritage and thenegotiation of future acts agreements areintrinsically linked.The conduct of heritagesurveys can have a serious impact on futureact negotiations under the NTA, despite the

fact that heritage work is not a requirementof the Act.

YMBBMAC supports claim groupsconducting their own heritage surveys.However, it notes that the implications forfuture act negotiations, and particularly thepotential to exhaust legal rights under theNTA, should be carefully considered beforesuch surveys are carried out.

UPDATE ON HERITAGEAGREEMENTS

The introduction in November 2004 ofregional standard heritage agreements has continued to act as a safety net innegotiations between the traditional ownerworking groups and mining proponents inapplications for exploration licences andmining tenements. The vast majority ofworking groups have consented to their use.As a result, the negotiation process issignificantly streamlined.

YMBBMAC welcomes the continuing trendof decreasing objections to applicationsattributable to the use of RSHAs. However,it notes that incorrect execution of theagreements has resulted in some difficulties.These have generally been part of thelearning and implementation process, andhave not significantly detracted from thesuccess of RSHAs in providing for a morecooperative approach to land accessprocesses.

While RSHAs came into being in responseto a government initiative to make heritageagreements compulsory for all new miningand exploration tenement applications, it isnot the only option for heritage agreementsbetween traditional owners and miningcompanies. Other heritage arrangements,including the YMBBMAC Alternative HeritageAgreement, can be used by applicants.

AHAs are consistent with the StateGovernment’s policy of ‘agreement notargument’. Furthermore, these agreementsare not more complex. In fact, manycompanies that YMBBMAC negotiates withon behalf of its clients have opted to usealternative agreements in place of theRSHAs. As a result, the organisationpromotes AHAs as the preferred option forheritage arrangements.

Heritage


Heritage is atthe heart ofindigenous cultureand traditionalowners’relationshipto land

Agreement Making

Annual Report 2006 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation

Ngarla traditional owners Jeffrey Brown, Sandy Brown and CharlieCoppin (Kurtiri) with Altas Iron Managing Director David Flanagan anddaughter Grace as well PNTS staff Sukhpal Singh and Rainer Matthews.Image by Christine Lundy.

YMBBMAC works to ensure the bestoutcomes for its members and claimants.Theorganisation recognises the importance ofreaching the right agreements as efficiently aspossible.As a result, it prefers to negotiateoutcomes rather than locking horns throughlitigation, which slows the process, wastesresources and rarely delivers the best resultsfor claimants.This approach applies to allrepresentation that YMBBMAC offers on behalfof its members, including its work on nativetitle determinations, future act negotiations andbroader service-delivery discussions.

YMBBMAC’s commitment to maintaining aconstant openness to dialogue – whether indiscussing new ideas, different perspectives, orin the face of antagonism – has been a centralfactor in determining its success and goodstanding with the communities it representsand in the broader environment.

2005/06 NEGOTIATED AGREEMENTS

YMBBMAC can boast impressive achievementsin the area of negotiated agreements duringthis reporting period - both in terms of thenumber and the nature of agreementsreached. Highlights include:

• An unprecedented exploration agreementwas reached between MidwestCorporation and the Wajarri people overthe culturally significant Weld Ranges.

• Binding initial agreements were signed byRio Tinto Iron Ore and six native title claimgroups in the Pilbara.This is the first stage innegotiations between the groups and thecompany, which should, on completion,provide extensive benefits for the traditionalowners.

• There was an historic signing of three dealsin one day by the Njamal native title claimgroup, confirming its status as one of theleading native title negotiators in thecountry.

• Land access agreements were reachedbetween three Pilbara native title claimgroups and Fortescue Metals Group.

• A mining agreement was reached by theWajarri Elders and the Ngoonooru Wadjaripeople with Murchison Metals within twomonths - a record-breaking period for amajor mining agreement.

YUGUNGA-NYA ANDMURCHISON METALS

June 2006

An agreement was reached betweenYugungu-Nya and Murchison Metals over thegranting of a number of miscellaneous licencesassociated with the Jack Hills iron ore project.The agreement provided for payments for thegranting of each licence as well as payments forcommunity development and heritageprotection.

NGARLA PEOPLE ANDATLAS IRON LIMITED

June 2006

The agreement concerned the PardooProject, a new mine located approximately75 kilometres east of Port Hedland.Themining agreement has given Ngarla People an unprecedented commercial opportunity in which they will be able to align themselveswith mining contractors tendering forbusiness connected with the new miningoperation and receive preferentialconsideration where pricing is competitiveand quality requirements are assured.

Besides a modest financial compensationpackage, the deal also provided NgarlaPeople with shares in Atlas Iron Limited.

77

NJAMAL PEOPLE AND CBH, CMLAND BARRY KAYES

June 2006

The Njamal People made history andconfirmed their status as one of the leadingnative title negotiators in the country bysigning three mining agreements in a day.

CBH Resources Ltd

The CBH-Njamal mining agreementconcerned the Sulphur Springs project, anopen-cut copper and zinc mine andprocessing plant located 160km southeast ofPort Hedland.The agreement had a range ofprovisions; most notably, it met requests bytraditional owners for part of the funds tobe donated to the Royal Flying DoctorService of Australia and the Cancer CouncilAustralia.

Consolidated Minerals Limited

The CML-Njamal agreement concerns theexpansion of the CML Woodie Woodiemanganese mine, located 400 km south-eastof Port Hedland.This agreement had a raftof provisions. However, one of the pleasingaspects of the deal was the company’sagreement to pay compensation for itsexisting mine pits as well as for the new pitsit plans to build.This move exceeds legalobligations under the Native Title Act, whichonly requires the company to negotiate withtraditional owners over new activities.

The CML-Njamal deal had a number ofdistinguishing features, including fundingallocated for the collection of preservationevidence to advance the recording of culturaland historic knowledge held by NjamalElders about Njamal language, cultural andcountry. Additionally, the deal included fundsfor emergency medical care for NjamalPeople, while provisions were also made forthe funding of employment and traininginitiatives as well as sporting and educationalscholarships for Njamal People.

Barry Kayes (an individual miner)

The agreement between Mr Kayes and theNjamal People incorporated compensationand heritage protection provisions.

Agreement Making


(Cont.)

GMY, IB, K&M, NGARLAWANGA,NYIYAPARLI AND PKKPAND RIO TINTO IRON ORE

May 2006

Binding initial agreements were signed betweenRio Tinto Iron Ore and the six claim groupsrepresented by YMBMAC in the negotiations:Gobawarrah Minduarra Yinhawanga, InnawongaBunjima, Kuruma Marthudunera, Ngarlawanga,Nyiyaparli and Puutu Kunti Kurrama & Pinikura.When finalised, these agreements have thepotential to be among the largest native titledeals ever reached in Australia.

The initial agreements will provide traditionalowners’ consent to, and support for, RTIO’spresent and future operations, and willstreamline RTIO’s native title approvalsprocesses.The BIAs pave the way for asmoother negotiation process following theresolution of the agreed level of financialcompensation for the native title groups.

WAJARRI YAMATJI AND OZ GEM June 2006

A mining agreement was reached betweenWajarri Yamatji and Oz Gem over a smalllapidolite mine near Yalgoo.The agreement,which was reached in a single sitting,includes compensation, heritage protectionand the provision of an annual supply ofspecially carved and crafted headstones.

GNULLI PEOPLE ANDCARDABIA STATIONMarch 2006

The Gnulli People concluded a significantagreement with the Ningaloo SustainableDevelopment Commission over adevelopment in Coral Bay.

The State Government engaged inconsiderable negotiations with the BaiyunguAboriginal Corporation over the surrenderof part of Cardabia Station and also withregard to development in the Coral Baytownship.

