YMAC Annual Report 2024

YMAC representative areas

Legend

Legend

LEGEND:

Ge ra ldto n RATSIB

Ge ra ldto n RATSIB

Pilbara RATSIB YM AC Repres entative Areas

Pilbara RATSIB YMAC Repres entative Areas

RATSIB: Representative Aboriginal/Torres Strait Islander Body

Please be advised, this publication may contain images and names of deceased people. YMAC sincerely apologises for any distress this may cause.

Newman

Broome

Exmouth

Karratha

Tom Price

Geraldton

Carnarvon

Port Hedland

Meek atharra PERTH

WEST ERN AUSTRALIA

Newman

Broome

Exmouth

Karratha

Tom Price

Geraldton

Carnarvon

Port Hedland

Meekatharra

WESTERN AUSTRALIA

Pilb ar a RATS IB

Ge raldton RATS IB

Note that, for simplicity, YMAC uses the term “PBC” in this

Cover image: Artwork purchased by YMAC to celebrate its 30th anniversary.

Acknowledgement of Country

Yamatji Marlpa Aboriginal Corporation respectfully acknowledges the Traditional Owners and custodians throughout Western Australia, and on whose Country we work. We acknowledge and respect their deep connection to their lands and waterways.

We honour and pay respect to Elders, and to their ancestors who survived and cared for Country.

Our offices are located on Whadjuk Country, Southern Yamatji Country, Yinggarda Country, Kariyarra Country, and Yawuru Country.

We recognise the continuing culture, traditions, stories and living cultures on these lands, and commit to building a brighter future together.

Yamatji Marlpa Aboriginal Corporation

About us

Yamatji Marlpa Aboriginal Corporation (YMAC) is recognised as a Native Title Representative Body (NTRB) under section 203AD of the Native Title Act 1993 (Cth) (NTA) to preserve, protect and promote the recognition of native title in the Yamatji (Geraldton RATSIB) and Marlpa (Pilbara RATSIB) regions of Western Australia (WA).

As an Aboriginal corporation, YMAC is governed by the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) (CATSI Act).

YMAC’s services include:

• Legal advice and representation of Traditional Owner groups in obtaining and managing native title rights and interests.

• Anthropological services, including native title research.

• Cultural heritage services.

• Executive office, governance and administrative support and financial services to Prescribed Bodies Corporate (PBCs) and Aboriginal corporations.

YMAC is required, under the CATSI Act, to report annually to the Office of the Registrar of Indigenous Corporations (ORIC). This includes a general report, financial report, and Directors’ report (with each submitted to ORIC by 31 December). To view the reporting required of YMAC under the CATSI Act, visit the ORIC website: oric.gov.au.

YMAC accepts the invitation contained in the Uluru Statement from the Heart and will continue to walk together with Aboriginal and Torres Strait Islander peoples in a movement of the Australian people for a better future.

• Natural resource management support, including ranger programs and land and sea management programs.

• Social Surroundings project facilitation and management.

• Land administration.

• Community and economic development assistance.

• Relevant advocacy work undertaken on behalf of Traditional Owners in our representative regions.

YMAC staff at our 2023 Cultural Awareness Training on Malgana Country – Gathaagudu (Shark Bay)

Yamatji Marlpa Aboriginal Corporation

Our guiding principles

The core of YMAC is Country.

Country is our mother, our provider and keeper of our cultural belongings. Culture and Country go together. You can’t have one without the other.

Our VISION

Through connection to Country, Aboriginal people pursue and achieve economic, social and cultural goals and aspirations with strength and confidence.

Our MISSION

For current and future generations, we work with and for Australian Aboriginal people to protect rights and manage Country and opportunities.

Our VALUES

Our values describe our principles and desired culture; serving as a behavioural compass for directors, committee members and staff.

Collaboration: Through teamwork, courage and shared knowledge we pursue meaningful outcomes.

