On 20 April 2005, the Tjurabalan Native Title Aboriginal Land Corporation and Tanami Gold P/L signed off on a landmark agreement that will deliver real benefits to the Tjurabalan raditional Owners and Native Title holders. The agreement covers mining and exploration in the almost 26,000square km of Tjurabalan lands, which lie to the south and east of Halls Creek in Western Australia’s Kimberley.
The area was subject to the first consent determination of Native Title in the Kimberley, ratified by the Federal Court in August 2001.
Central to the agreement is a commitment to employment, training, and business development opportunities for the Tjurabalan people.
Agreement Summary
The agreement sets out the basis on which the Tjurabalan will consent to Tanami Gold’s mining activity on their country, as follows.
Native Title
Tanami acknowledges the Tjurabalan people as Native Title holders for the area, and that the agreement does not affect this title.
Employment and Training
Tanami will use its best endeavours to encourage and facilitate employment of Tjurabalan people, and significant contractors to Tanami will be required to adopt this policy Tanami will advise Tjurabalan people of employment opportunities, enhance their opportunities for successful employment, and give employment preference to Tjurabalan people and other Aboriginal people living on Tjurabalan land Tanami will ensure working conditions are adjusted to suit the cultural needs of Tjurabalan people where reasonably possible, and engage an agreed and suitable mentor to liaise between Tanami and Tjurabalan elders about employment issues. Tanami will make training opportunities available to Tjurabalan people, with minimum trainee numbers linked to production levels.
Contracting Opportunities
Tanami and its contractors will notify Tjurabalan of upcoming contracts Tanami and Tjurabalan will identify types of businesses which Tjurabalan might be able to undertake In small contracts, if a Tjurabalan business is capable of undertaking the work, the contract will be offered directly to Tjurabalan. As a condition of larger tenders, Tanami will require tenderers to seek a business relationship with Tjurabalan, and Tanami will give preference to tenderers who enter into such relationships.
Business Development
Once production reaches a certain level, Tanami will employ a business development officer to assist the Tjurabalan people Scholarships Tanami will contribute a cash amount to a nominated educational trust, for the education of Tjurabalan people.
Heritage and Environment
Tanami will accept and comply with the word and the position taken by the Tanami people on heritage issues. Tanami will adhere to an agreed Aboriginal Heritage Protocol, and comply with the Aboriginal Heritage Act 1972 (WA) Tanami will engage Tjurabalan people to provide cultural awareness training to Tanami people working on Tjurabalan land. Tanami will minimise adverse impacts upon the environment
Tanami will remediate adverse impacts on the environment to industry best practice standards and Government requirements.
Changes to Mining Activities
Tanami will give Tjurabalan written notice of intentions to alter its mining activities, and provide them with information necessary to make an informed decision Tjurabalan will give consent to changes new mining requests if they are satisfied that environmental, cultural, and heritage issues are adequately addressed.
Payments and Share Issues to Tjurabalan
Most payments to Tjurabalan are tied to production levels. A set annual payment will be made if production levels reach 50,000 ounces per annum. Additional set payments will be made when productions levels reach further set benchmarks. Shares will be issued to Tjurabalan in relation to production levels. Tjurabalan can request that payments outlined above be made by Tanami in equivalent value goods and services (eg grading roads, drilling bores, etc).