The agreement provided for extensivebenefits to Baiyungu People which will flowthrough to Gnulli People and the broaderCoral Bay community.

However the State still had to clear native titlematters in relation to Coral Bay with the Gnulliclaim group.After ensuring that the agreementprovided for the proper levels of heritageprotection, the Gnulli working group endorsedthe agreement between BAC and the StateGovernment.

MALGANA PEOPLE AND LANDCORPMarch 2006

The Malgana People reached agreement withthe State Government agency, LandCorp, toallow a new residential land release ofapproximately 16 hectares in Denham - a townmade famous because of its close proximity toMonkey Mia and its dophins.

The agreement was reached in six months andnegotiations were characterised by good-willand a positive approach by all parties.

The deal includes an option for the traditionalowners to purchase some of the residentiallots as well as payment of a small percentage ofthe land sales.

Malgana and LandCorp have also agreed to anongoing process of consultation in relation toheritage and environmental matters.

AMANGU PEOPLE AND ARC ENERGY

February 2006

A heritage protection agreement wasnegotiated between Amangu and Arc Energycovering a number of tenements.An ancillaryagreement was also reached, providing for thepayment of costs associated with establishingthe Amangu Trust and the Amangu Association.The company has also agreed to ongoingconsideration of funding further social justiceproposals.

THE NJAMAL AND PALYKU PEOPLEWITH WEDGETAIL EXPLORATION

November 2005

Wedgetail Exploration NL signed miningagreements with both Njamal and Palyku.Theagreements concern a proposed goldmine inthe southeast Pilbara.The deals entail a rangeof provisions, including compensation duringthe life of the project and a commitment bythe company to employment and traininginitiatives for traditional owners.

WAJARRI YAMATJI AND MIDWESTCORPORATION

April 2006

The agreement is among the mostcomprehensive exploration agreementpackages ever reached. It covers explorationfor iron ore in the Weld Ranges, located in theMidwest region of Western Australia.

The agreement requires considerablesensitivity and understanding on behalf of thecompany because the Weld Ranges is an areaof exceptional cultural significance for thetraditional owners. It addresses the concernsand considerations of Wajarri People toensure the highest level of protection for theircountry.The company has also agreed tospecial conditions to ensure that explorationwill be undertaken in close consultation withtraditional owners.

Midwest has agreed to exclusion zones forculturally sensitive areas of the Weld Ranges,including Wilgie Mia, which will be overseen bya monitoring and liaison committee and aliaison officer, funded by the company.

The agreement also allows traditional ownersto continue to have access to the area, withconsideration always being given to issues ofsafety; the group will also be able to maintainits practice of removing ochre from Wilgie Mia.

A series of dedicated funding provisions wereagreed, including training and educationstrategies, as well as a share issue, which willprovide the Wajarri Yamatji group with someequity in the company.


Wajarri traditional owners reach agreement with Midwest Corporation .Picture by Linda Back.

The agreements also include an undertakingby the company to environmental andheritage protection and give the project thepotential to expand its exploration andproduction.

AMANGU AND NAAGUJA PEOPLEWITH MOUNT GIBSON IRON

November 2005

Agreements were reached with both theNaaguja and Amangu claims and MountGibson Iron in relation to a new pipeline tobe constructed by the company to transportiron ore slurry from it operations nearMount Magnet to the port in Geraldton.

While native title is largely extinguished inthe areas affected, successful negotiations bythe claim groups have resulted in stronginterests-based agreements.

Both agreements include compensation,employment, scholarships and heritageprotection, with additional features such assupport for existing enterprises in the form of in-kind assistance and targeted resources.

THE KARIYARRA, NYIYAPARLI ANDPALYKU PEOPLE AND FORTESCUEMETALS GROUP

October 2005

Fortescue signed land access agreementswith each of the three claim groups in whichthe company received native title consentsconcerning its iron-ore mining project.Theseagreements mean ‘whole of claim’ landaccess for FMG has been reached over thearea within the three claims and allow thecompany to have limited areas of freeholdwithin the claim areas that will be used foraccommodation for its staff and contractors.

The deals create immediate and life-of-project benefits for the traditional owners,including financial compensation for thegroups.

WAJARRI ELDERS ANDMURCHISON MINING

September 2005

An agreement was signed between theWajarri Elders and Murchison Mining over asmall gold mining operation near Cue.Whilethe scale of the project is not large, theagreement marks a new record in terms ofroyalty payments for gold mining operations.

KARIYARRA PEOPLE ANDLANDCORP

August 2005

The native title agreement concerns a newbeach-front residential land release in PortHedland.The deal includes an option for thetraditional owners to purchase some of theresidential lots as well as payment of a smallpercentage of the land sales.

Kariyarra and LandCorp have also agreed to an ongoing process of consultation, whichincludes agreement to provide professionaltown planning advice for Kariyarra tominimise the impact of the development on the environment and Aboriginal heritage.


Agreement Making (Cont.)

WAJARRI ELDERS AND THENGOONOORU WADJARI PEOPLEWITH MURCHISON METALS

August 2005

This mining agreement was reached within twomonths, a record-breaking period for a majormining agreement.

The deal, which concerns an iron ore mine inthe Jackhills area of the Murchison, provides arange of outcomes for the traditional owners,including compensation, extensive heritageprotection, employment and new businessopportunities. One such outcome is theemployment of a permanent liaison officerfrom among the Wajarri people to work withthe monitoring committee to ensure properimplementation of the agreement.

The agreement is the first stage in a majorproject which will incorporate a railway acrossthe Murchison to transport the ore and a newport at Oakajee for its shipping.


Native title representative bodies arerequired to provide a process for native titleparties to seek the review of any decisiontaken by the NTRB that may affect them,according to Section 203BI of the NTA.The same section also requires an NTRB to publicise the availability of such processes.

YMBBMAC passed the reporting periodwithout call to perform its internal reviewfunction. Only new applicants for assistancewere specifically advised of the availability of the internal review process. Existingrecipients of assistance were advised inwriting of the availability of this process at the time of their application.

COMPLAINTS

YMBBMAC attracted one complaint in2005/06.The organisation investigated thecomplaint and took a number of steps inresponse. At the time of reporting, thesituation had been largely redressed, thoughfurther measures may be necessary, pendingthe outcome of required policy reviews.

Internal Review

Jupala (Dales Gorge). Image courtesy of Robert Gordon Photography.

YMBBMAC must, under the Native Title Act,do all that it can to ensure that it performs itsfunctions as an NTRB. In addition to thosefunctions outlined in previous chapters, thisincludes:• Consulting with Aboriginal communities

which might be affected by the matterswith which the NTRB is dealing.

• Co-operating with other NTRBs for thepurpose of promoting the effective andefficient exercise of the functions andpowers of NTRBs.

• Promoting an understanding about mattersrelevant to the operation of the NTA.

YMBBMAC met all these obligations during the course of the previous reporting period.

SUBMISSIONS

YMBBMAC provided evidence to twoCommonwealth parliamentary inquiry publichearings during this period.They were:

• House Standing Committee on Aboriginaland Torres Strait Islander Affairs Inquiry intoIndigenous Employment; Perth publichearing Friday, October 28, 2005.

• Joint Statutory Committee on Native Titleand the Aboriginal and Torres Strait IslanderLand Account Inquiry into Native TitleRepresentative Bodies; Perth public hearingTuesday, July 19, 2005. (See page 11 for asummary of the committee’s findings andrecommendations, published in March 2006.)

YMBBMAC also provided a response to theState Government review into theDepartment of Indigenous Affairs in May 2006.