Professionalism: We set and maintain high standards and pursue excellence in all aspects of our work.

Integrity: We are true to our word and accountable for our actions.

Respect and understanding: Having regard for people’s views and roles and treating all with dignity. We are dedicated to listening to others and to understanding community.

Our STRATEGIC PRIORITIES (2021-2025)

1 Deliver on our responsibilities to Traditional Owners, Common Law Holders and Country.

2 Build on a tradition of operational excellence.

3 Foster a culture of connection across and beyond YMAC.

4 Build capacity and mobilise opportunities.

Co-Chairpersons’ report

Welcome to a very special edition of the YMAC’s annual report, in which we detail just some of the organisation’s many fantastic achievements for the period 1 July 2023 to 30 June 2024. In this report we highlight the key activities and outcomes we are most proud of from both our representative regions. We hope you find this report both informative and insightful, learning more about all the top-quality support and services YMAC delivers to help people achieve native title recognition, as well as what we do in assisting them to reach new goals and aspirations post-determination.

In 2024, we celebrate YMAC’s 30th anniversary since first being appointed as a Native Title Representative Body (NTRB). This significant achievement would not be possible without the direction and dedication of YMAC’s Regional Committees and Boards of Directors over the years, and our hardworking staff. We thank everyone who has contributed to YMAC’s longevity and success. To commemorate this milestone, YMAC purchased the beautiful artwork featured on the cover of this report by accomplished Yindjibarndi artist, Allery Sandy.

During the reporting period, YMAC made meaningful progress on several active claims and advanced the status of several unclaimed areas within our representative regions. This work included: an on-Country determination of the Middamia Native Title Claim at Middalya Station; the authorisation and registration of a new Kariyarra Pirnthurruna Native Title Claim; the authorisation of the new Badimia Barna Native Title Claim; and the dismissal of the claim overlapping the Nanda and Wajarri Yamatji claims. (See pages 28-29 for more details on YMAC’s claim progress.)

It was also a busy year for agreementmaking, with YMAC supporting and providing advice to those we work with on Indigenous Land Use Agreements (ILUAs), Joint Management Agreements (JMAs), mining and petroleum agreements, heritage agreements, and others. We commend all groups involved in the State Government’s Plan for Our Parks initiative. Their efforts are seeing Western Australia’s conservation estate grow at unprecedented rates, ensuring Traditional Owners have a say in what happens on Country, can protect important cultural sites and environmental assets, and can provide ongoing opportunities in areas such as employment and tourism. (See page 27 for more information on the various agreements reached.)

We were also proud to see momentum growing for the Annual On-Country Bush Meeting at Yule River (held 12 and 13 July 2023), and Yamatji On-Country (held 20 and 21 September 2023). These onCountry meetings and their respective

calls to action are generating increased engagement from State and Federal Government agencies and continue to provide a forum for community members and Aboriginal Community Controlled Organisations (ACCOs) in our regions to come together as one voice, uniting in calls for place-based solutions led by First Nations people. (To learn more about the annual on-Country events and the respective calls to action, visit ymac.org.au/events.)

With a view to always honouring our past, we have been privileged to be involved in some critical, state-wide projects which aim to shine light on the unwavering resilience of First Nations people, despite our nation’s dark history. These have included continued involvement in consultations on: the establishment of a flagship Aboriginal Cultural Centre to be located in Boorloo (Perth); strategies for commemorating, sharing and healing from the tragic history of Wadjemup (Rottnest Island); and identifying additional “sites of truth-telling”, including missions, settlements, reserves, camps, orphanages, hostels and lock hospitals, to be part of an initiative that promises to tell the true stories of these places and their impacts. (See pages 17-22 for more information about YMAC’s ‘Policy, advocacy, and community engagement’ activities.)

We take pride in the ever-evolving and often-challenging work undertaken by our regional committees, our board and our staff. We continue to draw strength from those we represent – and from those who came before us – to do this work, and will continue to applaud and celebrate each and every success.

