Yindjibarndi Information Booklet -Reduced

7/31/2019 Yindjibarndi Information Booklet -Reduced

1/56

!

!

Page1of1

! !

! "#$%'()$%#('*)#+#$(,-*).*)(/#*$!

"#$%&'''

()%*+%,-.*(/

0

12'3

4*56738'39':826738'39

'':'6;

?@A

@B@B

,C+*-:=270

@$@B@B

,C+*-82:>1>:=:>>

DEEF6GGHI.JKI+8(,2=;*+,-.+/#$

,-+,""-2(8##,

H,-+>",(1;I#,-J;":>$""8",

2EHIJ:F)+2=D+(K+,2(GK(-#39*:

0#,-L8"8/"$;(&

2="(&:@@'+C#,2M%N"-0=""-3

95#?+;O#29K=(8#;P#C(/9:''18

0=""-3#,-5+C=#"'

7((-'"3M)#,22=+;HIJ:/"C#

1;"+2+;#;('+-#,-+$#>$""8",

2GQ()"?"$2=+;

+8@($2#,2#>$""8",2)(,R2=#@@",+&2="#$>18",2;)+2=2)(8

"8/"$;(&2="

:@@'+C#,2M%S3'?+":''#,#,-:+'"",S#,-39#,-(2="$8"8/"$;(

&2="7+$'1451$$#

>$(1@M%C(,2+,1"2(;2#''1;&$(

88(?+,>&($)#$-G

% :,3-"C+;+(,2=#2#&&"C2;*+,-.+/#$,-+C(1,2$3,""-;2="&1''#,-

+,&($8"-C(,;",2(&

2="*+,-.+/#$,-+@"(@'"GQ()"?"$91,-"$2="N#2+?"K+2'"'#)9:IIT8"8/"$;(&2="

:@@'+C#,281;2;@"#(,,()+;>$"#2'3=#$8+,>(1$,#2+(,M%#CC1;#2+(,;9>(;;+@#,-

+'3C(,&'+C2;#$"/"+,>1;"-;"'&+;='3GO'"#;"'(("3(12(@122="/","&+2(&

2="*+,-.+/#$,-+,#2+(,&+$;2M%/"&($"2=">(;;+@#,-+'3@('+2

+C;G

% *:0,""-;3(1$;1@@($29#,-)

"=#?")($+,>1;2(2=+;

@(+,2)="$")"C#,8#$""8",2(,

2"$8;2=#2#$"

C(,;+-"$"-2(/"2="/";2+,2="O+'/#$#G7"=(@"3(1C#,;1@@(

$21;G

% B'411=;182%8*315''($-"1,

%44%$*-8''3($-"1,%33/'&''3($-?

% NedMayinbunguCheedy

StanleyWarrie

MichaelWoodley

W'-"$(&*+,-.+/#$,-+

%

0=#+$8#,9*:0

%

0WX9*:0YBVZYZTV[Y

% 6($*7(+%8$*(C+18(-($%4.18@18%3(1$

OQ\EY]FZV]AVBZT($EY]FZV]AVVB

V

H&3(1=#?"#,3^1";2+(,;9@'"#;"C

(,2#C21;($

O=+'!#?+";9O1/'+CX&&+C"$\YBAZVVYBLV

[email protected]

m

[email protected]

www.yindjibarndi.org.au


2/56

CONTENTS

!Letter from Yindjibarndi Aboriginal Corporation!Together we Stand!RTIOFMG Deals Compared!Chained to FMG for Life!The Damage of Disunity!We Must Stop Fighting!

Community Development!Applicants & PBC Explained!What is Lateral Violence!Yindjibarndi Want Equality!The Magic of Ganyjingarringunha!Michael Gallaghers Role!Evidence by Savas About Gallagher!FMGs Unhappy Deals


3/56

DIVIDEDWE FAIL

DISUNITY IS DEATH

ALL FOR ONE

ONE FOR ALL

TRUTH

HEALING

WE ARE ONE PEOPLE

Our Elders always

taught us to stick

together

UNITED

WE STAND

STRONG


4/56

We have a great opportunity inthe weeks and months ahead to

leave our children a GIFT the gift of working togetheras ONE PEOPLE, &

the gift of honest and fairagreements with any MiningCompanies

We now have a real

chance to take a

step back to takea deep breath &

think about how wecan all heal the hurt

A GREAT OPPORTUNITY FOR YINDJIBARNDI

This booklet provides very important information for

Yindjibarndi people when making decisions about Rio Tinto AgreementFMG AgreementYindjibarndi #1 Claim


5/56

But we need to be careful

because if we do not find a way

to come together as one unitedbody we will wreck our

CULTURE BIRDARRA LAW

COMMUNITY FAMILY SPIRIT

LANGUAGE HISTORY FUTURE

We the Yindjibarndipeople have worked

hard to putYindjibarndi in the best

position to make goodstrong agreements thatwe can be proud of and our children will

thank us for

Future generations will have to live with theactions & the decisions we make today

We are ALL responsible

WE NEED TO TAKE GREAT CARE OFYINDJIBARNDI


6/56

OUR PROMISEWe will work to keep our

Yindjibarndi spirit strong to be true to our Elders and Country

we will stand strong for fairMining Agreements that will give

Yindjibarndi control of what ishappening to our old peoples

Ngurra and bring some good

benefit to our people

The Yindjibarndi Aboriginal Corporation all itsmembers & Directors make a promise to reach

out to ALL parts of our community, and work

towards reconciliation, healing and a lasting unity


7/56

FMG Deal

The Rio Tinto and FMG Deals COMPARED

RIO TINTO Deal

INDEPENDENCE &SELF GOVERNANCE

Long-terminvestment & good

relationshipto help Yindjibarndi

business &community grow and

be safe This is a

REALCOMMITMENT

DIVIDED &CONTROLLED

No long-terminvestment

conflict &bad relationships FMGs deal will notsupport & build an

independentYindjibarndi

community orstrong businesses FMG CONTROL


8/56

RIO TINTO Deal

For 4 years Yindjibarndi AboriginalCorporation has worked hard to

improve Rio Tintos original offer, &Rio Tinto have improved the offer

Yindjibarndi have been

negotiating with FMG for 5years but FMG will not makean o er that is air

FMGwant Yindjibarndi to signaway ALL our country for aRoyalty that WILL NEVERrise