MINISTERIAL DIRECTIONS

No Ministerial Directions were receivedunder the Commonwealth Authorities andCompanies Act.

REVIEW BY OUTSIDE BODIES

There were no reviews by outside bodies inthe reporting period.

JUDICIAL/TRIBUNAL DECISIONS

There were no judicial decisions or decisionsof administrative tribunals concerningYMBBMAC in the 2005/06 period.

EVALUATIONS/AUDIT REPORTS

In March 2006, Fortescue Metals Groupsought a review of YMBBMAC, providing abriefing of its complaints and concerns aboutthe land council to the Minister for Families,Community Services and Indigenous Affairsand the Office of Indigenous Policy Co-ordination. In response, OIPC undertook a review of YMBBMAC in relation to theallegations made by the company. This reviewwas conducted, in consultation withYMBBMAC and FMG, by Philip Hunter, apartner of Ebsworth & Ebsworth Lawyers. InMay 2006, Philip Hunter provided a report ofhis findings and recommendations to OIPC inwhich YMBBMAC was largely exonerated fromthe accusations levelled at YMBBMAC by FMG.

ENFORCEMENT PROCEEDINGS

YMBBMAC has commenced legalproceedings in relation to securing access todocuments held by the Pilbara AboriginalLand Council, formerly the NTRB for thePilbara region.

The documents for which access is soughtrelate to future act notifications and claimant orcompensation applications for which claimantshave requested YMBBMAC’s assistance. Claimsfor which access to documents are requestedinclude Kariyarra, Ngarla, Nyangumarta,Nyiyaparli, MIB and Palyku.

Pursuant to section 203FC(1) of the NativeTitle Act, the Minister for Families, CommunityServices and Indigenous Affairs issued directionsin April requiring PALC to allow access to, or toprovide copies of, the documents outlined inSchedule 2 of the directions to YMBBMAC.

Under clauses 4 and 8 of the directions, PALCwas given six weeks from 12 April 2006 toeither:1. Provide access to the documents to

YMBBMAC as defined in the Schedule; or2. Undertake in writing to the minister to

allow an independent person to haveaccess to the documents in accordancewith the optional protocol to thedirections.

Should PALC fail to comply with these ordersby 24 May 2006,YMBBMAC was givenpermission to commence an application withthe Federal Court seeking enforcement ofthe directions under Order 78 rule 14 of theFederal Court Rules in July 2006.

Other Functions


Financial Report for the Year Ended 30 June 2006

ContentsAUDIT REPORT 84

STATEMENT BY GOVERNING COMMITTEE,EXECUTIVE DIRECTOR AND CHIEF FINANCIAL OFFICE 86

INCOME STATEMENT 87

BALANCE SHEET 88

STATEMENT OF CASH FLOWS 89

STATEMENT OF CHANGES IN EQUITY 90

SCHEDULE OF COMMITMENTS 90

NOTES TO THE FINANCIAL STATEMENTS 91


Independent Audit Report





Statement By Governing Committee,Executive Director And Chief Financial Officer

In our opinion, the attached financial statements for the year ended 30 June 2006 are based onproperly maintained financial records and give a true and fair view of the matters required by theFinance Minister’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 YamatjiMarlpa Barna Baba Maaja Aboriginal Corporation will be able to pay its debts as and when theybecome due and payable.

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

Wayne WarnerChairpersonYamatji RegionalCommittee

22 Sept 2006

Neil FinlayChairpersonPilbara RegionalCouncil

22 Sept 2006

Simon HawkinsExecutive Director

22 Sept 2006

Stan StylianouChief Financial Officer

22 Sept 2006


Income StatementFor the year ended 30 June 2006

Consolidated NTRB Activities

Notes 2006 2005 2006 2005 $ $ $ $

REVENUERevenues from ordinary activitiesRevenue from Commonwealth Government 6,380,106 5,895,821 6,380,106 5,895,821

Revenue from services 5A 5,287,141 3,936,077 1,590,856 1,635,564

Interest 5B 110,934 107,305 82,326 107,305

Revenue from sale of assets 5C 63,636 51,418 63,636 51,418

Other 5D 597,679 1,743,829 212,048 1,391,986

Revenues from ordinary activities 12,439,496 11,734,450 8,328,972 9,082,094

EXPENSEExpenses from ordinary activities(excluding costs expense)

Employees 6A 4,411,804 4,478,726 3,961,632 4,202,734

Insurance expense 54,340 70,032 48,655 64,639

Office supplies expense 203,726 215,599 197,119 214,469

Travel & meeting costs 1,012,155 1,243,153 982,781 1,231,516

Motor vehicle expenses 295,370 305,965 283,926 303,141

Contractors & consultant fees 3,425,903 2,501,611 571,665 905,944

Impairment expense 6C 98,568 - 97,147 -

Lease expenses 281,980 210,514 279,530 210,334

Long service leave expense 6A 32,013 62,586 21,320 62,586

Depreciation and amortisation 6B 416,649 295,010 407,400 295,010

Value of assets sold 5C 85,048 57,507 85,048 57,507

Cost recovery expenses 1,355,026 1,110,282 846,774 571,975

Payroll and support costs 217,689 368,781 201,963 365,769

Telephone 168,854 240,665 157,860 225,462

Ancillary costs, fees and provisions 206,929 372,231 186,152 371,008

Expenses from ordinary activities 12,266,055 11,532,662 8,328,972 9,082,094

Operating surplus from ordinary activities 173,442 201,788 - -

Net credit to asset revaluation reserve - 26,480 - 26,480

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

Total changes in equity other than thoseresulting from transactions with owners asowners attributable to the members of YamatjiMarlpa Barna Baba Maaja Aboriginal Corporation 173,442 228,268 - 26,480

The above statement should be read in conjunction with the accompanying notes.



Balance SheetAs at 30 June 2006 Consolidated NTRB Activities

Notes 2006 2005 2006 2005 $ $ $ $

ASSETSFinancial assettsCash and cash equivalents 7A 1,883,001 1,614,783 1,017,272 1,038,703

