Kimberley Traditional Owners negotiate strong agreement over Ungani oil

KRED Enterprises is a not-for-profit Aboriginal charitable trust, owned by the Ambooriny Burru Foundation. Ambooriny Burru is made up of eight native title claim groups from across the Kimberley.

KRED Enterprises, Walalakoo Aboriginal Corporation and Karajarri Yanja have successfully negotiated a coexistence agreement with the Mitsubishi-Buru Energy joint venture.

The Ungani Project Co-existence Agreement relates to Mitsubishi-Buru’s oil production licences at the Ungani oil field, located on an important slice of the determined Nyikina Mangala native title area and the Karajarri Yanja native title claim.

The representatives of the Nyikina Mangala and Karajarri groups were authorised to enter into the agreement today at a meeting at Pandanus Park community, 60km south of Derby.             

KRED Enterprises’ CEO Wayne Bergmann says he’s confident the strongest environmental and cultural heritage protection is in place.

‘The decision to take this agreement to the entire native title groups was not made lightly. KRED Enterprises has been fighting hard to come to a mutually acceptable terms, which balances adequate compensation and scope for Indigenous economic development, with comprehensive environmental and cultural heritage protection,” Mr Bergmann says.

For the last 18 months, the joint venture has extracted and trucked oil without any production agreement in place. This means there has been no compensation for Traditional Owners. Under the agreement, Traditional Owners will now be entitled to the outstanding amounts owed them and have a say over responsible development on their country.

“While we applaud Mitsubishi-Buru for exercising their corporate social responsibility we are also aware the native title system creates an uneven playing field,” Mr Bergmann says.

KRED Enterprises is negotiating some of the strongest agreements for Traditional Owners in Australia. We support Traditional Owners to make the best decisions possible about what happens on their country.

www.kred.org.au

http://instagram.com/kredenterprises/

https://www.facebook.com/KREDEnterprises

https://twitter.com/KREDEnterprises

http://www.linkedin.com/company/kred-enterprises

KRED welcomes new chairman

KRED Enterprises, a charitable trust committed to Aboriginal economic development, is proud to introduce its new chairman, Peter Murray.

Mr Murray is a Ngurrara Traditional Owner from the Great Sandy Desert and he brings to the role a wealth of experience, from enterprise development, to a deep understanding of the importance of cultural and heritage protection.  

Mr Murray says he’s thrilled at the opportunity to help grow and shape the vision for KRED Enterprises.

“KRED’s great strength lies in the fact that we—Traditional Owners—are standing together in a cultural block and making our own decisions about what happens on our traditional lands. With KRED’s work now directed by eight native title groups in the Kimberley, we represent people from the desert, through the river country and to the sea. By standing together, we are strong.

“KRED’s former chairman, Anthony Watson, did a wonderful job. He worked tirelessly, had a profound social conscience and I know he’ll be missed. I’m honoured and proud to be taking his place, and I look forward to engaging and listening to Traditional Owners to ensure that we continue to get the best outcomes for our mob,” Mr Murray says.

Currently, Mr Murray is the Chief Operations Officer of Yanunijarra Aboriginal Corporation, but in previous roles, he’s established the Kimberley Land Council’s Ngurrara ranger program, worked as the Ngurrara Indigenous Protected Area manager and served with the Western Australia Police.

Outgoing chairman Anthony Watson, who has been with KRED Enterprises since its establishment four years ago, has now resigned to take on a position as Chairman of the Kimberley Land Council.

“I’m grateful to have had the opportunity to serve our members and confident KRED will continue to negotiate strong agreements between resource companies and Traditional Owners. I’m also confident KRED will continue to grow its sharing bucket to be used for social support and community benefits for all our members,” Mr Watson says. 

KRED launches Australia's first legal company owned exclusively by native title groups

KRED Enterprises, the Broome-based charitable trust committed to Aboriginal economic development, is proud to launch KRED Legal, the first incorporated legal practice in Australia owned solely by native title groups.

KRED Legal has employed a team of 5 lawyers who will focus on native title law, contract law and commercial agreements.

KRED Legal Director, Wayne Bergmann, who is also the CEO of KRED Enterprises, says there was an urgent need to establish an Australia-wide Aboriginal-owned legal entity.

“Across Australia, we’re seeing intense pressure on Traditional Owners from proponents and companies wishing to access, explore or develop on our traditional Country. KRED Legal makes sure we have both a spear and a shield. We seek to ensure that any development on Country can only proceed when the highest environmental and cultural standards are in place. We have a team of lawyers who are raising the bar, who are working creatively and flexibly within Australian law to ensure the best outcomes for our mob,” Mr Bergmann says.

KRED Legal chooses to exclusively represent Traditional Owners, Prescribed Body Corporates, native title groups or Aboriginal-owned companies. 

“We encourage companies and developers to engage and negotiate directly with the authorised representatives nominated by native title groups. The companies that do engage directly with these representatives are reaching positive outcomes that benefit both parties. This generally creates better efficiency in decision-making. Aboriginal people need to be factored in to development, not simply seen as a hindrance,” Mr Bergmann says. 