above $4 million a year

in a contract that will CHAINALL future generations

FMG DealYindjibarndi & Rio Tinto are

committed to reaching anagreement

YAC now want to put the Rio Tintooffer to all Yindjibarndi people for

your approval

We now have 6 months to workwith Rio Tinto to make a FINAL

Land Use Agreement

The Yindjibarndi Aboriginal

Corporation strongly advisesthat Yindjibarndi people DO

NOT sign FMGs ILUA

YAC will not make an Agreementwith FMG until FMG make a

BETTER offer an offer on thesame level as Rio Tinto

There is no rush no pressure we can take our own time to get the

best outcome for ALL


9/56


10/56


11/56

RIO TINTO Deal

0.5% of value of all ironmined NOT CAPPED

GROWING MININGROYALTY

FMG Deal

$4 million per yearCAPPED for the life of

ALL FMG mining projects

FOR EXAMPLEIf RTIO were mining Solomon at60 million tonnes per year likethe FMG mine at Firetail Yindjibarndi would receive$42 m per year Royalty(at $140 per tonne)

If ore price and tonnages grow,this income of$42 m per yearwill also GROW

FOR EXAMPLEIncome to Yindjibarndi from FMGstays fixed at $4m per year No matter how high the iron

ore price grows No matter how much iron ore is

mined & exported No matter how many new FMG

mines are started For as long as FMG continues to

mine in Yindjibarndi country,the $4m per year will stay thesame

NEVER CHANGINGMINING ROYALTY


12/56

0!20!40!60!80!

100!120!140!160!

RIO TINTO!FMG!

RIO TINTO Deal

EXAMPLE: Over 4 years of production,for just ONE Mine producing 60 million tonnes per year,

how much mining royalty would Yindjibarndi receivefrom Rio Tinto? And how much from FMG?

(On a mine like the Firetail Mine at Solomon.)

FMG Deal

Millionsofdollars

$42m

$168m

$4m

$16m

Royalty paidEach Year

Total RoyaltyAfter 4 Years

RIO RIOFMG FMG


13/56

RIO TINTO Deal

EXAMPLE Mining Royaltycomparedover the 20 ear life of ust one mine

How much mining royalty would Yindjibarndi receive from Rio Tinto?And how much from FMG?

(On a mine like the Firetail Mine at Solomon.)

RIO.05%

FMGCapped

FMG Deal

100 200 300 400 500 600 700 800 900

$840million

MINING ROYALTY MILLIONS OF DOLLARS 20 YEARS

$80million

100 200 300 400 500 600 700 800 900


14/56

RIO TINTO Deal

1.5 cents per tonnefor ALL ore freightedthrough Yindjibarndi country

RAIL PAYMENTS ZERO RAILPAYMENTS

FMG will payNO TARIFF on railthrough YindjibarndicountryPayment starts when

agreement signed On current rail tonnagesincome from rail will be$3.4 m per year

Increasing to$5.3 million

per year by 2015(RTIO exports will increaserapidly from 225 to 353 milliontonnes per year by 2015)

ZERO

ZERO

ZERO

ZERO

FMG Deal


15/56

RIO TINTO Deal

EXAMPLE Rail Tariffearnings comparedover 10 years

Today Rio Tinto rail freights !"#$%&225 million tonnes a year

By 2015 capacity will grow to 353 million tonnes a year so within 3 years the Rail Tariff will grow by another third

RIO

FMG

FMG Deal

0.0 3.4 8.7 14 19.3 24.6 29.9 35.2 40.5 45.5 50.8

$50.8 million from the Rail Tariff over 10 ears

ZERO

MILLIONS OF DOLLARS

20

13

20

14

20

15

20

16

20

17

20

18

20

19

20

20

20

21

20

22

20

22

RAIL TARIFF grows from$3.4 million/year to

$5.3 million/yearby first half 2015

=


16/56

0!10!20!30!40!50!60!70

!80!90!

100!

2013

2014

2015

2016

2017

2018

2019

2020

2021

2022

2023

2024

2025

2026

2027

RIO TINTO! FMG!

RIO TINTO DealEXAMPLE How RIO royalty will rise far above FMGwhen Rio Tinto mining starts in about 10 years time(Based on one mine of 60 million tonnes/year, at current price of $140/tonne)

At the start RIO would pay only RAIL royalty(until RIO starts mining)

By 2015 RIO RAIL would grow greater than FMGMINING royalty

When RIO starts mining in about 10 years time,RIO royalty will quickly rise far above FMG

The more iron ore RIO mines the more theypay

FMG will never pay more than $4 million Even if RIO never start mining their RAIL

royalty will be greater than FMG MINING royalty

FMG Deal

RAIL

RAIL

RAIL

RAIL

RAIL

RAIL

RAIL

RAIL

RAIL

MINING

MI

NING

M

INING

M

INING

M

INING

M

INING

M

INING

M

INING

M

INING

M

INING

M

INING

M

INING

M

INING

M

INING

M

INING

RIO

MININ

GSTARTS

M

illionsofdollars

M

INING

M

INING

M

INING

M

INING

M

INING

M

INING


17/56

RIO TINTO Deal

For the benefit ofWirlu-Murra members only

BUSINESS DEVELOPMENT

CONTRACTING CAPPED at $3million per year

EMPLOYMENT & TRAINING(VTEC) CAPPED at $1.5 millionper year

EMPLOYEE HOUSING &TRANSPORT $3 million peryear

CULTURAL HERITAGEMANAGEMENT

CULTURAL AWARENESSTRAINING

FMG DealOTHER BENEFITS

For the benefit of ALLYindjibarndi people

BUSINESS DEVELOPMENT CONTRACTING UNCAPPED EMPLOYMENT & TRAINING

UNCAPPED

EMPLOYEE HOUSING &TRANSPORT UNCAPPED

CULTURAL HERITAGEMANAGEMENT

CULTURAL AWARENESSTRAINING

Details to be negotiated

OTHER BENEFITS


18/56

RIO TINTO Deal

PROTECTINGHERITAGE & CULTURE

FMG Deal

YAC have already made a HeritageAgreement with Rio Tinto that

works well.