Receivables 7B 1,492,874 934,076 467,234 608,161

Investments 7C 107,000 107,000 107,000 107,000

Total financial assets 3,482,875 2,655,859 1,591,506 1,753,864

Non-financial assets

Land and buildings 8A 731,139 739,848 731,139 739,848

Plant and equipment 8B 919,206 1,114,052 880,488 1,077,677

Other non-financial assets 8D 49,263 - 49,263 -

Total non-financial assets 1,699,608 1,853,900 1,660,890 1,817,525

TOTAL ASSETS 5,182,483 4,509,759 3,252,396 3,571,389

LIABILITIESProvisions

Employees 9A 618,190 603,535 523,155 579,587

Other provisions 9B 13,828 8,002 13,828 8,002

Total provisions 632,018 611,537 536,983 587,589

Payables

Suppliers 10 887,444 814,116 431,126 661,968

Unexpended grants 11 320,811 237,090 150,021 237,090

Income received in advance 644,069 159,987 310,023 96,283

Accruals 12 191,504 353,834 186,136 350,352

Total payables 2,043,828 1,565,027 1,077,306 1,345,693

Total liabilities 2,675,846 2,176,564 1,614,289 1,933,282

NET ASSETS 2,506,637 2,333,195 1,638,107 1,638,107

EQUITYRevaluation reserve 26,480 26,480 26,480 26,480

Retained surplus 13 2,480,157 2,306,715 1,611,627 1,611,627

Total equity 13 2,506,637 2,333,195 1,638,107 1,638,107

Current assets 3,532,138 2,655,859 1,640,769 1,753,864

Non-current assets 1,650,345 1,853,900 1,611,627 1,817,525

Current liabilities 2,604,998 2,042,057 1,561,289 1,798,775

Non-current liabilities 70,849 134,507 53,000 134,507



Statement of Cash FlowsFor the year ended 30 June 2006


Notes 2006 2005 2006 2005 $ $ $ $

OPERATING ACTIVITIES

Cash Received

Receipts from government 7,018,116 6,302,417 7,018,116 6,302,417

Receipts from customers 6,387,622 6,424,027 2,369,834 3,855,578

Interest 110,934 101,110 82,326 101,110

Total Cash Received 13,516,672 12,827,554 9,470,276 10,259,105

Cash Used

Payments to suppliers 7,612,172 6,776,051 4,578,406 4,558,240

Payments to employees 4,424,435 4,432,658 4,038,407 4,360,073

GST paid to ATO 845,466 654,609 508,513 506,273

Total Cash Used 12,882,073 11,863,318 9,125,326 9,424,586

NET CASH FROM OPERATING ACTIVITIES 14 634,599 964,236 344,950 834,519

INVESTING ACTIVITIES

Cash Received

Proceeds from sales of property, plant and equipment 70,000 56,560 70,000 56,560

Total Cash Received 70,000 56,560 70,000 56,560

Cash Used

Purchase of property, plant and equipment 436,381 1,193,807 436,381 1,193,807

Total Cash Used 436,381 1,193,807 436,381 1,193,807

NET CASH USED BY INVESTING ACTIVITIES (366,381) (1,137,247) (366,381) (1,137,247)

Net increase / (Decrease) in cash held 268,218 (173,011) (21,431) (302,728)

Cash at the beginning of the reporting period 1,721,783 1,894,794 1,145,703 1,448,431

Cash at the end of the reporting period 1,990,001 1,721,783 1,124,272 1,145,703




Statement of Changes in EquityFor the year ended 30 June 2006


Notes 2006 2005 2006 2005 $ $ $ $

OPENING BALANCE 2,333,195 2,104,926 1,638,107 1,611,627

Income and expenseRevaluation adjustment - 26,480 - 26,480

Sub total income and expensesrecognised directly into equity - 26,480 - 26,480

Net operating results 173,442 201,789 - -

Total income and expenses 173,442 228,269 - 26,480

CLOSING BALANCE AS AT 30 JUNE 2,506,637 2,333,195 1,638,107 1,638,107

Schedule of CommitmentsAs at 30 June 2006 Consolidated NTRB Activities

Notes 2006 2005 2006 2005 $ $ $ $

BY TYPE

Other Commitments

Operating leases 2

Total Other Commitments 993,546 983,206 939,017 983,206

Net Commitments by Type 993,546 983,206 939,017 983,206

BY MATURITY

Operating Lease Commitments

One year or less 412,932 349,868 391,468 349,868

From one to five years 580,613 633,338 547,549 633,338

Over five years - -

Total Operating Lease Commitments 993,546 983,206 939,017 983,206

NET COMMITMENTS BY MATURITY 993,546 983,206 939,017 983,206

The above statement should be read in conjunction with the accompanying notes.NB: Commitments are GST inclusive where relevant

Notes to the Financial Statements

The financial statements cover Yamatji MarlpaBarna Baba Maaja Aboriginal Corporation as anindividual entity. YMBBMAC is an associationincorporated under the Aboriginal Councils andAssociations Act.To comply with Native Title Act1993 all activities relating to the NTRB arereported separately in the financial statements.

NOTE 1 Summary of SignificantAccounting Policies

1.1 Basis of Accounting

The financial statements are required byclause 1(b) of Schedule 1 to theCommonwealth Authorities and CompaniesAct and are a general purpose financialreport.

The statements have been prepared inaccordance with:

• Finance Minister’s Orders [being theFinancial Management andAccountability Orders (financialstatements for reporting periodsending on or after 1 July 2005)];

• Australian Accounting Standardsissued by the Australian AccountingStandards Board that apply for theaccounting period; and

• Interpretations issued by the AASB andUrgent Issues Group that apply for thereporting period.

The Income Statement, Balance Sheet andStatement of Changes in Equity have beenprepared on an accrual basis and are inaccordance with historical cost convention,except for certain assets, which, as noted,are at valuation. Except where stated, noallowance is made for the effect ofchanging prices on the results or thefinancial position.

Assets and liabilities are recognised in theBalance Sheet when and only when it isprobable that future economic benefits willflow and the amounts of the assets orliabilities can be reliably measured. Assetsand liabilities arising under agreements

equally proportionately unperformed arehowever not recognised unless required byan accounting standard. Liabilities andassets that are unrecognised are reportedin the Schedule of Commitments.

Revenues and expenses are recognised inthe Income Statement when and onlywhen the flow or consumption or loss ofeconomic benefits has occurred and can bereliably measured.

This is the first financial report to beprepared under Australian Equivalents toInternational Financial Reporting Standardsand comparatives for the year ended 30June 2005 have been restated accordingly.There are no adjustments required to theassociation at 30 June 2005, or at openingaccumulated funds at 1 July 2004, arisingfrom the application of AEIFRS to theassociation.

1.2 Statement of Compliance

The financial report complies withAustralian Accounting Standards, whichinclude Australian Equivalents toInternational Financial Reporting Standards.Compliance with AEIFRS ensures that thefinancial report, comprising the financialstatements and notes thereto, complieswith International Financial ReportingStandards.

This is the first financial report preparedbased on AEIFRS and comparatives for theyear ended 30 June 2005. The equity andprofit for year ended 30 June 2005, asreported in the financial report for the yearended 30 June 2005, does not require anychanges to comply with AEIFRS.The cashflow statement presented under previousAGAAP is equivalent to that preparedunder AEIFRS.

Australian Accounting Standards that havebeen recently issued or amended but arenot yet effective have not been adoptedfor the annual reporting period ending 30June 2006.The greater function of theimpact, if any, is not known or reasonablyestimatable in the current financial year.


Notes To and Forming Part of the Financial Statements




AASB Amendment Affected Standards Application dateof standard

Application datefor association

Amendment toAASB 119

AASB 119: EmployeeBenefits

1 January 2006 1 July 2006

2005-1 AASB 139: FinancialInstruments:Recognition andmeasurement


2005-4 AASB 139: FinancialInstruments:Recognition andMeasurement AASB 132: FinancialInstruments:Disclosure andPresentationAASB 1: First-timeadoption of AEIFRSAASB 1023: GeneralInsurance ContractsAASB 1038: LifeInsurance Contracts


2005-5 AASB 1: First-timeadoption of AEIFRSAASB 139: FinancialInstruments:Recognition andMeasurement



AASB Amendment Affected Standards Application Dateof Standard

Application Datefor Association

2005-10 AASB 132: FinancialInstruments:Disclosure andPresentation, AASB101: Presentation ofFinancial StatementsAASB114: SegmentReportingAASB 117: LeasesAASB 133: Earningsper ShareAASB 139: FinancialInstruments:Recognition andMeasurementAASB 1: First-timeadoption of AEIFRSAASB 4: InsuranceContracts, AASB1023: GeneralInsurance ContractsAASB 1038: LifeInsurance Contracts


New Standard AASB 7: FinancialInstruments:Disclosures


AASB Amendment Affected Standards

2005-2 AASB 1023: General Insurance Contracts

2005-6 AASB 3: Business Combinations

2005-9 AASB 4: Insurance Contracts,AASB 1023: General Insurance ContractsAASB 139: Financial Instruments: Recognition and MeasurementAASB 132: Financial Instruments: Disclosure and Presentation

2005-12 AASB 1038: Life Insurance Contracts and AASB1023: GeneralInsurance Contracts

2005-13 AAS: Financial Reporting by Superannuation Plans

The following amendments are not applicable to the Association and therefore have no impact:



1.3 Revenue

Revenue from the rendering of a service isrecognised by reference to the stage ofcompletion of the contract to provide theservice at the reporting date.The revenueis recognised when:

• The amount of revenue, stage ofcompletion and transaction costsincurred can be reliably measured: and

• The probable economic benefits withthe transaction will flow to the entity.