KRED Legal knows prosperity is about three things: economy, people and culture, and Country. Our lawyers have a thorough understanding of the Western legal system and also a deep respect and understanding of Aboriginal culture. They have locked in a number of co-existence and heritage protection agreements with major companies operating in the Kimberley’s Canning Basin. These agreements are some of the strongest of their kind in Australia.

Chief Operations Officer of Yanunijarra Aboriginal Corporation and Director of KRED Enterprises Pty Limited, Peter Murray, says, “Country is everything to us. Control over country, our land, is so important to our health and spiritual well being. We’re confident KRED Legal are negotiating strong terms that protect our Country and provide a future for Aboriginal people in communities.”

KRED Legal is a wholly owned subsidiary of the Ambooriny Burru Foundation Group, which is owned by eight native title groups in the Kimberley: Bardi Jawi, Nyikina Mangala, Tjurabalan, Ngurrara, Yi-martuwarra Ngurrara, Jaru, Karajarri and Koongie-Elvire.

For more information, please contact KRED’s Media and Communications Officer, Madelaine Dickie, on (08) 91 928782, 0488 771 411 or madelaine@kred.org.au. 

Indigenous allowed no say on their own heritage

This opinion piece appeared in the print edition of the West Australian on 17th February, 2015. It's by Ben Wyatt, shadow minister for Aboriginal affairs.

There are very few areas of public policy more important to Aboriginal people than the protection of heritage. Aboriginal people also know that, in the end, heritage locations are always sacrificed for the progress of industry. 

Between January 2008 and June 2013, the Department of Aboriginal Affairs received 646 applications pursuant to section 18 of the Aboriginal Heritage Act (applications for ministerial consent to 'excavate, destroy, damage, conceal or some way alter' an Aboriginal heritage site). Of these, only one was rejected. 

Clearly, the presence of Aboriginal heritage sites cannot be the excuse for lack of economic development. 

As a result, Aboriginal people have become adept at trying to ensure that if sites of cultural significance are going to be sacrificed (as they always are) an outcome needs to be negotiated to the benefit of those Aboriginal people. This is one area where Aboriginal people have shown extraordinary entrepreneurialism. It is, sadly, often the case that where Aboriginal people are required to show the most adept entrepreneurialism is in the face of government-designed processes. 

In the final week of Parliament last year, the Barnett Government introduced the Aboriginal Heritage Amendment Act. 

It is accepted across the political spectrum that the current Act, passed through Parliament two years before I was born and 20 years before the Mabo decision, is in need of a thorough overhaul. The Government's proposed changes take no consideration of Aboriginal people's aspirations in respect of heritage. 

The Act amendments were led by a discussion paper from John Avery in April 2012. This paper had seven proposals for consideration. The Bill introduced into Parliament by Deputy Premier Kim Hames has no connection to the points of discussion pursued by Avery. 

Aboriginal Affairs Minister Peter Collier, in a media statement on August 11, said: "Aboriginal stakeholders need to be across the detail of how the proposed reforms will be implemented and, in particular, how the State Government intends to ensure that the Aboriginal voice is included in decision-making." 

With the Barnett Government's amendments to the Act, the Aboriginal voice is almost absent. There is no recognition of ownership of heritage, no recognition of native title, no recognition of anything beyond the overriding control and decision-making of the chief of the Department of Aboriginal Affairs. 

The chief executive is to be the sole arbiter of what places are to be preserved and how they are to be preserved. Incredibly, the chief executive has the sole authority to declare there is no Aboriginal site on any land. 

Not one Aboriginal person need be spoken to. Every decision is to be made by the chief executive. There is no mandated involvement for Aboriginal people. 

Before his death, my father, a former chief executive of the department, was aghast at the reduction of the status of Aboriginal people to passive bystanders in the management of their heritage. 

Aboriginal people never expected to be given some overriding power over industry, but we did expect, at the very least, the right to be spoken to. Consulted, engaged, informed. 

The Government has missed a huge opportunity. An old piece of legislation, which all agree was in dire need of review, is now presented as nothing ore than removing Aboriginal people from the process of recognising and protecting their heritage. 

Late last year, a respected group of Aboriginal leaders came to Parliament. They presented a petition to Brendon Grylls and myself. They met with Mr Collier, who advised the group there would be more consultation and negotiation around the wording of the draft Bill before it was introduced this year. But one week later the Bill was introduced into Parliament, unchanged. 

It will pass the Parliament because the Government has the numbers. But the trashing of goodwill and lack of any support or acceptance from Aboriginal people means that the protection and management of Aboriginal heritage sites will be a political issue for years to come. 

Ultimately, the biggest losers will be Aboriginal people, again preoccupied with protecting and preserving their own culture and unable to do what we all want to be done: directing energies into creating and pursuing opportunities. 

Ben Wyatt is the WA shadow minister for Aboriginal affairs. 

