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Ngarluma Aboriginal Corporationand its background

ayiba, welcome to the Christmas edition of the

Ngarluma Newsletter created by the Ngarluma Aboriginal Corporation to keep its members up to date with what is going on in the office.

The Ngarluma Aboriginal Corporation (ABN 20 138 650 045) is now the governing body for native title over land for which the Ngarluma people are the traditional owners.

After the Ngarluma and Yinjibarndi native title determination in the court case Daniel v State of Western Australia the Ngarluma community decided that the NAC would be the representative body for native title interests.

The NAC replaced the Ieramugadu Group and has also

established itself as the owner and daily operator of the Mt Welcome pastoral lease. Today we have a station manager and Ngarda trainees working the station. The creation of the NAC has been an important turning point in Ngarluma history. The NAC is primarily responsible for managing the native title fought for by our elders, and we now have the responsibility to create social and economic opportunities for Ngarluma people.

This process of creating opportunities can be seen in our initiatives such as the Mt Welcome Pastoral company, which aims to turn a run down station into a successful cattle property. We have employed a

professional manager, local stockmen and farm hands to manage the stock and country.

Another initiative of the NAC is the creation of the Ngarluma Trust. This is a huge job, and has taken a lot of time and energy. It will be a trust only for Ngarluma people and will hold our mining royalties. Please read our news on the update of our Plan B trust and the Rio trust, in this edition.

The NAC is working for the Ngarluma community, so please take the time to read this newsletter and find out the latest news at your Ngarluma Aboriginal Corporation. We look forward to continuing to work for the Ngarluma community in 2010.

Ngarluma Aboriginal Corporation (ABN 20 138 650 045) is now the governing body for Native Title over land for which the Ngarluma people are the traditional owners.

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Ngarluma Aboriginal Corporation 1 Padbury Street, Roebourne. Ph:91821351 Fx:91821352

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ayiba members, I have been working for NAC for two years now and in this time have had the opportunity to

learn a lot about Ngarluma culture and meet a lot of great people from the community who have become good friends. The work I’ve been focusing on is the development of projects for the benefit of Roebourne and the Ngarluma community, such as the restoration of Mt Welcome Homestead and the NASH project, writing grant applications to assistwith funding for the station and the running of the NAC, as well as working with the Board  and liaising with people from industry, government to promote the interests of the Ngarluma community. About two months ago I moved to Roebourne to take over managing the NAC for the interim until the Board finds a suitable CEO. In this role I am managing the day to day running of the Ngarluma Resource Centre, and working on putting in place strong business structures and office processes that will help the NAC run better for the benefit of all the members. I am also working on some projects that I hope to get up and running for the new year - this includes establishing a community market garden at the old chook farm! This is a big project and I would welcome any community member's input or views on how to make this a successful sustainable project for all Ngarluma members and members of the wider community to have a hand in and enjoy. The doors of the NAC are always open and we invite all members to come in for a chat and a cuppa, and let us know the kind of thing you would like to see in the community and how NAC can help, remember this is your organisation and we need your input!

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Brooke St James

he NAC acknowledges the hardship faced by many Ngarluma people. As a consequence, NAC has established the West Angelas Fund for Necessitous Circumstances, for the purpose of offering funding to alleviate some of the financial concerns people may experience.

Who can apply for Necessitous funds? Ngarluma people who are suffering from necessitous circumstances. A person’s application will only be successful if they

include their centrelink number on the application, or describe the particular situation that results in their necessitous circumstances. The committee meet once per month to assess applications. Please note that the policies for the trust state that a maximum of 20 applications per month can be approved.

What can be applied for?• Medical and health assistance

• Education assistance (i.e. computer)• Whitegoods (i.e. fridge, washing machine, air conditioner – 1 only, freezer, stove)

• Furniture (i.e. bed, mattress, dining suite, lounge)• Applications cannot exceed the value of $2000• Funeral Assistance (wake or flowers) to the value of $500 each.

No cash payments can be given from the trust. Payments can not be given for purchases made previously. A person can not receive more than $3000 a year in assistance. If you wish to apply for necessitous assistance, please forward your request, along with a quote for your goods to the Ngarluma Resource Centre:

PO Box 263 Roebourne, WA, 6718.F: 9182 1220 E: reception@ngarluma.com.au

Brooke St James

Update on Plan B Ngarluma West Angelas TrustBy Brooke St james

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NGARLUMA PEOPLE WHO WISH TO APPLY FOR NECESSITOUS FUNDS NEED TO FORWARD YOUR REQUEST TO THE NGARLUMA RESOURCE CENTRE.

www.ngarluma.com.au

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 n the 27th of November Ngarluma representatives attended the launch of the ‘Pilbara Cities’ in Dampier.

Pansy Hicks performed a traditional Welcome to Country and Violet Samson presented a painting to Premier Barnett and one to Minster Gylls.

Ngarluma children Jada Whalebone and Noah Maurambine were presented with a sapling from Premier Barnett to plant at the Roebourne Primary School as a symbol of growth for the future.