Rio Tinto supports Funding to video record all

culture & heritage information forthe Yindjibarndi archive & forfuture generations

Section 18 applications properlynegotiated with an independentmediator with plenty of time toreach a COMMON outcome BEFORE Rio submits a s18Application

WEAK PROTECTIONOF HERITAGE &CULTURE

FMG will not agree with YAC ona fair Heritage Agreement.

FMG will not allowYindjibarndi people to recordtheir own culture & heritagesites with video.

FMG demand thatYindjibarndi will not opposeFMGs Section 18 Applications

FMG has pressured heritageconsultants to change theirreports to weaken & damageour heritage values


19/56

Chained to the FMG Deal for lifeOUR COUNTRY LOCKED

AWAY WITH FMG FOR ASLONG AS FMG WANTS

IF FMGs Agreement is signed,Yindjibarndi will give away

control of HALF of ALL

Yindjibarndi Ngurra to justONE Mining Company FMG.

If we sign with FMG we will belocking our childrens futurerights into one of the worstAgreements in the Pilbara.

This FMG Agreement will closethe door for a BETTER

outcome on over half ourcountry FOREVER

FMGs contract states that This Agreement survives anydetermination of native title in

the Agreement Area.This means that if FMGs

Agreement is signed even ifYindjibarndi won EXCLUSIVE

POSSESSION native title rightsin the Yindjibarndi #1 Claim

area this would not count foranything the FMG agreement

would wipe out those rightsbefore they have even had achance to be heard & decided by

the Federal Court

REAL RIGHTS IN THE Yindjibarndi#1 CLAIM would be wiped out &

worth nothing


20/56

FMG TENEMENTS [IN RED] ALREADY COVERHALF OF ALL YIND IBARNDI COUNTRY

An Agreement with FMG will lock inall the RED areas straight away

AND ALSO all FUTURE FMGtenements in Yindjibarndi country

into the $4 million per yearpayment.

FMG holds moretenements inYindjibarndicountry than

any othermining company

by far


21/56

DIVISIONof

The DANGER

While Yindjibarndi fighteach other all

Yindjibarndi will lose

Only FMG wins


22/56

FMG is trying to beat Yindjibarndi by using the fighting in our communitywith a BIG MOB OF MONEY for lawyers.

With this money that Wirlu-Murra is getting from FMG they are attacking & tryingto break YAC in two courts the Su reme Court and the Federal Court.

LEGAL ATTACKS ON YIND IBARNDI

SUPREME COURT ACTION AGAINST YACIn 2011 Wirlu-Murra lawyers started an action in the Supreme Court on behalf ofAileen Sandy, Sylvia Allan and Mavis Pat.

In this action Wirlu-Murra accuses YAC of misusing Yindjibarndi money. Thisaccusation about YAC is a lie. They are telling this lie because they want to shut downYAC business because YAC WILL NOT sign the FMG Agreement.

This accusation has already been investigated by the Office of the Registrar ofIndigenous Corporations (ORIC), who found that there was no evidence of fraudulent

transactions which means that YAC has done nothing wrong.

FEDERAL COURT 66B ACTIONWirlu-Murra lawyers are also attacking YAC in the Federal Court.

This action wants to get rid of Ned Cheedy, Thomas Jacob, Allum Cheedy and MichaelWoodley as members of the Applicant for the Yindjibarndi #1 claim and take control ofthe YAC only because they do not and will not agree to the FMG agreement.This agreement is bad for the Yindjibarndi nation.


23/56

FMG tells their investors FMGs aim is to become the LOWEST COST iron oreminer in the Pilbara region of WA meaning that FMG keeps more of the $280Billion from the Firetail mine at Solomon and pays less to Yindjibarndi.

What FMG want most of all is to get Yindjibarndi to sign away their native titlerights in a land use agreement over ALL Yindjibarndi country.

WHYbecause this clears all FMG mining operations in Yindjibarndi country at

theLOWEST POSSIBLE COSTto FMG & the greatest profit to FMG investors.

The fight in the Yindjibarndi community is helping FMG to get the meanest, mostshameful possible agreement to mine Yindjibarndi country

and will rob our children & cause terrible long-term damage to ourcommunity.

WHY IS FMG WORKING TO SPLIT YINDJIBARNDI ?

FMG are pushing WMYAC to get rid of Ned Cheedy, Thomas Jacob, Alum Cheedy,Michael Woodley, and now, Mavis Pat

because they will not agree to sign FMGs agreement.

Once these 5 Applicants are kicked off then the Agreement that Aileen Sandy andSylvia Allan have already signed with FMG

will becomebinding for ALL Yindjibarndi people.

WHY FMG & WMYAC WANT TO GET RID OF FIVE YINDJIBARNDIAPPLICANTS


24/56

any agreement made between theYindjibarndi & any mining companyCANNOT be made unless ALL theApplicants of the Yindjibarndi #1 Claimsign together acting as one

otherwise it will NOT be a proper legalagreement with the Native Title Tribunal

Mavis Pat has pulled out of the FederalCourt action because she did not

understand what she was signing forWMYACs lawyers

Now that she does understand, shethinks it is a bad thing to go against Ned

Cheedy and country.

MAVIS PATSWITCHES TO

YAC

REMEMBER


25/56

The Yindjibarndi #1 Claim inGanyjingarringunha (in the Hamersley

Ranges) is not yet determined.

The YAC want to fight for theSTRONGEST native title rights for theYindjibarndi #1 Claim this is calledEXCLUSIVE POSSESSION native title.

The Yindjibarndi #1 Claim is a STRONGCLAIM because most of this country is

UNALLOCATED CROWN LAND (UCL) ALSO there is no extinguishment ofYindjibarndi native title rights in thisUCL area.EXCLUSIVE POSSESSION is thestrongest kind of native title rights. It ismuch more powerful than our NON-EXCLUSIVE native title in the northernpart of our country (the originalDetermination area) because it givesus the right of possession, occupation, useand enjoyment of the determination area TOTHE EXCLUSION OF ALL OTHERS

This is exactly what FMG wants to use Wirlu-Murra to break YAC

and the Yindjibarndi #1 Claim.