Notice of Authorisation Meeting for the NYIKINA MANGALA PEOPLE and Members of the KARAJARRI YANJA native title claim group (WAD 295/2012)

WHERE: Yurmulun (Pandanus Park) Community
WHEN: Wednesday 4th March to Thursday 5th March 2015 (2 Days of Meetings)
START: 8.30am for registration, meeting starts at 9am on all days

WHO IS INVITED: All members of the Karajarri Yanja native title claim group (WAD295/2012) being those persons who are the descendants of the following named apical ancestors (please be advised that the following contains names of deceased persons):
Nganara, Minyirr Palajangka, Ingala [2] and Yanadu “Mutpi” and
All Nyikina Mangala People being those persons who are the descendants of the following named apical ancestors (please be advised that the following contains names of deceased persons):
Marrkal and Minbukar and Kinara and Karlmurl; Ngurkwan, Yayika and Minyang; Polly Wurrayin and Charlie Djawali, Bundangurra and Jambo; Intiri and Nulanula, and Yawingka and Kalyuka; Kitty Kujaja and Charlie Mangurl; Lucy Muninga and Edward Yedawarra and unnamed mother of Fulgentius Fraser; Maggie Nimbanirl; Dim and the mother of Bobby Ah Choo; Bundangurra and Mabel Ah Chee; Jimgula; Niyna Philomena; Kupa and Ngamariny; Gurupirin; Nani; Jinangkal and Nyuntunga; Yana and Nyani, Ngata and Kalkululu; Andy Marunjari and Marjory Spratt and her unnamed mother; Wilidi and Muna and Tutu and Warda; Muwa and Nijajira; Bobby Yingirr and Molly, and Latpij and Wayurl ; Nipper Tapaji and his father Larry; Cissy Punturu and Dan Palangga; Tommy Numarid.

BACKGROUND: KRED Enterprises Pty Ltd, on behalf of the Karajarri Yanja native title claim group (WAD295/2012) and the Walalakoo Aboriginal Corporation Registered Native Title Body Corporate ICN 8041 (“the native title groups”), has been negotiating a Coexistence Agreement with Buru Energy Ltd in relation to two petroleum production licences that have been applied for by Buru Energy Ltd and Diamond Resources (Fitzroy) Pty Ltd at Ungani. The negotiation of the Coexistence Agreement between Buru Energy Ltd, Diamond Resources (Fitzroy) Pty Ltd, Mitsubishi Corporation, the native title groups and KRED, is complete and will be presented to the Karajarri Yanja native title claim group and the Nyikina Mangala People to consider on 4th and 5th March 2015. In addition to the Coexistence Agreement, an Indigenous Land Use Agreement (ILUA) will also be presented to the Nyikina Mangala People for consideration. If registered, the ILUA would authorise the construction of the proposed Ungani Project load-out facility and the proposed Ungani Project access road and pipeline corridor, on the basis that their construction will not permanently extinguish the determined native title rights and interests over the affected areas.

Map: Ungani Project Coexistence Agreement and Indigenous Land Use Agreement

The two Ungani petroleum production licence areas are outlined in green; The production licence area that overlaps the Karajarri Yanja claim area is marked in orange; The petroleum production licence area that overlaps the Nyikina Mangala determined native title area is marked in green and the remainder of the Nyikina Mangala determined native title area is marked in blue shading; The proposed load out facility easement is marked ‘A’, the proposed access road and project pipeline corridor is marked ‘B’.

AGENDA:
DAY ONE Joint briefing session with the Karajarri Yanja native title claim group and the Nyikina Mangala People on the contents of the Ungani Project Coexistence Agreement and briefing session with the Nyikina Mangala People on the ILUA for the proposed Ungani Project access road, pipeline and load out facility easements.

DAY TWO Authorisation
Part 1        Nyikina Mangala People’s Authorisation of the Ungani Project Co-existence            Agreementa and ILUA;
Part 2        Nyikina Mangala People’s Consent to the Walalakoo Aboriginal Corporation Registered Native Title Body Corporate ICN 8041 entering into the Ungani Project Co-existence Agreement and the ILUA;
Part 3        Karajarri Yanja native title claim group’s Authorisation of the Ungani Project Co-existence Agreement;
Part 4        Karajarri Yanja native title claim group’s Authorising the Applicant.

The Authorisation meeting is being called to consider:
1) The Karajarri Yanja native title claim group deciding whether they authorise the Karajarri Yanja named Applicant to sign the Ungani Project Co-existence Agreement consenting to:
i. the grant of two adjacent petroleum production licences under Section 31 of the Native Title Act 1993 (Cth); and
ii. the grant of an Ungani Project pipeline easement and an Ungani Project highway depot easement.
2) Any other business
and
1) The Nyikina Mangala people deciding whether they consent to the Walalakoo Aboriginal Corporation Registered Native Title Body Corporate ICN 8041 signing the Ungani Project Co-existence Agreement, which involves consenting to:
i. the grant of two adjacent petroleum production licences under Section 31 of the Native Title Act 1993 (Cth); and
ii. the grant of an Ungani Project access road and pipeline easement and an Ungani Project load out facility easement through an ILUA.
2) Any other business.

Please Note: Limited travel & accommodation assistance can be provided. For arrangements please contact Shaha Bin Sulaiman on 0488 440 211 or (08) 9192 8782 at EHSIS office no later than 23 February 2015. Any legal questions should be directed to Rob Houston or Hayley Haas on (08) 9192 8782.