We hope you enjoy reading more about YMAC’s accomplishments in this report.

Natalie Parker Co-Chairperson YMAC Board of Directors

Peter Windie Co-Chairperson YMAC Board of Directors

Chief Executive Officer’s report

It has been another incredible year for YMAC, which has only been strengthened by the organisation celebrating its 30th anniversary as a Native Title Representative Body (NTRB) in 2024! I take this opportunity to recognise and thank all the staff, committee members, directors and others who have helped to make YMAC the thriving, sector-leading organisation it is today – especially those who are no longer with us. YMAC continues to flourish and achieve great things because of the people who have contributed to and supported the organisation and its important work. As YMAC’s Chief Executive Officer (CEO), it is a privilege and my pleasure to share some of the more recent undertakings and accomplishments in this year’s annual report.

Yamatji Marlpa

Throughout the reporting period, YMAC continued to build on its earlier Core Stakeholder Engagement Consultations (CSEC), which have been invaluable in informing the implementation of our 2021-2025 Strategic Plan, as well as various other activities. Key to this progress was the ‘Prescribed Body Corporate (PBC) CEO Roundtable’ YMAC hosted in March 2024. We were very pleased with the interest shown by PBCs from across both of our representative regions to come together to discuss shared issues and experiences, which also created a very productive peer-to-peer learning opportunity. Feedback received also assisted in the development of additional forum agendas, such as the ‘PBC Regional Forum’ held in June 2024, and YMAC’s two ‘Native Title Forums’ scheduled for August 2024. The roundtable was likewise of great benefit to YMAC, thanks to the thoughtful advice provided by participants in relation to how we can better support PBCs in their work. (To review all of the recommendations arising from the PBC CEO Roundtable, visit ymac.org.au/ about-us/strategic-plan-2021-2025.)

I have also been fortunate to give several presentations recently, on behalf of YMAC, promoting our new best practice ‘Renewable Energy Guide’. In addition to representing the organisation on the Federal Government’s ‘First Nations Clean Energy and Emissions Reduction Advisory Committee’, it has been an honour to be able to share YMAC’s insights and experiences in this rapidly evolving sector with receptive audiences. Feedback received from many of these events has been highly positive, with a number of people and organisations conveying the usefulness and practicality of this resource to their work in this space. (To view and explore YMAC’s Renewable Energy Guide, visit ymac.org.au/renewable-energy.)

Further, to clarify YMAC’s involvement in the renewable energy space in terms of our stake in Pilbara Solar, both organisations have entered into a publicly available Memorandum of Understanding (MOU) (see ymac.org.au/about-us/pilbarasolar). This agreement details the interaction between the two entities and provides clarity on how each party will act to ultimately benefit the First Nations people wanting to work with Pilbara Solar on renewable projects.

Renewables were by no means the only area of advocacy for YMAC during the reporting period. Both staff and directors alike represented the organisation on a variety of critical issues. These ranged from providing submissions on the State Government’s Aboriginal Heritage Legislation Amendment and Repeal Bill 2023 (WA) (AHLARB), to participating in consultations for the national Productivity Commission’s review of the National Agreement on Closing the Gap. (See pages 17-22 for more information about YMAC’s ‘Policy, advocacy, and community engagement’ activities.) Though we may not always achieve the results we hope for, I am immensely proud of the tireless work YMAC puts into trying to achieve just and positive outcomes for those we work on behalf of.

Finally, I would like to acknowledge the generous pro bono contributions YMAC receives from some of the country’s finest legal firms and independent experts. In particular, thank you to Peter Seidel of Arnold Bloch Leibler, Philip Hunter from HWL Ebsworth, and Tim Lyons from Gibson Lyons Lawyers for your continued support.

Simon Hawkins Chief Executive Officer

Strategic priority highlights

Strategic Priority 1. Delivering on our responsibilities to Traditional Owners, Common Law Holders and Country.