WHY because we refuse to signaway our native title rights toFMG in a bad Agreement andbecause we are fighting forEXCLUSIVE POSSESSION native

title rights on our country.

FMG is backing Wirlu-Murra todestroy our chance forEXCLUSIVE POSSESSION nativetitle rights.

If the Wirlu-Murra-FMG

agreement is registered, theopportunity for EXCLUSIVEPOSSESSION native title rightswill be lost forever.

WRECKING YINDJIBARNDI #1 NATIVE TITLE


26/56

EXCLUSIVE POSSESSION native titleis more like freehold title like allAustralians who own their houses.

With EXCLUSIVE POSSESSIONnative title in the Yindjibarndi #1Claim, it means Yindjibarndi willlegally own the land and otherscannot enter the land withoutYindjibarndi permission

YAC wants all of us Yindjibarndi tofight for the EXCLUSIVE POSSESSIONrightsin theYindjibarndi #1 Claim asONE PEOPLE because thenYindjibarndi will have a legal right toclaim PROPER COMPENSATION we can sue them for taking our land

without our consent but we can ONLY sue if we DO NOTsign away these EXCLUSIVEPOSSESSIONrights to FMG in theAgreement supported by Wirlu-Murra

FMG is backing WMYAC to break our Yindjibarndi #1 Claim

Wirlu-Murra members have already

risked the Yindjibarndi #1 Claim bysigning statements (affidavits)supporting FMG court cases, where theyrubbish the evidence of Ned Cheedy andMichael Woodley about the Yindjibarndiheritage values in the Claim area.

In May & June 2011 Wirlu-Murramembers attended the Aboriginal

Cultural Material Committee (ACMC)meeting in Perth.

These meetings were to talk aboutFMGs Section 18 Application todestroy, damage or remove Yindjibarndiheritage and sacred sites.

Wirlu-Murra members did not defendYindjibarndi culture against FMGsSection 18 Application instead theysupported FMGs Section 18 Applicationto destroy the country.


27/56

Now FMG have opened another attack on

Yindjibarndi They are using another set oflawyers to ask the Federal Court to order that FMGbe joined as a party to the Yindjibarndi #1 Claim.

FMG said to the court, we wish to ensure that anynative title rights and interests determined by thishonourable court to exist and be exercisable by the

Applicant [the Yindjibarndi] do not prevent the doing

of any activity required or permitted to be done by[FMG] and that FMGs interests prevail over anydetermined native title rights and interests.

This means FMG want to make sure that FMGsmining rights will always be stronger than anyYindjibarndi native title rights in the Solomon Hubarea.

If joined as a party, FMG will use the evidence givenby Wirlu-Murra to the courts to fight against YACand kill the EXCLUSIVE POSSESSION native title ofYindjibarndi in the Solomon area.

FMG NOW WANTS TO KILLTHE YINDJIBARNDI #1 CLAIM

This attackstrikes at theheart of ourfuture and

our successas a

Yindjibarndination


28/56

The division of Yindjibarndi people fuelled by FMG is a TIME BOMB.

This division seriously damages our chance to get thebest outcomes in Mining Agreements and ourEXCLUSIVE POSSESSION native title rights.

By taking sides with FMG Wirlu-Murra are workingagainst the interests of our community today and all

future generations.

Wirlu-Murras actions will help FMG to destroy

cultural places to chain Yindjibarndi into a bad deal and finally to destroy YAC.

TIME BOMB


29/56

The attack by Wirlu-Murra on YAC in the Supreme& Federal Courts now risks wrecking the

negotiations between Yindjibarndi & Rio Tinto.

FMG are paying for yet another team of lawyers todeal directly with Rio Tinto on behalf of Wirlu-Murra.

If Yindjibarndi want to get a good and fair outcomefrom the native title process, we should join

together in making the best agreement with RioTinto and reject the terrible agreement FMG

want to force on us.

RISK OF WRECKING RIOTINTO NEGOTIATIONS


30/56

If we do not come together and FIX our problems all Yindjibarndi will lose.

If we keep arguing & fighting in the courts and amongst our families we

will be putting more and more bad feeling and suffering on ourselves AND

our children will learn from our example they will carry the damage.

THE DANGER FOR YINDJIBARNDI if we dont support each other and dont

keep Yindjibarndi knowledge true and strong, is that we will never win NativeTitle on the Yindjibarndi #1 Claim ngurra and then we will never make a fair

agreement for that country where FMG want to mine.

SO WE HAVE A SERIOUS CHOICE TO MAKE ABOUT THE DECISION WE

PASS ON TO OUR CHILDREN

We must follow the example of our Elders who supported each other, and

held strong their deep passion for our culture, our country and their families We must come together make a good & honest Agreement and win the

Yindjibarndi #1 native title claim

OR we will drag our people into a never-ending fight and leave ourcommunity with bitter feeling and heartbreak.

We need to see clearly through Yindjibarndi eyesWE MUST STOP FIGHTING EACH OTHER

We know how hard it is when we are divided amongst ourselves. If we keep takingan eye for an eye we will make the whole of the Yindjibarndi People blind.


31/56

PUTTING OUR ROYALTYTO WORK

to educate our youth, invest intobusinesses and careers and good jobs,according to the dreams and talents of

our people

we will not accept less than a fair royalty

to build our Yindjibarndi

Community Development & Investment

Fund

DEVELOPMENT

YINDJIBARNDI

COMMUNITY


32/56

As a Trustee of the Yindjibarndi People, YAC must

act in the best interests of both present-day andfuture generations of the Yindjibarndi People.

In negotiating with Rio Tinto, YAC have beenstrong in negotiating fair compensation. This isimportant so that Yindjibarndi can invest in ourcommunity development programs for the long-term that supports our INDEPENDENCE

health, housing, education, governance, business &the survival of our precious Yindjibarndi culture.

AS A TRUSTEE OF

THE YINDJIBARNDI

PEOPLE

OUR SERIOUS

RESPONSIBILITY


33/56

Yindjibarndi want to guarantee that, if we must sacrifice our

heritage and our ngurra for mining, we receive real

economic resources to develop our future A BIG NEST-

EGG we can pass on to following generations, who will not

have the same opportunity to do these agreements.

