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Around Australia businesses which approach native title in good faith are getting results. Companies are negotiating agreements with indigenous people that benefit everyone.
These companies are gaining a competitive edge in the market place by seeing native title as part of doing business, avoiding costly and lengthy court cases, as well as conflict with local communities.
There is now a growing number of concluded agreements between native title holders, business, industry and local government.
The Tourism Council Australia issued a paper in March 1997 endorsing the negotiation of agreements with native title holders. It pointed out the need for agreed outcomes, saying the Council is committed to a `constructive relationship with native title holders and their communities. TCA recognises that the most important issue for many communities is recognition of native title -- protracted litigation, challenges and confrontation will not help investment or economic development either nationally or regionally. Negotiated outcomes are preferable'.
In September 1996, the Jawoyn people in the Katherine region of the Northern Territory signed on to the largest single commercial deal in Australian history involving Aboriginal interests. The signing heralded a major expansion of Aboriginal involvement in the Pegasus Mt Todd Gold Mine.
Aboriginal interests are represented by the Mirrkworlk Joint Venture which will be working alongside Pegasus as it spends $208 million on stage two of the Mt Todd Mine. This project makes Pegasus Australia's fifth largest gold miner.
The Jawoyn investment of $10 million in the joint venture is being funded through a fully commercial loan with repayments coming from mine profits.
The negotiations were conducted under a native title framework and the mine's General Manager Chris Medway said that Mt Todd is `an example of people working together without butting heads'.
On April 7, 1997, the Dunghutti Aboriginal people of New South Wales and other stakeholders negotiated the first successful claim under the Native Title Act. The historic agreement addressed the aspirations of native title holders as well as the broader interests of the local community and local government.
Negotiations took two years, but in the end it took just 40 minutes in the Federal Court to finalise the consent agreement. The agreement:
In March 1997, Hamersley Iron and the Gumala Aboriginal Corporation finalised a unique regional land use agreement paving the way for the $500 million Yandicoogina iron ore mine in the Pilbara region of Western Australia. The agreement was the result of 20 months of consultation and negotiation.
Under its terms, Hamersley Iron will make contributions to trusts established to fund long-term community benefits to Aboriginal people. The scale of the benefits, in the form of lasting community development, training, employment and business development, could exceed $60 million over 20 years. Aboriginal people have agreed to support the project, which involves granting all necessary titles and approvals and regional site clearance procedures, and accept the benefits package as compensation.
Hamersley Iron director Malcolm Richmond said the agreement heralds a promising era of economic participation for Aboriginal people in the Pilbara, recognising their status as genuine stakeholders and contributors in the region.
On 10 March 1997 Alcan South Pacific Pty Ltd (Alspac) entered into detailed Heads of Agreement with the Aboriginal community in Weipa, Cape York, for a proposed bauxite mining and shipping operation from Alspac's existing mining lease at Ely, north of Weipa.
The Heads of Agreement were the result of intensive community consultations and negotiations coordinated by the Cape York Land Council over a six month period and cover the full range of issues of concern to the Aboriginal community including business development, employment and training, site protection, land tenure and native title issues.
Alspac, the Aboriginal community and the Cape York Land Council are currently engaged in confidential negotiations with the State of Queensland and expects to enter into a final agreement by mid 1997.
Twelve months of negotiations between the Arakwal people, the New South Wales State Government and the Byron Bay Shire resulted in an agreement over a new recreation area in the popular tourist area of Byron Bay.
Arakwal sisters Lorna Kelly, Linda Vidler and Yvonne Graham secured a say in the management of the new park when the agreement was signed on 3 April 1997.
The Arakwal are eager to enter the next stage of negotiations which they hope will involve setting up a language centre to attract cultural tourism to Byron Bay.
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