Yamatji Marlpa

Left: Middamia On-Country Native Title Determination (March 2024)

Below left: Attendees at YMAC’s PBC CEO Roundtable (March 2024)

Below right: Staff member presenting at NNTC National Sea Country Alliance Summit (November 2023)

Below: Attendees at NNTC (NIAA/YMAC) PBC Regional Forum in Carnarvon (June 2024)

Strategic Priority 2. Building on a tradition of operational excellence.

Below: YMAC staff at annual All Staff Conference (February 2024)

Above: Staff members presenting at different sessions at AIATSIS Summit (June 2024)

Strategic Priority 3. Fostering a culture of connection across and beyond YMAC.

Yamatji Marlpa Aboriginal

Above: Yule River Call to Action Working Group members (and YMAC Directors (Pilbara)) speaking to attendees at the Annual On-Country Bush Meeting at Yule River (July 2023)

Above: Attendees at Yamatji Region Referendum Roadshow event in Carnarvon (August 2023)

Above and left: Youth involvement at Yamatji On-Country (October 2023)

Above: NAIDOC Elders’ morning tea and visitors to our community event stall in Carnarvon (July 2023)

Left: Attendees at Pilbara Region Referendum Roadshow event in Karratha (September 2023)

Strategic Priority 4. Building capacity and mobilising opportunities.

Above: Map source: WA Department of Biodiversity, Conservation, and Attractions (2024). See, www.dbca.wa.gov.au/management/parks/plan-our-parks.

Above: YMAC presentation to Malgana Aboriginal Corporation RNTBC (June 2024)

Board of Directors

Peter Windie

Co-Chairperson, Yamatji Region (Thudgari)

Albert Winder

Director, Yamatji Region (Malgana and Yinggarda)

Diane Stewart Director, Pilbara Region (Nyangumarta)

Deborah Oakley

Deputy Co-Chairperson, Yamatji Region (Malgana)

Sharna Oakley Director, Yamatji Region (Malgana)

Ivan Smirke Director, Pilbara Region (Jurruru)

Natalie Parker

Co-Chairperson, Pilbara Region (Nyiyaparli)

Richard Oakley Director, Yamatji Region (Malgana)

Raylene Button Director, Pilbara Region (Kariyarra, Yindjibarndi and Palyku)

Doris Eaton

Deputy Co-Chairperson, Pilbara Region (Njamal and Pitjikarli)

Dowden Director, Yamatji Region (Wajarri)

Terry Jaffrey Director, Pilbara Region (Palyku)

Cicily

Yamatji Marlpa Aboriginal Corporation

Yamatji Regional Committee

Peter Windie Chairperson (Thudgari)

Deborah Oakley Deputy Chairperson (Malgana)

Richard Oakley (Malgana)

Cicily Dowden (Wajarri)

Sharna Oakley (Malgana)

Albert Winder (Malgana and Yinggarda)

Ben Roberts (Thudgari)

Gail Bellotti (Naaguja and Malgana)

Wayne Evans (Nanda)

Revel Oakley (Malgana)

Paul Baron (Baiyungu)

Tracey Tonga (Yinggarda, Wajarri and Banjima)

Barry Dodd (Wilinyu and Nhanagardi)

Grant Dodd (Wilinyu and Nhanagardi) (elected November 2023)

June Pearce (Wajarri) (served to November 2023)

Regional committees

Pilbara

Regional Committee

Natalie Parker Chairperson (Nyiyaparli)

Doris Eaton Deputy Chairperson (Njamal and Pitjikarli)

Ivan Smirke (Jurruru)

Diane Stewart (Nyangumarta)

Albert Pianta (Ngarlawangga and Njamal)

Terry Jaffrey (Palyku)

Raylene Button (Kariyarra, Yindjibarndi and Palyku)

Nora Cooke (Ngarla) (served to November 2023)

Selina Stewart (Puutu Kunti Kurrama and Pinikura) (served to November 2023)

David (Barndu) Cox (Yinhawangka) (served to November 2023)

Executive Management Team

Simon Hawkins Chief Executive Officer

Chris Dann Yamatji Regional Manager  Donny Wilson Pilbara Regional Manager

Glenn Archer Principal Legal Officer  Nicholas Kimber Chief Financial Officer

Amy Usher Research, Country and Culture Services Manager

Corporate governance

Throughout the reporting period, YMAC continued to be guided by and implement its 2021-2025 Strategic Plan, including its strategic priorities and related initiatives.