We want to set up a YINDJIBARNDI INVESTMENT &

DEVELOPMENT FUND a fund that we can use to educateour youth, invest into businesses and careers according tothe dreams and talents of our people and not according to

what Twiggy Forrest and FMG want black fellas working in

FMG mines.

Yindjibarndi are now determined to stand our ground as

native title holders, and take control of how we develop ourcommunity. We will not accept less than a fair royalty to

build our YINDJIBARNDI COMMUNITY DEVELOPMENT &INVESTMENT FUND.

MAKING OUR MONEYWORK FOR US


34/56

In making an agreement with Rio Tinto YAC wantto provide strong and secure support across our

whole community.

GOVERNANCE A properly resourced Yindjibarndi Prescribed Body

Corporate (PBC) capable of managing land access agreements

and capable of supporting our own governance in localYindjibarndi affairs.

Making sure that all Yindjibarndi voices are heard andrepresented, and that their concerns and ideas are discussedand addressed.

Yindjibarndi leadership program to help our young people tolearn & grow into the leaders of tomorrow.

HEALTH Financial support for all our people with health problems. Making sure our people get the best medical attention. Assistance to families to support family members who are ill. Promotion of long-life and healthy living habits. Actively addressing problems of drugs, alcohol and family violence.

HOUSING Assistance to all

Yindjibarndi people to

live in good homes.

Assist our people tobuy their own homes.

Help our people toaddress maintenanceand safety issues intheir homes.


35/56

MORECOMMUNITY

DEVELOPMENTPORTFOLIOS

EDUCATION Education Trust for all ages

including university and adulteducation. Assistance for our brightest kids

to go to the best schools and goas far as they can in theireducation.

A Yindjibarndi Institute forCulture & Country focusing onenvironment and naturalresource management;traditional health; culturaltourism; cultural recording andmedia; indigenous knowledge

management. Rangers Education & Training

Program for looking aftercountry.

BUSINESS Business Plan that provides solid support

for growth of Yindjibarndi businesses. Strategic development of businesses in

partnership with Rio Tinto and othercompanies.

A plan to grow the royalty money weget by investing it wisely.

Research and development of SKILLSneeded to build Yindjibarndi finances &

keep them safe. Millstream National Park partnership.


36/56

THE SURVIVAL OF OURPRECIOUS YINDJIBARNDI CULTURE

Support for keeping Yindjibarndi Law & Culture language, arts, media and music aliveand strong.

COMMUNITY Developing a strong and united community by

supporting community leaders to drive and implementthe Yindjibarndi Vision.

Support for community and cultural events like Ngunda,ceremony, celebrations, and sports that bring our

people together

Community clean-up programs The YAC Prescribed Body Corporate want to make

sure we are assisting with developing all our

organisations to their full potential, including

! Cheeditha! Ngurrawaana! Yinjaa Barni! Wirlu-Murra!Juluwarlu

The funds that are allocated to YAC through the RioTinto deal will help us to achieve this.

MORECOMMUNITY

DEVELOPMENT

PORTFOLIOS


37/56

Yindjibarndi Aboriginal Corporation is proud of the work it

has done to defend Yindjibarndi country against the attack byFMG in not letting Mr Forrest walk away with our country

for next to nothing in gathering evidence and making the

connection report for the Yindjibarndi #1 Claim in

progressing negotiations on a fair and honest basis with Rio

Tinto and other responsible companies.

Juluwarlu too is proud of its work in recording and preserving

our culture through our books, videos, massive archive of

cultural information, language information, photos, and oldvideo work that has been recognised nationally across

Australia as a unique and outstanding achievement. We are

also proud to bring you our broadcast of Ngaarda Radio & TV

including rebroadcasts ICTV and NITV.

Because Juluwarlu has recorded Yindjibarndi history &

culture for the past 12 years, this knowledge will always be

there for our people. Future generations will have thecomfort of holding in their hands our deepest knowledge

without worrying about Yindjibarndi history being lost.

ALREADY A PROUD

RECORD OF ACHIEVEMENT


38/56

PBC means Prescribed Body Corporate In 2005 the Federal Court appointed Yindjibarndi Aboriginal Corporation (YAC) as thePBC body which holds and manages the native title rights in the northern half of traditionalYindjibarndi country the original DETERMINATION AREA YAC holds these rights in Trust for the Yindjibarndi People for both the presentgeneration, and all future generations of Yindjibarndi people YAC is the chosen representative institution of about 1200 to 1500 persons who currentlycomprise the Yindjibarndi People As the legal owner of the native title rights, YAC must act on behalf of the YindjibarndiPeople regarding all native title matters in the original DETERMINATION AREA These rights cannot lawfully be passed to any other body YAC, and only YAC, can negotiate any agreement and hold payments of money, received ascompensation or otherwise related to the native title rights and interests, in trust for the

Yindjibarndi people YAC must seek prior informed consent of all Yindjibarndi people before entering intoagreements Agreements made with proper consent are binding on all the Yindjibarndi people

YACs objective is to maintain, protect, promote and support the culture, native titletraditions and customs, economic development, interests and social progress of theYindjibarndi People and provide environmental, social, economic and cultural benefits

and education, training and employment for Yindjibarndi people and other Aboriginal

people [quoted from YAC Constitution]

What is the PBC & what is its role?


39/56

The Yindjibarndi #1 Native Title Claim was lodged in the Federal Court on 23 July 2003 It is a strong native title claim Today the surviving members of the Applicant named on the Claim are Ned Cheedy,Sylvie Allan, Mavis Pat, Thomas Jacob, Aileen Sandy, Alum Cheedy and Michael Woodley Normally, it is the members of the Applicant who jointly exercise acting in unity andas one the right to negotiate about things that affect traditional rights in a native title

CLAIM area on behalf of all members of the Yindjibarndi native title group However, in 2008, the Yindjibarndi People unanimously decided to end their relationshipwith PNTS, and asked the members of the Applicant for the Yindjibarndi #1 Native TitleClaim to appoint YAC as their Agent A Federal Court FORM signed by ALL members of the Applicant was then lodged in theFederal Court on 23 February 2008 this means that YAC now exercises the right to

negotiate Yindjibarndi #1 Native Title Claim matters on behalf of the Yindjibarndi People YACs authority to act as the Agent for the Applicant had to be given by the unanimousdecision of all members of the Applicant for the Yindjibarndi #1 Native Title Claim and

this authority can only be removed by way of a unanimous decision made by the seven

remaining members of the Applicant for the Yindjibarndi #1 Native Title Claim Since no such decision has ever been made to remove YACs authority, YAC remains theAUTHORISED Agent for the Applicant and exercises the right to negotiate on behalf of

the Yindjibarndi People

Who are the Applicants & what is their role?