The stage of completion is determinedaccording to the proportion that costsincurred to date bear to the estimatedtotal costs of the transaction.

Receivables for services are recognisedat the nominal amounts due less anyprovision for bad and doubtful debts.Collectability of debts is reviewed atbalance date. Provisions are madewhen collectability of the debt is nolonger probable.

Revenue from disposal of non-currentassets is recognised when control of theasset has passed to the buyer.

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

Revenue from grants received fromgovernment funding organisations isrecognised when received, and is deferredas a liability to the extent that unspentgrants are required to be repaid to thefunding organisation.

1.4 Employee Benefits

Benefits

Liabilities for services rendered byemployees are recognised at the reportingdate to the extent that they have notbeen settled.

Liabilities for wages and salaries (includingnon-monetary benefits), annual leave andsick leave are measured at their nominalamounts. Other employee benefits

expected to be settled within 12 monthsof the reporting date are also measured attheir nominal amounts.

The nominal amount is calculated withregard to the rates expected to be paidon settlement of the liability.

All other employee benefit liabilities aremeasured as the present value of theestimated future cash outflows to be madein respect of services provided byemployees up to the reporting date.

Leave

The liability for employee benefits includesprovision for annual leave and long serviceleave. No provision has been made forsick leave as all sick leave is non-vestingand the average sick leave taken in futureyears by employees of YMBBMAC isestimated to be less than the annualentitlement for sick leave.

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

The liability for long service leave has beendetermined by reference to the work ofan actuary as at 30 June 2006. Theestimate of the present value of the liabilitytakes into account attrition rates and payincreases through promotion and inflation.

Superannuation

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

1.5 Grants

Most grant agreements requireYMBBMAC to perform services, providefacilities or meet eligibility criteria. In thesecases,YMBBMAC recognises grantliabilities only to the extent that theservices required have not beenperformed or the eligibility criteria havenot been satisfied by YMBBMAC.


In cases where grant agreements aremade without conditions to bemonitored, liabilities are recognised onsigning the agreement.

Grants relating to the purchase ofproperty plant and equipment would berecognised at its fair value and treated asan asset and as income when theassociation gains control of thecontribution.This is in accordance with thetreatment of grants under AASB 1004 ofthe Australian Accounting Standards. Notfor profit entities are still required tocomply with AASB under IFRS and,therefore, there is no change on thetreatment of grants on adoption of IFRS.

1.6 Cash and cash equivalents

Cash means notes and coins held and anydeposits held at call with a bank orfinancial institution. Cash is recognised atits nominal amount. Interest is credited torevenue as it accrues.

1.7 Other Financial Assets

Term deposits are recognised at cost.

1.8 Leases

YMBBMAC has entered into commercialleases on certain motor vehicles where itis not in the best interest of the associationto purchase these assets. Leases where thelessor effectively retains substantially all therisks and rewards incidental to ownershipof assets are classified as operating leases.

Operating lease payments are expensedon a straight line basis over the lease termwhich is representative of the pattern ofbenefits derived from the leased assets.

1.9 Financial Risk Management

YMBBMAC’s activities expose it tonormal commercial financial risk. As aresult of the nature of YMBBMAC ‘sbusiness and internal and AustralianGovernment policies, dealing with themanagement of financial risk,YMBBMAC ‘sexposure to market, credit, liquidity andcash flow and fair value interest rate riskis considered to be low.

1.10 Derecognition of Financial Assetsand Liabilities

As prescribed in the Finance Minister’sOrders,YMBBMAC has applied theoption available under AASB1 of adoptingAASB 132 and 139 from 1 July 2005rather than 1 July 2004.

Financial assets are derecognised whenthe contractual rights to the cash flowsfrom the financial assets expire or theasset is transferred to another entity. Inthe case of a transfer to another entity, itis necessary that the risks and rewards ofownership are also transferred.

Financial liabilities are derecognised whenthe obligation under the contract isdischarged, cancelled or expires.

For the comparative year, financial assetswere derecognised when the contractualright to receive cash no longer existed.Financial liabilities were derecognisedwhen the contractual obligation to paycash no longer existed.

1.11 Impairment of Financial Assets

If there is objective evidence that animpairment has been incurred forreceivables, the amount of the loss ismeasured as the difference between theasset’s carrying amount and the presentvalue of estimated cash flows discountedat the asset’s original effective interestrate.The carrying amount is reduced byway of an allowance account.The loss isrecognised in profit and loss.

Comparative Year

The above policy was not applied for thecomparative year. For receivables,amounts were recognised and carried atoriginal invoice amount less a provisionfor doubtful debts based on an estimatemade when collection of the full amountwas no longer probable. Bad debts werewritten off as incurred.




1.12 Other Financial Liabilities

Trade creditors and accruals arerecognised at their nominal amounts,being the amounts at which the liabilitieswill be settled. Liabilities are recognisedto the extent that the goods or serviceshave been received (and irrespective ofhaving been invoiced).

1.13 Acquisition of Assets

Assets are recorded at cost onacquisition except as stated below.Thecost of acquisition includes the fair valueof assets transferred in exchange andliabilities undertaken.

1.14 Property (Land, Buildings andInfrastructure), Plant and Equipment

Revaluations

Basis

Land, buildings and infrastructure arecarried at valuation, being revaluedannually with sufficient frequency suchthat the carrying amount of each assetclass is not materially different, as atreporting date, from its fair value.Valuations undertaken in any year are asat 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

Plant and Market selling priceequipment

Land and building assets are subject to aformal valuation every three years.Formal valuations are carried out by anindependent qualified valuer.

Land and buildings are measured at faircost less accumulated depreciation.

Plant and equipment is stated at cost lessaccumulated depreciation and anyimpairment in value.

Revaluation adjustments are made on aclass basis. Any revaluation increment iscredited to equity under the heading ofasset revaluation except to the extentthat it reverses a previous revaluation

Depreciation

Depreciable property plant andequipment assets are written-off to theirestimated residual values over theirestimated useful lives to YMBBMACusing, in all cases, the diminishing balancemethod of depreciation.

Depreciation rates (useful lives) andmethods are reviewed at each reportingdate and necessary adjustments arerecognised in the current, or current andfuture reporting periods, as appropriate.Residual values are re-estimated for achange in prices only when assets arerevalued.

Annual depreciation rates applying toeach class of depreciable asset are asfollows:

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 duringthe reporting period is disclosed inNote 6B.

Impairment

All assets were assessed for impairmentat 30 June 2006.Where indications ofimpairment exists, the asset’s recoverableamount is estimated and an impairmentadjustment made if the asset’srecoverable amount is less than itscarrying amount.


The recoverable amount of an asset isthe higher of its fair value less costs to sell and its value in use.Value in use is the present value of the future cash flowsexpected to be derived from the asset.Where the economic benefit of an assetis not primarily dependent on the asset’sability to generate cash flows, the assetwould be replaced if the association were deprived of the asset; its value in use is taken to be its depreciatedreplacement cost.

Treatment of Capital Grants

Grants relating to the purchase ofproperty, plant and equipment would berecognised at its fair value and treated asan asset and as income when theassociation gains control of thecontribution. This is in accordance withthe treatment of grants under AASB1004 of the Australian accountingstandards. Not for profit entities are stillrequired to comply with AASB 1004under AEIFRS and, therefore, there is nochange to the treatment of grants on theadoption of AEIFRS.

