Country, Culture, People, Future

June 2019

Your chance to nominate for the 2019 Regional Achievement and Community Awards

Posted: June 21st, 2019

 

A statewide search has begun through Western Australia’s communities to find nominees for the 2019 Regional Achievement and Community Awards.

The focus of the awards is to acknowledge and thank inspiring individuals, groups and local businesses who are consistently finding ways to enrich the lives of others around them.

It is the valuable contributions from these special people that help make regional and rural WA a better place to live and work.

To give thanks to someone you know you can nominate them into one of these categories:

  • Prime Super Business Achievement Award
  • Prime Super Employer Excellence in Aged Care Award
  • Horizon Power Leadership and Innovation Award
  • Insurance Commission of Western Australia Regional Safety Award
  • RAC Volunteering Award
  • Community TAB Community Service Award
  • Rinehart Development of Northern Regional WA Award
  • Curtin University, School of Education Teaching Excellence Award
  • Woolworths Community Group of the Year Award
  • Ricoh Australia Customer Service Award
  • Department of Primary Industries and Regional Development Economic Development Award
  • Department of Local Government, Sport and Cultural Industries Making a Difference Award

An example of dedication and tenacity to contribute to community is Yamatji local, Thomas Cameron who has been nominated for the Horizon Power Leadership and Innovation Award. Thomas has been recognised for his contribution to the Littlewell Working Group who have strived to preserve the heritage of the Littlewell Mingenew Aboriginal Reserve.

Nominations close Wednesday 10th July 2019. For assistance please feel free to call the Awards Office on 9201 1155 or email wa@awardsaustralia.com

 

Native Title Compensation – what you need to know

Posted: June 19th, 2019

 

 

As a member and contributor to the National Native Title Council (NNTC), YMAC is pleased to share the NNTC’s Compensation fact sheet  that offers some clear guidance on a complex but highly important topic – loss of culture and Country.

The fact sheet outlines some of the precedents set by the recent High Court judgment in te Timber Creek native title compensation case and points that claim groups should keep in mind regarding their native title.

Once you have read the NNTC information, YMAC suggests you also consider the following regarding compensation for mining leases.

Mining leases do not extinguish native title, but they can have a significant effect on Country as well as destroy significant sites, disrupt the environment and contaminate water. The High Court’s recent decision did not talk about compensation where native title is not extinguished. Further court decisions will help explain the considerations for native title mining compensation. The Native Title Act does provide the following guidance:

  • When determining compensation for a mining lease, the court must consider how compensation would be calculated if the mining lease was instead over freehold land. Each State and Territory has its own law saying how to calculate mining compensation.
  • Compensation can only be awarded against a mining lease once. If a mine causes significant disruption after an award of compensation is made, no further compensation claims can be made. A claim group should be aware of this before making a compensation claim against an operational mine.
  • States and Territories can pass laws making the mining companies liable for native title compensation for mining. Several States and Territories have passed these laws.
  • A claim group can seek compensation for mining leases granted after the Racial Discrimination Act commenced (October 1975).
  • In general, if a mining lease is granted through an Indigenous Land Use Agreement (ILUA), a claim group cannot seek compensation beyond what is in the ILUA.
  • A claim group can seek compensation for a mining lease if it was granted without an agreement. This includes if it was granted because at the time there were no registered claims, or determinations over the area, or if it was subject to a successful Future Act Determination Application in the National Native Title Tribunal.
  • It may be possible to make a compensation claim for a mining lease even if there was a Right to Negotiate agreement (also known as a s31 agreement). However most s31 agreements contain either:
  • a “set off” provision, which means that any subsequent compensation award to be reduced by any payments made under the agreement; or
  • a “full and final compensation” clause, preventing the native title party from seeking any additional compensation.

If you have any questions please contact your Native Title Representative Body.