The Agreement
The State of Western Australia, Hutt River, Mullewa Wadjari, Southern Yamatji and Widi Mob claim groups entered into negotiations about an alternative settlement of native title claims.
Negotiations formally started on 6 November 2017, with the signing of a Grant Agreement that committed the State to funding parts of the negotiation process. Negotiations led to a draft agreement called the Geraldton Alternative Settlement Agreement (GASA) and this was later changed to Yamatji Nation Southern Regional Agreement (YNSRA). This settlement agreement covers the area in the map below.
Our Nation History
What Was The Role Of The Federal Court?
On 8 November 2017, the Federal Court set a deadline for the State and the claim groups to negotiate and reach an Agreement by 27 December 2019. The original four claim groups agreed to lodge a new single claim overarching the entire area known as the Yamatji Nation Claim.
YMAC provided ongoing advice and representation to the native title claim groups that it represented, which were Hutt River, Southern Yamatji, and Yamatji Nation (including descendants of additional ancestors of those who were not included in the original underlying claims). Mullewa Wadjari were represented by Corser and Corser consultants and Widi Mob by MPS Law consultants.
The native title claim groups authorised an Indigenous Land Use Agreement (ILUA) on 9 December 2019, which is known as the Yamatji Nation ILUA. It is an agreement between the State and all five claim groups in the ILUA area. The Yamatji Nation includes 29 Apicals from which Yamatji people are descended.
The Yamatji Nation includes 29 Apicals from which Yamatji people are descended.
Ap-barra (Upparawa and Dharringa)
Annie Tira
Biddie (mother of Fred Carnamah)
Billy and Judy Thompson
Brindy / Brinty
Cissie Broad
Eeranyoo
Eliza
Galena
Jane Cotter (mother of Sarah Mabel Bell and Patrick John Bell)
Jane Hunt
Jibjia (Rosie Jones)
John Yuna Councillor
Lizzy Flynn
Mary Gingina
Mary Nundie
Nellie
Noogy (grandmother of Minnie Campbell)
Punch
Rosie Coleman
Sarah Jane Campbell
Sarah Broad
Sarah Feast (Jooldamoo)
Shilling
Timothy Benjamin
Uanda
Woondoora
Wyoo and Myonada
Rosie (mother of Walter Ninghan)
Who Negotiated On Behalf Of The Claim Groups?
The original claim groups set up a 12-person Traditional Owner Negotiation Team (TONT). Through their Working Groups, each of the claims nominated and authorised representatives to be on the TONT.
Negotiations between the TONT and representatives of the State of Western Australia began on 14 November 2017 in Geraldton. The TONT continued to negotiate face to face with the State to reach the best possible agreement up until December 2019.
The aim was to achieve an agreement that reflected the aspirations and needs of the
Traditional Owners’ community as a whole. The TONT’s vision statement was, “A progressive and equitable agreement that recognises us and our Country, supports our growth and provides us with control of our destiny.”
The TONT members included:
Hutt River – Paul “Yeti” Eley, Mrs Nutter (dec)
Mullewa Wadjari – Glenda Jackamarra, Leedham Papertalk Snr,
Southern Yamatji – Carol Martin, Delveen Whitby, Fred Taylor, Ross Councillor, Rod Little, Mr Warner (dec)
Widi Mob - Kathleen Pinkerton and Shirley McPherson
This agreement was endorsed by the community in December 2019.
The artwork below, which hangs in the YSRC Office, reflects each of the TONT members and their contribution and commitment to the establishment of the Yamatji Nation. The story behind the making of the artwork can be viewed in the flipbook below it.
Artist: Kayla Hampton – Email: kaylacyrilla@gmail.com
ILUA Package
The elements of the ILUA package included land, water, heritage, housing and other benefits.
Information on the various elements can be found here.
Information about the Yamatji Nation Indigenous Land Use Agreement can be found here.
As a result of the settlement agreement, Native Title was extinguished over 99% of the 48,000sqkm. However, as a Nation, we will always retain our connections to country, sky and water.
The settlement package included $325M in cash which will be received over the next 10 years and held in a long-term trust for future generations.
The majority of the package related to broader economic benefits that could be created through economic stimulation and investment such as land for economic and development purposes, land that is culturally significant, access to water rights and housing.
A major difference between a Native Title determination decision and the Settlement agreement is that there are no royalties or payments to individuals. Any money distributed to members in the future will come from the economic investments made by YSRC Group.