40/56

The Australian Social Justice Commissioner (Mick Gooda) has talked about the damage of

lateral violence within Aboriginal communities struggling with native title issues.

Lateral violence is sideways violence or violence being turned INWARD, on each other.

This sort of violence has its roots in colonization where the oppressor controls the oppressedresulting in:

Powerlessness Breaking down of traditional roles, structures and knowledge Attacking and undermining the culture and humanity of the oppressed Creating conflict and confusion about identity Low self esteem1)This sideways violence includes gossiping, jealousy, bullying, shaming, social exclusion,

family feuding, organizational conflict and physical violence. It tears apart communitiesall over the world.

2)It happens when we cannot hit back at the oppressor so we take out our anger,frustration, resentment, and bad feelings against the people nearest to us. Some peopletry to be like the oppressor so that they can feel good about themselves.

3)Information from around Australia says that many communities are experiencing thissideways violence. Tensions exist in all human families and communities but Native

Title throws fuel on the fire in some communities. Native Title can provide many goodthings for the future but it can also be a big cause of sideways violence.

4)Each of us is responsible for our own behaviour in the area of violence. However it helpsto understand that Yindjibarndi are not the only ones to have their community dividedover native title.

5)It is important to understand what causes this sideways violence and to put in placedispute mediation structures to prevent it.

6) The powerful will continue to control us if we give in to sideways violence.

WHAT IS LATERAL VIOLENCE?


41/56

Andrew Forrest and FMG want to strip huge wealth out of our ngurra by mining resources that arenot renewable, and can only be mined and sold once.

Andrew Forrest and FMG say that they will never agree to an uncapped royalty to our people aroyalty like the one Rio Tinto offers in return for what they take. They say it will not be good forour community. What they are saying is that Aboriginal people, unlike white people, cannot managemoney and will waste it thats why they will not pay fair royalties.

What Andrew Forrest and FMG are saying is that Aboriginal people are not as clever or responsible aswhite people and their corporations who do get uncapped royalties.

In the mining business world anyone who pegs a piece of country with an exploration tenement is paidwhatever the going rate of royalties is when they do a deal with a miner like Rio or BHP or FMG. Thatrate can be anything from 1% to 5% UNCAPPED.

For example, Hancock and Wright got a 2.5% share of the billions of dollars worth of iron ore sold

from Rio Tintos Hamersley mines. Gina Rinehart still collects these royalty monies many hundredsof millions of dollars over the years which she has used to build her business empire and makeherself Australias richest woman.

Today Fortescue is negotiating a mining deal with Kerry Stokes that includes $20 million upfront anda production royalty of 2% - 5%. This is a hundred times better than what he is offering Yindjibarndi.

But the idea that Traditional owners in Western Australia should also have this right is not acceptedby people like FMG and Andrew Forrest.

From their multi-billion dollar operations in our country, FMG are offering Yindjibarndi just $3 million

a year (plus $1 million to elders). This will barely run the Yindjibarndi PBC as a capable stand-aloneorganisation.

FMGs bare-minimum offer to Yindjibarndi will never provide the resources to make a real differencefor the Yindjibarndi people. The deal from FMG will keep us as beggars in our own land.

We need a fair deal and royalties so we can plan, carry out and control our future development.

YINDJIBARNDI WANT EQUALITY FROM FMG


42/56

one of the last undisturbed ngurra of our oldpeople dating back tens of thousands of years

of great importance, not only

to the Yindjibarndi People, but

to all peoples of the world

All Yindjibarndi Ngaarda know that the Maargacreation spirits still live in the country in ourrivers, creeks, springs, and hills and that they

see and feel everything that happens. This is why wehave to keep our religious beliefs, rituals and

ceremonies to look after country by keeping

strong its heartbeat and energy the Birdarra.

Ganyjingarringunha


43/56

In evidence given to the Native

Title Tribunal, the Federal Court

and the Mining Warden about

the Solomon mining area,

Yindjibarndi Lawmen talked

about the existence of sacred

water courses and ochre sites

a healing site called

Tharndibirndinha Marnda

ngurra where sacred stones for

initiation ceremonies are found

by asking the country and a

great manyyamararra (caves) &rock shelters, some of which

contain the physical remains of

ancestors

others hold the sacred gear they

used in ceremonies in the nearby law

grounds of Garliwinyjinha and

Wilumarranha and others

contain relics demonstrating their

use, as shelters, for our old peopleover thousands of years stone

tools, storage holes, stone

arrangements, scar trees, grinding

patches, millstones, camp sites and

fire places, rockholes, springs and

permanent pools, old law

grounds

This evidence came long before the

first discovery of skeletal remains

by FMG archaeologists because

elder Ned Cheedy knew they were

there.

Gambulanha is

like a brain


44/56

Yulbirirri Thurru ritualThe Yulbirirri Thurru ritual

makes the young man and

country one, so that he is

accepted by all the elements of

the country as a Binrri (man).

Yindjibarndi Lawmen explained

to the court how the heart and

spirit of Gambulanha sang andspoke its knowledge cast its

eye over everything opened

its ear to the birds, plants,

animals and the Ngurrarangarli.

They said that Gambulanha was

like a brain that reacted to all

Yindjibarndi movements oncountry and triggered all sorts

of powerful natural events.

Yindjibarndi gave evidence saying that

each of the Ngurra for each of theGalharra has its own spiritual energy,

which is very powerful, and that each

Ngurra holds the spirits of our

ancestors who belong there.

Yindjibarndi explained how these

spirits look after us and help us but

can also hurt us if we disrespect our

Ngurra.

