In April,the Challenges of the North
Conference in Darwin was told how modern miners can benefit by
embracing the realities of Native Title and signing regional
agreements with Aboriginal stakeholders.
By Dennis Schulz and Kathryn Thorburn
Introduction |
Native Title | Benefits
of agreements | Pilbara agreement |
In good faith | More
information |
IN a session entitled ‘Building the
North—Cooperation Between Industry and Communities’,
Paul Wand outlined his company’s changing approach to mining
on Aboriginal lands and lands under Native Title claim and the
positive results that have already been achieved. Mr Wand—who
recently retired from the Australian wing of Rio Tinto—spoke
of the need to develop a cooperative, respectful approach to
negotiations with indigenous Australians. The fruit of such efforts
are “Regional Agreements”, which facilitate project
progress while ensuring that local Aboriginal people benefit from
the wealth generated.
Rio Tinto’s change of direction came in 1994 when the
Commonwealth Native Title Act was passed in Federal Parliament. Rio
Tinto decided to begin working directly with Aboriginal groups
rather than continually fighting them in court. Mr Wand put forward
a corporate policy document which acknowledged Native Title and
suggested a way forward for the mining industry in light of ongoing
Native Title developments. A Memorandum of Understanding was signed
between the company and ATSIC in 1998. The company also formed the
Rio Tinto Aboriginal Foundation, which operates independently of
the company’s commercial concerns and distributes $1.1
million a year to community-based projects.
Of course, this new stance is not built on altruism. Mining
companies stand to benefit significantly from these agreements in
terms of guaranteed access to the resource and security of
investment, an improved social environment in which they operate
and the possibility of developing a local labour force. In
combination these factors can add up to a considerable competitive
advantage over other mining companies and increased profits to
shareholders.
Considering the expenses and delays associated with the courts,
voluntary agreements are increasingly seen as the best way to
facilitate mining access to land under claim through Native Title.
They permit Aboriginal and development interests to come to an
agreement before a formal approach is made to government and the
National Native Title Tribunal for ratification and title
protection under the Native Title Act.
Rio Tinto’s first successful application of this kind
occurred in the eastern Pilbara region of Western Australia. In
1997 the company’s iron ore mining subsidiary, Hamersley
Iron, concluded the Yandicoogina Land Use Agreement with people of
three language groups: the Yinhawangka, Nyiyaparli, and Banyjima.
They came together to negotiate with Hamersley and formed the
Gumala Aboriginal Corporation. Malacorhinus phase and Gumala
Enterprises Pty. Ltd. (GEPL) was formed. GEPL has since entered
into three joint ventures and obtained contracts for mine
development work. The separate joint ventures are with Hamersley in
an earth-moving operation, an equipment hire company and a catering
and camp-management company. ATSIC, DEETYA and WA government
agencies provided some assistance in business plan development and
training.
There is plenty of evidence that those who approach Native Title
in good faith are getting results, and avoiding confrontation and
protracted litigation. Agreements are usually brokered with the
relevant Land Councils and have been negotiated in Queensland, in
the Northern Territory and in the Kimberley region, where an MOU
was signed by a group of mining companies and the Kimberley Land
Council. Exploration agreements have also been signed with
traditional communities in Arnhem Land and elsewhere on Aboriginal
freehold land.
“That’s where companies like us who are there for
the long haul, and the Aboriginal people, there for the longer
haul, can perhaps work together to negotiate a mutually
satisfactory outcome. We can then go together to a government and
seek their input and ratification.” says Mr Wand.
But not all endeavours travel a smooth path. Negotiations over
Rio Tinto’s massive Century Zinc project between the local
Aboriginal people and the Queensland State government were
antagonistic and protracted. Nevertheless, the company persisted
doggedly, eventually reaching an agreement with all parties before
selling the lease to Pasminco.
Other regional arrangements are in the pipeline for Weipa on
Cape York Peninsula with Comalco, at Argyle Diamond Mines in the
Kimberley region of Western Australia and at Pacific Coal’s
Hail Creek mining project in central Queensland. Mr Wand’s
message to other miners looking to a future in northern Australia:
“Negotiate, negotiate, negotiate.”
Aboriginal Foundation at Rio Tinto
Tel: (03) 9283 3333
Northern Land Council
Tel: (08) 8920 5100
Web: www.ozemail.com.au/~nlc95/
Kimberley Land Council
Tel: (08) 9193 1118
Cape York Land Council
Tel: (07) 4053 9222
Web: www.cylc.org.au