Decommissioning, Restorationand Make-Good

When assessing accommodation leases forthe preparation of the opening balancesheet, no obligations under the leases formake-good were determined.

In relation to non-financial assets,YMBBMAC has assessed at the reportingdate that there is no obligation fordecommissioning, restoration or makegood.

1.15 Taxation

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

Revenues, expenses and assets arerecognised net of GST:

• Except where the amount of GSTincurred is not recoverable from theAustralian Taxation Office; and

• Except for receivables and payables.

1.16 Comparatives

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

Nature of Lease General Description of Leasing Arrangement

Leases for officeaccommodation.

Lease payments are subject to annual increases in accordancewith upwards movements in the Consumer Price Index.Four premises’ initial leases are still current and three may berenewed from one to three years at YMBBMAC’s option.One premises is on a periodic basis.

Agreements forthe provision ofmotor vehicles tosenior officers.

No contingent rentals exist.

Annual Report 2006 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation 97

NOTE 2: Operating LeasesOperating leases included are effectively non – cancellable and comprise:



NOTE 3: Economic Dependency

Yamatji Marlpa Barna Baba Maaja AboriginalCorporation is an association incorporatedunder the Aboriginal Councils and Associations Act.

YMBBMAC is dependent on funding fromthe Commonwealth of Australia for itscontinued existence and ability to carryout its normal activities.

NOTE 4: Events OccurringAfter Reporting Date

YMBBMAC have received confirmationfrom the Commonwealth of Australiaof the provision of funding for the2006/7 financial year.



Notes 2006 2005 2006 2005 $ $ $ $

NOTE 5A REVENUE FROM SERVICES

Rendering of services to:

External entities 5,287,141 3,936,077 1,590,856 1,635,564

Total rendering of services 5,287,141 3,936,077 1,590,856 1,635,564

NOTE 5B: INTEREST REVENUE

Interest on deposits 110,934 107,305 82,326 107,305

Total interest revenue 110,934 107,305 82,326 107,305

NOTE 5C NET GAINS FROM SALE OF ASSETS

Plant and equipment:

Proceeds from disposal 63,636 51,418 63,636 51,418

Net book value of assets disposed (85,048) (57,507) (85,048) (57,507)

Total net loss from disposal of plant and equipment (21,412) (6,089) (21,412) (6,089)

NOTE 5D OTHER

Other grants:

Staffing 552,199 1,227,961 195,459 918,285

Expenses and capital 44,391 324,988 15,500 282,821

Other income 1,089 3,642 1,089 3,642

Provision for doubtful debts written back - - - -

Provision for GST written back - 78,882 - -

Provision for redundancy written back - 108,356 - 187,238

Total other 597,679 1,743,829 212,048 1,391,986

NOTE 5: Operating Revenues


NOTE 6: Operating Expenses Consolidated NTRB Activities

Notes 2006 2005 2006 2005 $ $ $ $

NOTE 6A: EMPLOYEE EXPENSES

Wages and salaries 3,861,341 3,860,852 3,463,148 3,606,224

Superannuation 325,191 318,044 285,803 299,727

Other employee benefits 225,272 299,830 212,680 296,783

Leave and other entitlements 32,013 62,586 21,320 62,586

Total employee expenses 4,443,817 4,541,312 3,982,951 4,265,320

NOTE 6B: DEPRECIATION AND AMORTISATION

Depreciation of property, plant and equipment 352,000 212,719 342,751 212,719

Amortisation of leasehold assets 64,649 82,291 64,649 82,291

Total depreciation and amortisation 416,649 295,010 407,400 295,010

Write offs 98,568 - 97,147 -

515,217 295,010 504,547 295,010

The aggregate amounts of depreciation or amortisationexpensed during the reporting period of each classof depreciable asset are as follows:

Buildings on freehold land 14,200 - 14,200 -

Leasehold improvements 64,649 82,291 64,649 82,291

Plant and equipment 184,945 138,401 183,880 138,401

Motor vehicles 152,855 74,318 144,671 74,318

Total depreciation and amortisation 461,649 295,010 407,400 295,010

NOTE 6C: WRITE DOWN AND IMPAIRMENT OF ASSETS

Write downs 98,568 - 97,147 -

Total write down and impairment of assets 98,568 - 97,147 -



NOTE 7: Financial Assets Consolidated NTRB Activities

Notes 2006 2005 2006 2005 $ $ $ $

NOTE 7A: CASH AND CASH EQUIVALENTS

Cash on hand 365 1,000 365 1,000

Cash at bank 1,882,636 1,613,783 1,016,907 1,037,703

Total cash and cash equivalents 1,883,001 1,614,783 1,017,272 1,038,703

Cash at bank earns interest at tieredinterest rates determined by the bank.

NOTE 7B : RECEIVABLES

Trade receivables 1,156,705 1,114,572 530,235 779,498

Less:Allowance for doubtful debts (261,119) (261,284) (170,584) (218,132)

895,586 853,288 359,651 561,366GST receivable 26,042 29,218 26,042 29,218

Income receivable 506,497 21,131 57,723 -

Other receivables 64,749 30,439 23,818 17,577

Total receivables (net) 1,492,874 934,076 467,234 608,161

All receivables are current assets.

Trade receivables are aged as follows:CurrentOverdue by:

Less than 30 days 565,931 667,045 239,285 548,049

30-60 days 88,372 100,325 52,160 63,576

60-90 days 54,698 67,718 15,795 -

More than 90 days 447,705 279,484 222,995 167,873

Total trade receivables (gross) 1,156,705 1,114,572 530,235 779,498

The allowance for doubtful debts is aged as follows:CurrentOverdue by:

Less than 30 days - - - -

30-60 days - - - -

60-90 days - - - -

More than 90 days 261,119 261,284 170,584 218,132

Total provision for doubtful debts 261,119 261,284 170,584 218,132

NOTE 7C : INVESTMENTS

Term deposits 107,000 107,000 107,000 107,000

Short term deposits are made with varying periods of between six and nine months depending on the immediate cash requirements of theassociation, and earn interest at the respective short term deposit rates.



NOTE 8: Non Financial Assets Consolidated NTRB Activities

Notes 2006 2005 2006 2005 $ $ $ $

NOTE 8A: LAND AND BUILDINGS

Freehold land

- fair value 195,000 195,000 195,000 195,000

Total freehold land 195,000 195,000 195,000 195,000

Buildings on freehold land

– at fair value 425,140 355,000 425,140 355,000

– Accumulated depreciation (14,200) - (14,200) -

Total buildings on freehold land 410,940 355,000 410,940 355,000

Leasehold improvements

– at fair value 324,085 324,085 324,085 324,085

– Accumulated depreciation (198,886) (134,237) (198,886) (134,237)

Total leasehold improvements 125,199 189,848 125,199 189,848

Total land and buildings (non-current) 731,139 739,848 731,139 739,848

NOTE 8B: PLANT AND EQUIPMENT

Plant and equipment

– at cost 1,829,410 1,830,258 1,733,437 1,747,298

– accumulated depreciation (823,420) (716,206) (767,586) (669,621)

– write downs (86,784) - (85,363) -

Total plant and equipment (non-current) 919,206 1,114,052 880,488 1,077,677

All revaluations are independent and are conducted in accordance with the revaluation policy stated at Note 1.9. In 2004-05, the revaluationswere conducted by an independent valuer W Kalajzich (LV44042).