Yindjibarndi Lawmen also explained

the Yulbirirri Thurru ritual where the

grandfather showed young men going

through Birdarra Law to the spirits of

our country, explained to them how

to show their face to the face of the

Gambulanha mountains where theycan find the true reflection of

Yindjibarndi-self and take in the

Yindjibarndi knowledge that flowed

out of the Hamersley Ranges.


45/56

Our old people and the Maargaare watching us

All Yindjibarndi know that according to Birdarra, allYindjibarndi people, Yindjibarndi language and Yindjibarndi

country are not separate things, but part of one world called

Yindjibarndi, which has existed since the creation time of

the Ngurranyujunggamu.

All Yindjibarndi know that they are Ngurrara for country, and

if something happens to their country that is wrong underYindjibarndi Law, they will suffer because for Yindjibarndi,

their country is alive and connected inside them, and it cangrab any Yindjibarndi in a way that makes them very sick

like being pulled down into the ground.

This is why Yindjibarndi Ngaarda must look after Yindjibarndi

country.


46/56

WHAT IS MICHAEL GALLAGHERS ROLE?

Michael GallagherFormer FMG Manager

Land Access Division

Alexa MorecombeFMG Lawyer

FMG Staff observing Native TitleTribunal meeting August 2010

Michael Gallagher Who does he serve?Why did he leave FMG to work for Wirlu-Murra?

Who pays his fees?How much does he get paid?


47/56

MICHAEL GALLAGHERS ROLE

Michael Gallagher worked in-house for FMG for 5 years.

He was first employed in FMGs heritage team as ananthropologist in 2005.

He rose to the level of Aboriginal Access & OpportunityManager in FMGs Land Access Division.

His job involved ensuring that[FMGs] grant of projecttenure is not delayed on account of approvals under theNative Title Act and managing the implementationof the Land Access Agreements that Fortescue has with the

Native Title Claimant Groups.

Mr Gallagher was involved in managing FMGs businesswith the Palyku people for outcomes that the Palykunow bitterly regret.

In mid 2010 when YAC refused to sign the agreementFMG was offering Mr Gallagher was sent to Roebourne

to set up an FMG office to answer any questions

Yindjibarndi people had about FMGs Agreement.He stayed on to organise the first FMG heritageclearance surveys with some Yindjibarndi who brokeaway from YAC, and then he helped them establish theWirlu-Murra Aboriginal Corporation.

THENMICHAEL GALLAGHERAboriginal Access &Opportunity Manager inFMGs Land AccessDivision


48/56

MICHAEL GALLAGHERS ROLE

In December 2010 when FMG were no closer to getting anagreement with Yindjibarndi Mr Gallagher suddenly resignedfrom FMG & within a week was working as a consultant forWirlu-Murra.

According to lawyer Kerry Savas, who worked closely withWirlu-Murra, Gallagher is paid $35,000 every month to manageWirlu-Murra business & advise members of Wirlu-Murra.

This work includes supporting Wirlu-Murra with all theresources it needs to cripple YAC and kick out the Yindjibarndi#1 Claimants who will not agree to signing the agreement FMGhas offered.

Mr Gallaghers fees over one year would add up to about$420,000 this is almost as much as Wirlu-Murra will get onsigning away Yindjibarndi country for ever ($500,000).

Mr Gallagher is paid to work with Wirlu-Murra by FMG.

Mr Gallagher has constant and very close relations with FMG

and their high-level executives Legal Advisor AlexaMorecombe; Native Tile Manager Tom Weaver; LandAccess Manager Blair McGlew; Government Relations Chief

Diedrie Willmot; and his step-daughter, Heritage Manager LisaMaher.

Yindjibarndi need to ask does Mr Gallagher serve theinterests of the Yindjibarndi people? Or FMG?Yindjibarndi should seriously question the CONFLICT OFINTEREST that Mr Gallagher has.

NOWMICHAEL GALLAGHERAnthropologistWirlu-Murra Aboriginal

Corporation (WMYAC)


49/56

The personal, hands-on touch that

Gallagher brings to his work inRoebourne is in the style of MrGallaghers former associate andFMG boss, Andrew Forrest.

Mr Forrests dealings withAboriginal people in the Goldfieldsended in a court dispute overallegedly unpaid royalties.

Goldfields woman, Maria Meredith,said Mr Forrest went out of his wayto woo individual claim groups,including attending their church,learning their hymns and visitingpeople at home and in hospital

That man has a lot to answer for.Our community became completelydivided. We could have used nativetitle to our advantage had we allstuck together,Ms Meredith said.

A spokesman for the miningcompany that took over from MrForrests company in the Goldfieldsalso had strong words of criticismfor Mr Forrest:

There was an awful lot of cashpassed around to have groups sign

off. We have got no way of being ableto prove it but we do know that itcaused significant disruption in theGoldfields and made reachingagreements with groups all the moredifficult.

FMGs COMPANY STYLEEXPERIENCES IN THE

GOLDFIELDS


50/56

Lawyer, Mr Kerry Savas, who used to work for legal firm Corser & Corser, and worked closely

with the Wirlu-Murra group for 18 months, has made a sworn statement in which he says that

Michael Gallagher is directing the Wirlu-Murra Aboriginal Corporation so that its decisions

favour FMG rather than the Yindjibarndi people.

Mr Savas said that Mr Gallagher told him FMG always gets its land access agreements signed one

way or another by using an inside man to work hands-on with claimant groups to win

their hearts and minds.

Mr Savas said Mr Gallagher told him he resigned from FMG and to work as a consultant with

Wirlu-Murra, for the sake of appearances, so he could say he was not an FMG employee, and sothat FMG would not be criticised for interfering in an Aboriginal group.

Mr Savas said he heard and saw Gallagher communicating regularly by phone and email withFMGs senior staff Alexa Morecombe, Tom Weaver, Blair McGlew and Government Relations

Chief Diedrie Willmot to take instructions from these FMG executives and that Gallagherwould then instruct Mr Savas on what to say to Wirlu-Murra; and that Gallagher sits as chairman

and controls all the meetings he attends. .

Mr Savas also witnessed Gallagher misrepresenting the decisions of the Wirlu-Murra Directors to

other people telling them the board had made decisions that had not been made.