 Premier Colin Barnett and Ministers for Regional Development, said the framework was now in place to transform Karratha and the region and have it supported by all the facilities enjoyed in other Australian cities. Funding and resources from State, Federal and local governments as well as private sector investment, will bring a series of important infrastructure and community amenity upgrades to key towns in the Pilbara. These include major revitalisations of South Hedland, Karratha, Newman, Dampier, Tom Price and Onslow town centers, Premier Barnett and Minister Grylls also gave their support to Ngarluma Aboriginal Corporation’s NASH project which will see the rejuvenation of Roebourne.(Read more on NASH page 7) The Pilbara Cities plan also focused on new schools and TAFEs; hospitals and medical centers; leisure and entertainment facilities; shopping and retail precincts; employment and indigenous enterprise opportunities; large-scale land releases; and affordable living initiatives, all supported by significant improvements and upgrades to energy, water and waste management services.

This is an excerpt of the speech delivered by Jill Churnside at the launch of Pilbara Cities:

“The Ngarluma Traditional Owners are determined to protect the interests of their community whose members and whose old people now deceased have suffered so much in the development of the iron ore and gas  industries in the Pilbara.

Because there is a new willingness to work with us in planning the future developments, which we are assured will  respect our property and our community interests we are committed to engage in the process with Government and with the resource companies.

 The Ngarluma people are the region’s Traditional Owners and we battled companies and Governments for 13 years in the Federal Court to get our Native Title finally recognised. But we are prepared to put that ill feeling behind us and negotiate shared use with industry on our Country.

 We also want to acknowledge the Governments willingness to engage with us on a “new start” for Roebourne under our Ngarluma Sustainable Housing Project but once again find the delays frustrating and ask our honored guest Premier Colin Barnett, and Ministers present if finalising that project could be expedited so that we and the State do not lose $24million of Stimulus funding for the region.

So to all guests present we welcome you to our country and look forward to a positive future with all of you.”

Excerpt of Jill Chunside’s speech at the launch of Pilbara cities

WA Government Launches Pilbara Cities Plan

By Brooke St James

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Ngarluma strikes out Woongoottoo & YaburaraBy Carolyn Tan

he Ngarluma native title claim over the townsites of Karratha, Dampier,Wickham and Point Samson were overlappedby the Wong-Goo-Tt-Oo (WGT) claim and partly by the Yaburara Mardhudunera (YM) claim. On 23 October 2009,

the Federal Court struck out the YM claim where it covers the townsites and struck out the WGT claim completely. The YM

claim still remains, but only west of the Ngarluma and Yindjibarndi determined areas. The WGT have lodged an appeal to the Full Federal Court against being struck out but in the meantime their claim has gone. The Ngarluma people now have the only native title claim over the area of the townsites.

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FOR INFORMATION ON FUTURE ACTS OR HERITAGE CLEARANCES PLEASE CONTACT NGARLUMA ABORIGINAL CORPORATIONOR VISIT OUR WEBSITE FOR HERITAGE PROTOCOLS

www.ngarluma.com.au

Carolyn Tan works for Pilbara Native Title Services, and acts for NAC in native title matters. She was one of Ngarluma’s lawyers who helped with our successful native title claim.

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Ngarluma & Yindjibarndi Determination Areas

Data StatementApplication boundary data sourced from DLI, WA.

Other locational data sourced from Geoscience Australia.Compiled by the National Native Title Tribunal on 02 May 2005.

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Map AreaWestern Australia

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KILOMETRES

NgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaNgarlumaDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDeterminationDetermination

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I N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A NI N D I A N O C E A N

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Copyright ©Commonwealth of Australia 2005.Copyright ©Commonwealth of Australia 2005.Copyright ©Commonwealth of Australia 2005.Copyright ©Commonwealth of Australia 2005.Copyright ©Commonwealth of Australia 2005.Copyright ©Commonwealth of Australia 2005.Copyright ©Commonwealth of Australia 2005.Copyright ©Commonwealth of Australia 2005.Copyright ©Commonwealth of Australia 2005.

Background to the Ruling

In late 2008, Ngarluma Aboriginal Corporation discovered that it did not hold native title on the 4 town sites of Karratha, Dampier, Wickham and Point Samson. This had occurred due to a Native Title legal technicality, which did not allow Ngarluma to claim native title over the towns in the original native title claim area. It was also discovered that Wong-Goo-Tt-Oo and Yaburara Mardhudunera both had active claims over those towns. It was decided at a Ngarluma community meeting that we would move to strike out both these claim groups.

This map shows the town site’s, marked in blue, which is now recognized as Ngarluma country.

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Update on RioTinto Negotiationsby Marcus Holmes, NAC Lead Negotiator

AC’s negotiation team is using its best endeavors to finish off an indigenous land use agreement with Rio Tinto Iron Ore. NAC had expected that agreement to have been made by the end of this year but Rio Tinto says it will not be

finished in 2009. While NAC is very concerned at these delays, it is ensuring that as well as bringing in financial benefits, the agreement will be strong for the Ngarluma people and their future generations.

NAC is seeking to ensure that any agreement provides, among other things, cultural heritage and environmental protection and ongoing consultation with Rio before it carries out expansion activities on Ngarluma country. NAC assumes the agreement will now get finalised in 2010. Once it is approved by the NAC Board, the Ngarluma community will be asked

to approve the signing of the agreement.

