Cultural warning
Aboriginal and Torres Strait Islander people should be aware that this website may contain images, voices or names of deceased persons in photographs, film, audio recordings or printed material.
Background
On 31 August 2017, the Minister for Aboriginal Affairs made an offer to enter into a negotiated alternative settlement of four native title claims over 48,000km2 of land and waters in the Geraldton region: Southern Yamatji, Hutt River, Widi Mob and Mullewa Wadjari.
The offer was accepted by the native title claim groups on 20 October 2017. The State's offer was a result of a significant development in the claim process with all four groups successfully resolving overlaps in the region and agreeing to enter into negotiations with the State.
As part of the negotiations, the Traditional Owner Negotiation Team (TONT) was established by the native title claimants to represent the four claim groups in the negotiations. Negotiations began in March 2018.
In June 2019 the Yamatji Nation claim, encompassing all four underlying claims, was filed in the Federal Court.
The parties reached in principle agreement on 30 July 2019.
The Yamatji Nation Indigenous Land Use Agreement (Agreement) was authorised by all claim groups in December 2019 and executed on 9 February 2020 when the Federal Court also determined that the Yamatji Nation holds non-exclusive native title rights and interests over select parcels of land within the Agreement area.
The Agreement was registered by the National Native Title Tribunal on 30 July 2020 and placed on the Register of Indigenous Land Use Agreements. Benefits flow over 15 years from Conclusive Registration finalised on 26 October 2020.
The Agreement supports Aboriginal empowerment and recognition and includes a diverse range of benefits, with a strong focus on economic development, supporting the vision of the TONT to negotiate a settlement that would build a sustainable economic foundation for Yamatji Nation members, ensuring their active participation in the regional economy, today and into the future.
See the National Native Title Tribunal website for the registration details.
See Yamatji Nation Indigenous Land Use Agreement documents and fact sheets for details about the Agreement.
Value of Settlement Package
Show more- The benefits package, consisting of a combination of cash and economic development opportunities, has been valued at $442 million, exclusive of the value of Crown land that will be transferred under the agreement:
- $325 million cash component, CPI indexed
- $70 million assets and economic development initiatives
- $47.4 million implementation costs.
Recognition
Show more- Recognition of non-exclusive native title rights and interests in discrete, culturally significant parcels of land (0.57% of the total Agreement area).
- The recognition of non-exclusive native title rights includes the right to live and camp on the land, visit and maintain sites of significance, hunt, fish, take resources, conduct ceremonies and invite others onto this land.
- The Future Act regime under the Native Title Act does not apply in these areas.
Economic Development Package
Show more- Establishment of a Business Development Unit within the Regional Corporation to provide business evaluation and incubation support for Yamatji Nation businesses.
- Transfer of a property to the Yamatji Southern Regional Corporation for use as a Corporate Headquarters and for lease.
- Transfer of commercial and industrial land parcels within the Agreement area.
- 35% of rental revenue from mining tenure in the Agreement area over 10 years and 5% rent received from industrial leases in the Oakajee Industrial Estate.
- Funding to upgrade infrastructure and establish Management Plans for Lucky Bay and Pink Lake as key tourism destinations.
- The transfer of housing properties and development partnership opportunities in the Agreement area.
- Creation of a strategic Aboriginal Water Reserve consisting of 25 GL per year for use or trade and funding for investigations of viable water resources across the Agreement area.
- Funding for water monitor training program through Geraldton TAFE and service contracts to the Department of Water and Environmental Regulation (DWER) for qualified Yamatji Nation water monitors.
Heritage and Culture
Show more- Yamatji Standard Heritage Agreements for Government and for private proponents to ensure Yamatji Nation people are consulted about activities undertaken on their country, particularly when there is a likelihood that Aboriginal heritage will be impacted.
- Funding for an Aboriginal Water Sites Restoration project, to be co-designed between DWER and the Yamatji Southern Regional Corporation, for the recognition, protection and restoration of cultural water sites.
- Funding for a range of initiatives for the management of Yamatji Nation Aboriginal Heritage.
- Funding for a Cultural Records Advisor to advise on the management of cultural materials and for procurement of software and a database for storage of records.
For more information on the heritage obligations for Government under the Yamatji Nation ILUA please see Department of Planning, Lands and Heritage website .
For more information on the heritage obligations for Proponents under the Yamatji Nation ILUA please see the Department of Mines, Industry Regulation and Safety website.
Yamatji Land Estate
Show more- Creation of a Yamatji Land Estate through the transfer of approximately 134,000 hectares of Crown land as managed reserve and 14,500 hectares as freehold or conditional freehold across the Agreement area.
- Management Orders over land which will be transferred as managed reserves.
- Divestment of eight Aboriginal Lands Trust properties located within the Agreement area.
For more information on the Yamatji Land Estate under the Yamatji Nation ILUA please see Department of Planning, Lands and Heritage website.
Conservation Estate
Show more- Joint vesting and joint management arrangements between the Yamatji Southern Regional Corporation and the Department of Biodiversity, Conservation and Attractions (DBCA) for approximately 470,000 hectares of conservation estate within the Agreement area.
- Funding for the implementation of joint management arrangements over 10 years.
- Funding of 14 Aboriginal Ranger positions, initially within DBCA, to be transitioned to the Yamatji Southern Regional Corporation.
Partnership
Show more- A Government Partnership Committee is established under the Agreement to foster collaboration between the parties on implementation of the Agreement and to facilitate an ongoing partnership arrangement.
- The Department of the Premier and Cabinet will co-chair the Committee with the Yamatji Southern Regional Corporation.
- There is funding allocated and an appropriate governance structure established to manage the implementation of the Agreement across the State Government.
Governance
Show more- The Yamatji Southern Regional Corporation Ltd will develop the strategic direction of the Yamatji Nation and implement the Agreement.
- The Bundi Yamatji Aboriginal Corporation is the Prescribed Body Corporate who will hold the native title rights and interests on trust for the Yamatji People.
- The Joint Governance Principles and the Governance Framework reflect both best practice governance standards and flexibility for the Yamatji Southern Regional Corporation to be responsive to economic opportunities.
- The settlement benefits, including cash and assets, will be held by a Charitable Trust and subject to the restrictions that apply under Australian charity law.
- For the first 10 years the Charitable Trust has a fully licenced trustee company acting jointly with a Yamatji trustee (Joint Trustee).
- Part of the role of the Licenced Trustee will be to develop capacity within the Yamatji Trustee over the 15-year State contribution period to support orderly transition from a Joint Trustee arrangement.