Mr Savas said that he heard Gallagher telling Wirlu-Murra directors they should not try to

reconcile with YAC because youre going to thump them in the courts.

THE EVIDENCE OF LAWYER KERRY SAVAS

ABOUT MICHAEL GALLAGHER AND HIS ROLE


51/56

FMGs UNHAPPY DEALS

With other TraditionalOwners

Lessons and warnings about FMGs

dealings with other groups


52/56

An example of how FMG has causedtrouble in other Traditional Ownergroups happened when FMG pushed

through an Agreement covering40,000 square kilometres ofNyiyaparli country.

A rush deal was signed in Perth inAugust 2005 without consultationwith the broader Nyiyaparli claimantgroup. This deal was sealed by animmediate payment of $80,000 to two

elders who were flown to Perth forthe meeting, which was set up bytheir community administratorPastor Ross Norling. Mr Norling latersaid, There was some faults withFMG: they said you can walk out withmoney or you can go out withnothing.

NOTE: This is exactly the same lineFMG pushed in the Yindjibarndicommunity by convincing some ofour members that we will lose allentitlement to compensation if we donot take FMGs offer.

Just days after signing, Nyiyaparli elderscomplained that they did not understandwhat they signed. They said the terms of the

agreement were quite different from whatthey thought, and instructed the land councilto stop the agreement.

Two weeks later a proper meeting ofNyiyaparli people wanted the FMGAgreement documents torn up.

One of Nyiyaparli elders flown to Perth saidlater that he did not understand critical

terms and had signed the August agreementunder duress. David Stock said:I didntknow what was going on. I feel like they [FMG]made me sign; they kept calling me uncle ...Ive done a silly thing.

The Pilbara Native Title Service (PNTS)described FMGs behaviour in this case asunconscionable conductand intimidatingbehaviour. And the Office of IndigenousPolicy Co-ordination (ICC) said that they didnot trust that FMG would meet theirobligations to pay royalties under the landaccess agreement FMG made with theNyiyaparli.

FMGs UNHAPPY DEALS Nyiyaparli


53/56

FMGs strategy in their push to gettheir deal signed by the Nyiyaparli,was to bring in another team oflawyers to go against the lawyersrepresenting the Nyiyaparli people.

The job of the FMG-paid lawyers wasto work through Pastor Ross Norling

who was on the companys side, towin across the hearts and mindsofNyiyaparli people so that they signoff on the FMG agreement Divide& Conquer.

This strategy of paying forlawyers to support break-awaygroups that support FMG isexactly what FMG has done withYindjibarndi.

Today in Roebourne FMG arepaying many thousands of dollarsfor three teams of lawyers whoare supporting Wirlu-Murra tofight YAC in the courts to try andbreak Yindjibarndi and theirExclusive Possession native titleclaim.

All Yindjibarndi should ask what is the role of these lawyersthat are working for Wirlu-murraand being paid for by FMG?

Whose interests are they serving?

Who is paying their high lawyerfees?

WHY!

FMGs UNHAPPY DEALS NyiyaparliFMGS HIRED-GUN LAWYER STRATEGY


54/56

The role ofPastor Ross Norling with the Nyiyaparli and his cosy,

on-side relationship with FMG is a lesson for Yindjibarndi.Pastor Norling was finally sacked by Karlka Nyiyaparli AboriginalCorporation in May 2011 following investigations that found he didnot act in the best interests of Karlka and its members when usingKarlka's money.

After helping Andrew Forrest's mining company, FMG, with their

negotiations with the Nyiyaparli, it is no surprise that FMG paidPastor Norlings private business $80,000 for co-ordinatingheritage surveys instead of paying through the Karlka NyiyaparliAboriginal Corporation.

Simon Hawkins, chief executive of the Yamatji Marlpa AboriginalCorporation, said it was "very disappointing to hear that FMG isallegedly making this kind of 'special' payments [] It is contrary toall of the work that has been done over many years to establishtransparent processes".

FMGs UNHAPPY DEALS NyiyaparliCOMMUNITY ADMINISTRATOR ON FMGS SIDE


55/56

Wirlu-Murra lawyers have said the

Eastern Gurrama were very pleasedwith their Agreement with FMG.

They wrote to YAC saying: to theirpleasant surprise they soon discoveredthat FMG was, in their experience, thebest deliverer of benefits in the nature ofemployment, training and contractingopportunities that they had ever dealtwith. As a result, the current position isthat the Eastern Gurrama people are verypleased indeed with their relationshipwith FMG.

Eastern Gurrama Chairman, Wayne

Stevens, said, I think thats all a load ofcrock. [...] Hes probably putting his ownwords, knowing these lawyers.MrStevens said he saw no real benefitscoming out of the FMG Agreement to hispeople. He said that Eastern Gurramadid have direct joint ventures with othercompanies, with the assistance of RioTinto, NRW and ESS, but that FMG hadnot done much good.

Chairman Stevens said that his groupwould be a lot better off now if theyhad taken their negotiations and

agreement making more slowly

Everything was rush rush rush andnobody really didnt understand theterms of negotiating. [...] I think itstime Marlpangali stop dealing withthese people. [...] We need to pull themup. When are we going to stand up to

these people instead of giving in tothem all the time?

Stevens said that he thought YACwere doing the right thing in askingFMG for a better agreement

I hope things go well for theYindjibarndi. Theyve got anopportunity to set things right. If theYindjibarndi people had of stucktogether they could have had a goodchance of pulling this off, and it wouldhave benefitted the whole lot of us.

FMGs UNHAPPY DEALS Eastern Gurrama


56/56

The Jidi Jidi Aboriginal Corporation also came to grief withFMG over the terms of a heritage survey.

Georgina Riley, native title holder and director of Jidi Jidi,said Andrew Forrest's company did not care about Jidi Jidi'sviews

"We had just reached agreement on terms of access withFortescue, when they came back adding a whole lot ofunacceptable terms that amount to a gun at our head [] We aresupportive of companies that want to use our land and that treatus with respect, but Mr Forrest's company's threats are causingconcern that his people will just go out and smash our sacred

places to find their precious iron ore."

FMGs UNHAPPY DEALS Jidi Jidi

Documents

Yindjibarndi Information Booklet -Reduced