BIRRIMAN-GAN NATIVE TITLE CLAIM
AUTHORISATION MEETING & PRE-INCORPORATION MEETING FOR A NEW CORPORATION TO BE THE BIRRIMAN-GAN PBC
WHERE: This meeting will be held simultaneously in Broome, Derby, Bidyadanga and online:
Broome: PCYC, 4 Scott Street, Broome
Derby: Derby Civic Centre, 30 Loch St, Derby
Bidyadanga: Community Resource Centre, Bidyadanga
Online: Using Zoom (details below)
WHEN: Wednesday 4 May 2022 from 8.30am – 4.30pm
(Registration from 8.00am – you must register to participate)
THIS IS AN IMPORTANT MEETING FOR BIRRIMAN-GAN NATIVE TITLE HOLDERS TO MAKE DECISIONS ABOUT THE BIRRIMAN-GAN PBC
WHO CAN ATTEND?
This meeting is for Birriman-gan native title holders only, being Karajarri people, Yawuru people and Nyikina people, defined as follows:
Karajarri People
Those people who refer to themselves as Karajarri, being persons who:
a) are of Karajarri descent;
b) identify as Karajarri and are accepted as such by the Karajarri;
c) adhere to Karajarri customs and traditions; and
d) are by Karajarri laws and customs entitled to the use or occupation of the Karajarri lands irrespective of whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission and includes those persons having native title thereto under common law.
Yawuru People
a) the descendants of Nyobing Babere, Chimbere Sitocay, Aloysius Louis Dolby, Jirawina, Jack and Pollyanna Mangain, Lija (wife of Phillip O’Brien Taylor), Nyilandin, Joseph Mary, Paddy Djiagween, Lucy Marcella Roe, Mary Minyal, Cecilia Ngangon, Nyingula, Annie Mawunga, Milangka, Lena Charlie, Lucia ‘Lija’ (daughter of Bornal and Gurdan), Minbal Ester, Philomena Carter, Aubrey Kelly Edar, John Two fingers, Mary Budjinka, Yungula (first wife of George Harriot Roe), Yungula (second wife of George Harriot Roe), Tommy Roe ‘Guminy’, Dorothy Kelly, Lydia Kanagai, Solong Archill, Jiriny, Dockan Harry Minbal, Maggie Kanado (Kangode), Lucy Warrdarr and Philomena ‘Polly’ Vincent (nee Pedro) save that where a person has only one Yawuru parent, that person self-identifies as Yawuru; and
b) Aboriginal persons who have been adopted as children or been grown up by a Yawuru person as members of the Yawuru community under the traditional laws and customs of the community and who self-identify and are generally accepted by other members of the community as Yawuru persons; and
c) Aboriginal persons who possess high cultural knowledge and responsibilities in relation to the area described in Schedule 2 [see map below] and:
(i) were born in; or
(ii) have a long term physical association with,
that area under the traditional laws and customs of the Yawuru community and who self-identify and are generally accepted by other members of the community, as Yawuru persons; and
d) the descendants of persons referred to in (b) or (c) save that where a person has only one Yawuru parent, that person self-identifies as Yawuru.
Nyikina people
The descendants of Karlmurl, Ngurkwan, Yayika and Minyang, Polly Wurrayin and Charlie Djawali, Bundangurra and Jambo, Kitty Kujaja and Charlie Mangurl, Lucy Muninga and Edward Yedawarra and Wadadarl ‘Brumby’, Maggie Nimbanirl, Dim and the mother of Bobby Ah Choo, Bundangurra and Mabel Ah Chee, Jimgula, Niyna Philomena, Ngamariny, Gurupirin, Nani, Jinangkal and Nyuntunga, Andy Marunjari and Marjory Spratt and her unnamed mother, Bulu, and Joe Nangan.
For TRAVEL or ONLINE ARRANGEMENTS or for a copy of the RULE BOOK please contact Anna Mardling at the KLC on 08 9194 0142 or anna.mardling@klc.org.au as soon as possible. Deadline for travel assistance requests is Thursday 28 April 2022.
WHAT DECISIONS WILL BE MADE AT THIS MEETING?
1. PBC nomination:
Do Birriman-gan native title holders want to instruct the KLC to nominate an Aboriginal Corporation to be the Birriman-gan PBC?
– If the answer to this question is ‘yes’, the next part of the meeting will be a pre-incorporation meeting to establish a new corporation to be the PBC and the questions in 2 below need to be answered.
– If the answer to this question is ‘no’ the ILSC will be the PBC and the meeting can go straight to Directions to the Agent PBC.
In the past, Birriman-gan native title holders have made decisions by consensus of the 3 language groups. This decision might be made another way (e.g. by majority) if that is how native title holders decide to make this decision.
2. Pre-incorporation meeting: To set up a new Aboriginal Corporation under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) (CATSI Act) that will become the Birriman-gan PBC. This will include:
a. Birriman-gan native title holders who are nominated as the initial members of the PBC give consent to becoming initial members;
b. Initial members of Birriman-gan PBC approve the PBC Rule Book (and confirm replaceable rules);
c. Initial members of Birriman-gan PBC nominate initial directors for Birriman-gan PBC; and
d. Initial members of Birriman-gan PBC nominate a contact person and a person to submit the application for registration to ORIC.
3. Native Title Holders meeting:
To formally nominate the Aboriginal Corporation to be the Birriman-gan PBC under the Native Title Act 1993 (Cth) to act as agent for the native title holders recognised by the Federal Court on 19 December 2018 in Mulardy, on behalf of the Birriman-gan Native Title Claim Group v State of Western Australia [2019] FCA 2119.
In the past, Birriman-gan native title holders have made decisions by consensus of the 3 language groups. This decision might be made another way (e.g. by majority) if that is how native title holders decide to make this decision.
4. Directions to the Agent PBC: For native title holders (i.e. the Principal) to provide directions to the PBC (i.e. the Agent) including about future acts. This has to happen even if title holders don’t nominate their own PBC.
DETAILS FOR ONLINE MEETING
1. Register your attendance with Anna Mardling on 08 9194 0142or anna.mardling@klc.org.au before 3:00pm on Monday 2 May 2022.
2. Native title holders who register to attend the meeting online will be provided with a link to the meeting if joining by computer or a meeting ID number if joining by phone.
3. For native title holders who don’t have access to a phone or a computer to join the meeting, the KLC will make limited numbers of mobile phones available for pick up in Broome. The KLC can also provide mobile phone credit for native title holders who want to join the meeting using their own phone.
4. Information will be displayed during the meeting using Zoom. KLC can provided printed copies of the material to native title holders before the meeting.
5. If you require a mobile phone or phone credit to join the meeting, please contact Anna Mardling on 08 9194 0142 or anna.mardling@klc.org.au before 8:45am on Monday 2 May 2022.
All people attending the meeting in person must follow COVID-19 measures, including social distancing and not coming to the meeting if unwell. If you decide not to come to the meeting in person, contact Anna Mardling to find out how you can attend online.