As the area of operation for Rio includes Mt Welcome Station, Mt Welcome Pastoral Company will also be a signatory to the agreement. If Rio Tinto Iron Ore and BHP Billiton Iron do a joint venture, Rio confirms that, in addition to

payments from Rio, Ngarluma will be entitled to a payment per tonne of any BHP ore taken out through Ngarluma country. This will significantly increase the financial benefits to the Ngarluma community and its projects.

 The NAC negotiations team believe it is worth continuing to negotiate to get a fair and reasonable agreement to ensure these additional payments and the country protections are properly included.

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Marcus Holmes has been appointed lead negotiator by the NAC governing committee. Marcus has been engaged by the NAC to complete the rio negotiations and provide legal advice on native title issues.

Background to the RIO Negotiations

After two years of negotiations, in 2008 Rio and NAC signed a initial agreement over the proposed expansion of mining operations in the Pilbara, this would clear the way for the Indigenous land use agreement. Since then the global financial crisis has slowed the progress made in completing the ILUA. NAC and RIO are still negotiating, and we maintain our responsibility to get the best deal for the Ngarluma Community

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Ngarluma Aboriginal Sustainable HousingNASHby Peter Dowding

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NASH IS A PROJECT THAT IS GOING TO DO SOMETHING ABOUT THE HOUSING SHORTAGE IN ROEBOURNE. THERE WILL BE GOVERNMENT HOUSING AVAILABLE, BUT ALSO THE OPTION TO BUY YOUR OWN HOME. FOR FURTHER INFO CONTACT NAC. www.ngarluma.com.au

he Ngarluma Aboriginal Sustainable Housing project moved a step forward this week with State Ministers

Buswell and Grylls publicly supporting it and the Premier Colin Barnett also endorsing the project. I have been a long time

NAC supporter and have assisted NAC to plan a 400 house lot development around the old oval and recreation clubhouse with Commercial and group housing areas. NAC has set up a

company NASH (Roebourne) Pty Ltd to carry the project and Directors of it are Jeannie Churnside, Les Hicks, Tyson Mowarin, Kerrie Churnside and Lizzie Walker.

The land has been acquired under an option agreement with the Government which requires NAC to do the development within 5 years.The cost of headworks for the first stage of 100 blocks has been estimated at $10million and

NASH has decided to proceed with that as stage 1, once funding has been secured. The stage 1 will attract Federal Stimulus funding for 38 house and land packages for social

housing ( rental accommodation to be managed by Foundation Housing instead of the Department of Housing) and 12 houses

for GROH the Government Employees Housing authority. The balance of 50 blocks will be available for private house buildersand NASH will have discussions with other Indigenous groups to see if there is any interest in house and land purchase

packages being available for members of all those organisations. NAC proposes to discuss this at meetings to be held next year.

Any members who have an interest in a shared equity home purchase should register their interest with NAC. The social housing will be filled from existing Housing Department

waiting lists and obviously members who want to register with Housing for these houses should do so now.The tenants will be required to sign up to a commitment to maintain good standards as the development will be managed in a way to

provide a good amenity for all those living in the new suburb. Jeannie Churnside said that NAC would name the suburb later in the new year and welcomed any suggestions

from members.

T

Peter Dowding with NASH Board members Tyson Mowarin, Jeannie Churnside & Les Hicks

008-2009 was a rough year. The financial crisis came right in the middle of NAC’s rio

negotiations, and this slowed down the progress that

was made in 2007-2008. The NAC board has been working very hard to ensure that the rio negotiations are completed, in september a community meeting

and an AGM was held so the directors could update the community on the progress of NAC and the issues it faced.

Community meetingOver the last year, the NAC and Working Group have been working with Jackson McDonald Lawyers to

design a Trust that will work well for the Ngarluma people. In September 2009, RPM Project Management presented the Trust story at the

Ngarluma community meeting. The Ngarluma people present thought the Trust will work well for Ngarluma and said the Trust should be set up, so it is ready to

take money from the Rio Tinto Agreement.

AGMAt the NAC AGM on 20th November, RPM went through the Trust story again, as there were some people who were not at the September meeting. The

group chose Ngarluma Tharndoo Garnoonenu Mia for the Trust name. When it came to choose the four Ngarluma Trust Directors, there was no quorum.

The NAC members present proposed some names for the 4 Ngarluma Director positions, but no further discussions were able to take place.

Moving ForwardNo further work on the set up of the Trust can take place until the four Ngarluma Trust Directors are

appointed and Rio Tinto will not release any money to Ngarluma until the Ngarluma Trust is set up. As there will not be another NAC AGM until February 2010,

the NAC Board is looking at nominating the four Ngarluma Directors. The four Directors will be chosen so that the Trust set up can carry on. At the AGM in February new Trust Directors can be chosen.

Ngarluma Community MeetingSeptember 2009by Brooke St James

NGARLUMA MONTHLY www.ngarluma.com.au

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NGARLUMAkidsChristmas Colour-me-in!

MERRY CHRISTMAS