WHEN: Tuesday, 21 September 2021
WHERE: Liyan-ngan Nyirrwa Centre – NBY Office, 55 Reid Road, Cable Beach WA 6726
TIME: 12.30pm to 4.30pm. Decision will be at 4.00 pm. Lunch will be provided.
WHO IS INVITED?
The persons identified as native title holders in the Rubibi Native Title Determination No.2 (“Yawuru Community”), who are (the following contains the names of deceased persons):
- 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
- 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
- Aboriginal persons who possess high cultural knowledge and responsibilities in relation to the area described in the Yawuru determination area and:
- were born in; or
- 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
- 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.
BACKGROUND
Yawuru Native Title Holders Aboriginal Corporation RNTBC ICN 7033 (“Yawuru PBC”) have been negotiating an Indigenous Land Use Agreement (“Eco Beach ILUA”) with Kimberley Connections who own the Eco Beach Resort.
Negotiations commenced back in 2004 when Yawuru sent a letter to the State Government requesting that the Yardoogarra Water Reserve (which extinguished native title and on which the resort sits) be handed back to Yawuru.
The negotiations have progressed to the stage where it is time for the Yawuru Community to consider whether to consent to the Yawuru PBC entering into the ILUA. This decision will be made at the Yawuru Community authorisation meeting on 21 September 2021.
If agreed, the Eco Beach ILUA would provide Yawuru PBC and Yawuru Community consent for:
- the conversion of the existing Eco Beach Lease to Freehold to be held by Eco Beach;
- the conversion of the existing Yardoogarra Water Reserve to Conditional Freehold Title to be held by Yawuru;
- the grant of a lease to Yawuru for the Eco Beach airstrip with sublease to Eco Beach.;
- the grant of lease to Eco Beach for staff accommodation and carpark; and
- the grant of easements to Eco Beach and Yawuru over the road and also to enable beach access.
The Eco Beach ILUA also has a number of benefits for Yawuru which will be presented in detail at the meeting.
PURPOSE OF THE AUTHORISATION MEETING
At the authorisation meeting, there will be a briefing on the contents of the Eco Beach ILUA and then the Yawuru Community will be asked to decide whether to consent to the Yawuru PBC entering into the Eco Beach ILUA.
WHAT DECISIONS WILL BE MADE AT THE MEETING?
- Whether or not there is a traditional decision making process that must be followed in making the decisions that will be made at the meeting.
- If there is no traditional decision making process that must be followed, what is the agreed and adopted decision making process for the decisions to be made at the meeting?
- Whether or not to authorise the Yawuru PBC to enter into the Eco Beach ILUA.
MAP OF ECO BEACH ILUA AREA
CONSULTATION AND INFORMATION SESSION
Under the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth), the Yawuru PBC cannot make a decision to enter the Eco Beach ILUA unless it has consulted with and obtained the consent of the Yawuru Community. In order to assist Yawuru Community members to make an informed decision about the Eco Beach ILUA, a consultation and information session has been organised as follows:
WHEN: Monday 13th September 2021
WHERE: Liyan-ngan Nyirrwa Centre, NBY Office, 55 Reid Road, Cable Beach WA 6726
TIME: 4.00pm to 6.00 pm. Afternoon tea will be provided.
WHO IS INVITED: Yawuru Community as described above.
The consultation and information session will include a briefing on the contents of the Eco Beach ILUA.
Members of the Yawuru Community are also invited to contact the NBY office before or after the consultation and information session to receive an information pack, view the proposed Eco Beach ILUA or ask questions in the lead up to the authorisation meeting on 21 September 2021.
If you have any questions about the Eco Beach ILUA, please contact Rob Houston or Rachel McGarry at NBY on (08) 9192 9600. For travel assistance to and from the meeting please contact Caitlin Harnwell on (08) 9192 9600 on or before Tuesday 14 September 2021.
Please note: Travel Policy, no assistance will be provided to Yawuru Community Members who live outside the Kimberley to travel to the Kimberley, except in exceptional circumstances. Travel assistance will be provided from points of departure within the Kimberley