Movement in Asset Revaluation Reserve

Increment for land - 26,480 - 26,480




Item Buildings Equipment Total Buildings Equipment Total $ $ $ $ $ $

As at 1 July 2005

Gross book value 874,085 1,830,261 2,704,346 874,085 1,747,301 2,621,386

Accumulated depreciation/amortisation (134,237) (716,209) (850,446) (134,237) (669,624) (803,861)

Opening Net Book Value 739,848 1,114,052 1,853,900 739,848 1,077,677 1,817,525

Additions

By purchase 70,140 326,570 396,710 70,140 313,556 383,696

Write down (86,784) (86,784) (85,363) (85,363)

Depreciation/amortisationexpense (78,849) (337,800) (416,649) (78,849) (328,551) (407,400)

Disposals

Disposals - (327,418) (327,418) - (327,418) (327,418)

As at 30 June 2006

Gross book value 944,225 1,829,410 2,773,635 944,225 1,733,436 2,677,661

Accumulated depreciation/amortisation and write down (213,086) (910,204) (1,123,290) (213,086) (852,948) (1,066,034)

Closing Net Book Value 731,139 919,206 1,650,345 731,139 880,488 1,611,627

ASSETS AT VALUATION

As at 30 June 2006

Gross value 944,225 1,829,410 2,773,635 944,225 1,733,436 2,677,661

Accumulated depreciation/amortisation (213,086) (910,204) (1,123,290) (213,086) (852,948) (1,066,034)

Closing Net Book Value 731,139 919,206 1,650,345 731,139 880,488 1,611,627

As at 30 June 2005

Gross value 874,085 1,830,261 2,704,346 874,085 1,747,301 2,621,386

Accumulated depreciation/amortisation (134,237) (716,209) (850,446) (134,237) (669,624) (803,861)

Closing Net Book Value 739,848 1,114,052 1,853,900 739,848 1,077,677 1,817,525

Notes To and Forming Part of the Financial StatementsNOTE 8C: RECONCILIATION OF THE OPENING AND CLOSING BALANCES OF PROPERTY, PLANT AND EQUIPMENT


Notes 2006 2005 2006 2005 $ $ $ $

NOTE 8D: OTHER NON-FINANCIAL ASSETS

Prepayments 49,263 - 49,263 -

All other non-financial assets are current assets.


NOTE 9: Provisions Consolidated NTRB Activities

Notes 2006 2005 2006 2005 $ $ $ $

NOTE 9A: EMPLOYEE PROVISIONS

Salaries and wages 17,314 24,912 15,243 24,126

Leave 600,876 578,623 507,912 555,461

Total employee provisions 618,190 603,535 523,155 579,587

Current 547,341 469,028 470,155 445,080

Non-current 70,849 134,507 53,000 134,507

618,190 603,535 523,155 579,587

NOTE 9B: OTHER PROVISIONS

Provision for audit fees 13,828 8,002 13,828 8,002

13,828 8,002 13,828 8,002

NOTE 10: Suppliers

Trade creditors 870,178 799,514 416,296 647,366

Operating lease rentals 17,266 14,602 14,830 14,602

Total supplier payables 887,444 814,116 431,126 661,968

All suppliers are current and settlement is usually made net 30 days.

NOTE 11: Unexpended Grant

Unexpended grant carried forward 320,811 237,090 150,021 237,090

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

NOTE 12: Other Payables

Accrued wages/superannuation 45,765 41,039 40,397 39,421

General accruals 145,739 312,795 145,739 310,931

Total accruals 191,504 353,834 186,136 350,352

NOTE 13: Equity

Analysis of Equity

Accumulated surplus as at 1 July 2,306,715 2,104,926 1,611,627 1,611,627

Surplus from ordinary activities 173,442 201,789 - -

Accumulated surplus as at 30 June 2,480,157 2,306,715 1,611,627 1,611,627

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

Total equity as at 30 June 2,506,637 2,333,195 1,638,107 1,638,107




NOTE 14: Cash Flow Reconcilliation Consolidated NTRB Activities

Notes 2006 2005 2006 2005 $ $ $ $

NOTE 14: RECONCILIATION OF OPERATING SURPLUSTO NET CASH FROM OPERATING ACTIVITIES

Operating surplus 173,442 201,788 - -

Non-Cash Items

Depreciation and amortisation 416,649 295,010 407,400 295,010

Net write down of non-financial assets 98,568 - 97,147 0

Loss on disposal of assets 21,411 6,089 21,411 6,089

Loss on asset transfer - 27,681 - 27,681

Changes in Assets and Liabilities

(Increase) / decrease in receivables (558,798) 130,205 140,927 176,907

(Increase) / decrease in prepayments (49,263) - (49,263) -

Increase / (decrease) in employee provisions 22,253 (6,923) (47,550) (30,085)

Increase / (decrease) in supplier payables (90,775) 288,247 (398,114) 288,247

Increase / (decrease) in grants payable 83,721 (159,389) (87,069) (159,389)

Increase / (decrease) in income in advance 484,083 78,142 213,740 96,283

Increase / (decrease) in GST payable 33,307 103,386 46,321 133,776

Net cash from / (used by) operating activities 634,599 964,236 344,950 834,519

NOTE 15: Renumeration of OfficersThe number of officers who received or were due toreceive total remuneration of $100,000 or more:

$130,000 - $144,999 1 1 1 1

$145,000 - $159,999 - - - -

$160,000 - $174,999 1 - 1 -

Total 2 1 2 1

The aggregate amount of total remuneration of officers shown above. 295,895 139,196 295,895 139,196


Fixed InterestFinancial Floating Interest Rate Maturing in Non-Interest Total WeightedInstrument Rate One year or less Bearing Average

2006 2005 2006 2005 2006 2005 2006 2005 2006 2005$ $ $ $ $ $ $ $

Financial Assets

Cash on hand - - - - 365 1,000 365 1,000

Deposits at call 231,618 295,945 - - - - 231,618 295,945 5.00% 5.00%

Receivables for services (gross) - - - - 1,156,705 1,114,572 1,156,705 1,114,572

Other - - - - 597,288 80,788 597,288 80,788

Term deposit - - 1,758,018 1,424,838 - - 1,758,018 1,424,838 5.52% 5.30%

Total 231,618 295,945 1,758,018 1,424,838 1,754,358 1,196,359 3,743,994 2,917,142

Total assets 5,182,483 4,509,759

Financial Liabilities

Trade creditors - - - - 887,444 814,116 887,444 814,116 n/a n/a

Grants payable - - - - 320,811 237,090 320,811 237,090 n/a n/a

Other payables - - - - 835,573 513,821 835,573 513,821 n/a n/a

Total - - - - 2,043,828 1,565,027 2,043,828 1,565,027

Total liabilities 2,675,846 2,176,564

NOTE 16: Financial InstrumentsNOTE 16A: INTEREST RATE RISK

Financial Assets

The net fair values of cash, deposits on call and non-interest-bearing monetary financial assetsapproximate their carrying amounts.

The net fair values of the term deposits are based on discounted cash flows using currentinterest rates for assets with similar risk profiles.

Financial Liabilities

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

NOTE 17B: CREDIT RISK EXPOSURES

The maximum exposures to credit risk at reporting date in relation to each class of recognisedfinancial assets is the carrying amount of those assets as indicated in the Statement of FinancialPosition.The association has no significant exposures to any concentrations of credit risk.



Notes To and Forming Part of the Financial StatementsNOTE 17: Renumeration of Auditors

2006 2005 $ $

The fair value of services provided was:

Audit services 26,539 18,510

Other services - -

26,539 18,510

NOTE 18: Average Staffing Levels2006 2005

The average staffing levels for the entity during the year were: 79 76

NOTE 19: Contingent Liabilities and Assets

Unquantifiable Contingencies

A writ was issued on 16 August 2005 and 19 August 2005 by Fortescue Metals Group on the organisation for defamation.YMBBMAC hassought advice, denied liability and in conjunction with its insurers a settlement position is being negotiated. It is not possible to estimate theamounts of any eventual payments that may be required in relation to this matter.

NOTE 20: Reporting of Outcomes

Combined Outcomes of YMBBMAC

Price of NTRB Outputs ACTUAL 2004-05 ACTUAL 2005-06 BUDGET 2005-06 VARIANCE 2005-06

$ $ $ $

Output Group 1. Facilitation & Assistance 4,747,587 - - -

Output Group 2. Certification 48,419 - - -

Output Group 3. Dispute Resolution 45,139 - - -

Output Group 4. Notifications 208,868 - - -

Output Group 5.Agreement Making 92,008 - - -

Output Group 6. Internal Review 25,286 - - -

Output Group 7. Other Functions 239,683 - - -

Output Group 8. Governanceand Administration 562,456 - - -

Recognition and Protection - 6,906,341 6,488,037 418,304

Total Price of Outputs 5,969,446 6,906,341 6,488,037 418,304

Source of Funding

Revenue from Australian Government for NTRB Outputs 5,871,311 6,380,106 6,243,037 137,069

Revenue from other Sources 98,135 526,235 245,000 281,235

Total Price of Outputs 5,969,446 6,906,341 6,488,037 418,304

Operational Plan

- Activities 4,000,766 3,799,778 200,988

- Corporate 2,905,575 2,688,259 217,316

Total 5,969,446 6,906,341 6,488,037 418,304

Glossary of Terms

Editorial informationEdited by Marjorie Syddall [email protected]

Thanks to the NNTT for use of their future act information.

YMBBMAC thanks the following staff for their photographic contributions:

CFC Team (Bernie Green and Clayton Lewis), Linda Back,Alum Cheedy,Justin Cvitan,Tony Farnham, Kali Napier, Matthew Perkins, Michael Ryan,Robin Stevens and Marjorie Syddall.

Special thanks to Robert Gordon Photography for its photographiccontributions.

Apologies to Zen Davison who was not credited with taking the front pageimage of the 2005 YMBBMAC Annual Report.

Images GuideFront Cover

Main Image: Rock art, Banyjima country. Image courtesy of RobertGordon Photography.

Small images from top left:

• Njamal traditional owner (and PNTS Project Officer) Kevin Allenand son Adrian. Image courtesy of Robert Gordon Photography.

• Jijingntha (Joffre Gorge, Karijini). Image courtesy of Robert GordonPhotography.

• GMY traditional owner Roy Tommy signing binding initial agreementwith Rio Tinto Iron Ore assisted by Senior Regional Legal OfficerMichael Ryan. Image by Justin Cvitan.

• Gascoyne Rivermouth, Gnulli country. Image by CFC Team.

• Ngarlawangga traditional owners Maisey Hyland,April Hyland andTania Limerick. Image by Robin Stevens.

• Gascoyne,Wajarri Yamatji country. Image CFC Team.

• YMBBMAC Governing Committee. Image by Justin Cvitan.

• Lake Nannine,Yamatji country. Image by CFC Team.

• Aboriginal Liaison Officer John Parker, Project Officer Rodney ‘Ali’Parker and Innawonga traditional owner Lola Young. Image courtesyof Robert Gordon Photography.

• Wajarii Yamatji claimants sign agreement with Midwest Corporation,with assistance from YMBBMAC staff. Image by Linda Back.

• Naaguja traditional owners Edna Corbett (left) and JenniferWilliams. Image courtesy of Robert Gordon Photography.

• Pilbara wildflowers. Image courtesy of Robert Gordon Photography.

• Yamatji lizard. Image by CFC Team.

Back cover• Kurama Marthudunera traditional owners Neil Finlay (Pilbara

Chairperson), Rory Bobby and Matthew Sampi on heritage survey.Image by Tony Farnham.

• Gascoyne,Wajarri Yamatji country. Image by CFC Team.

• Shark Bay, Malgana country. Image by CFC Team.

• Pilbara country. Image courtesy of Robert Gordon Photography.

• Wajarri traditional owners Colin Hamlett (left), Gavin Egan (YamatjiSenior Aboriginal Liaison Officer) and Karl Hamlett. Image by KaliNapier.

• PKKP traditional owners Maudie Dowton (left), Cloe Hayes andAngie Cox. Image by Alum Cheedy.

• Yamatji bush tucker. Image by Kali Napier. Koolanooka Springs, NearMorawa. Image by CFC Team.

• Koolanooka Springs, Near Morawa. Image by CFC Team.

AASB Australian Accounting Standard BureauACAA Aboriginal Councils and Associations ActAEIFRS Australian Equivalents to International Financial

Reporting StandardsAGAAP Australian Generally Accepted Accounting

PrinciplesAHA Alternative Heritage AgreementALO Aboriginal Liaison OfficerALT Aboriginal Lands TrustAMEC Association of Mining and Exploration CompaniesAPLA Amalgamated Prospectors and Leaseholders

Association of Western Australia BDO Business Development OfficerBAC Baiyungu Aboriginal CorporationCA Corporations ActCAEPR Centre for Aboriginal Economic Policy ResearchCFC Team Caring for Country TeamCDO Community Development OfficerCFO Chief Financial OfficerCPA Certified Practicing AccountantDIA Department of Indigenous Affairs (State)ED Executive DirectorEDO Economic Development OfficerFaCSIA Families, Community Services and

Indigenous AffairsFMG Fortescue Metals GroupGLSC Goldfields Land and Sea CouncilGMY Gobawarrah Minduarra Yinhawanga

(Pilbara native title claim)IB Innawonga Bunjima (Pilbara native title claim)

IFRS International Financial Reporting StandardsILUA Indigenous Land Use AgreementKM K&M Kurama & Mathudunera (Pilbara native title claim)MIB Martu Idja Banyjima (Pilbara native title claim)MOU Memorandum of UnderstandingNTA Commonwealth Native Title Act 1993NNTC National Native Title CouncilNNTT National Native Title TribunalNRM Natural Resource ManagementNTRB Native Title Representative BodyOIPC Office of Indigenous Policy Co-Ordination

(Commonwealth)ORAC Office of the Registrar of Aboriginal CorporationsPBC Prescribed Body CorporatePKKP Puutu Kunti Kurrama & Pinikura

(Pilbara native title claim)PLO Principal Legal OfficerPNTS Pilbara Native Title ServiceRLU Regional Legal UnitRNTBC Registered Native Title Body CorporateRSHA Regional Standard Heritage AgreementSHA Standard Heritage AgreementSLRO Senior Regional Legal OfficerSOU Strategic Operations UnitUIG Urgent Issues GroupWA Western AustraliaYLSC Yamatji Land and Sea CouncilYMBBMAC Yamatji Marlpa Barna Baba Maaja

Aboriginal Corporation

Geraldton 171 Marine Terrace Geraldton WA 6530

P.O. Box 2119 Geraldton WA 6531

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

KarrathaUnit 1/24 DeGrey Place Karratha WA 6714

P.O. Box 825 Karratha WA 6714

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

Perth5th Floor Septimus Roe Building

256 Adelaide Terrace Perth WA 6000

P.O. Box 3072 Adelaide Terrace Perth WA 6832

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

South Hedland3 Brand Street South Hedland WA 6722

P.O. Box 2252 South Hedland WA 6722

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

www.yamatji.org.au

06275yammar www.egoisgoodforbusiness.com.au

ymac annual report 2006

Documents