The overall strategic and policy direction for YMAC is determined by its Board of Directors who meet at least every four months. The Board also acts as an advocacy group for Traditional Owners in the Yamatji and Marlpa regions, particularly in relation to government policies and development activities affecting Country.

The Board is accountable to the corporation’s members and ultimately responsible for the performance of YMAC’s statutory functions. The Board is made up of members from YMAC’s two committees – the Yamatji Regional Committee and Pilbara Regional Committee. The committees are elected to represent their respective region at annual regional meetings. Six members from each committee join to form the twelve-member Board of Directors, providing equal representation for both the Yamatji and Marlpa regions.

During this reporting period, YMAC’s Board of Directors met six times, in: August 2023; September 2023; October 2023; November 2023; February 2024; and May 2024.

Policy direction for YMAC on matters specific to either the Yamatji or Pilbara region is provided by the respective regional committee. In the 2023-24 Financial Year:

• the Yamatji Regional Committee met in August 2023, November 2023, February 2024, and May 2024;

• the Pilbara Regional Committee met in August 2023, February 2024, and May 2024; and

• both regional committees held an additional Joint Committee Meeting in May 2024.

Further, YMAC held its Pilbara Annual Regional Meeting on 16 November 2023, and its Yamatji Annual Regional Meeting on 25 November 2023.

Strategy and policy directions are implemented through the day-to-day work of YMAC’s staff, under the direction of the Chief Executive Officer (CEO). The organisation employs more than 150 professionals from a diverse range of disciplines including law, anthropology, heritage, environmental science, communications/marketing, archaeology, governance, community liaison, executive/corporate, land and sea management, and financial and administrative services. Staff regularly travel between our offices in Perth, Geraldton, Carnarvon, Hedland and Broome to deliver services.

Regular reporting by YMAC’s CEO and the Executive Management Team (EMT) to the Board, regional committees, stakeholders, management and funders ensures YMAC’s strategic direction is maintained – and that risks are identified and managed appropriately.

Yamatji Marlpa

YMAC’s Yamatji and Pilbara Regional Committees at their 2024 joint meeting with representatives from State Government and the Wadjemup project (Photo: Jane Mitchell)

Organisational chart

Corporate and operational performance

YMAC is governed by a series of frameworks to ensure the organisation is meeting member and client objectives.

YMAC’s financial management system requires regular reporting that meets statutory requirements, including the Native Title Act 1993 (Cth) (NTA), the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) (CATSI Act), and all tax and other relevant state and federal legislation. The organisation also adheres to Australian Accounting and International Financial Reporting Standards.

YMAC acknowledges ongoing grant support from the Federal Government and receipt of additional targeted funding for priority areas from various sources in the 2023-2024 Financial Year. During the reporting period, YMAC successfully secured continued National Indigenous Australians Agency (NIAA) funding to provide essential support to Prescribed Bodies Corporate (PBCs), claim groups, as well as operational funding for the 2024-25 Financial Year. This outcome was possible due to the significant efforts of senior staff and YMAC’s excellent operational performance and ongoing good governance. This outstanding result will significantly contribute to providing additional services and support to clients and job security for employees.

Global economic headwinds and the impact of higher interest rates have been a feature of the economy over the last year. Despite this, Western Australia has experienced a strong growth rate over the period, supported by a lift in exports across a range of mining commodities, along with agricultural exports. This growth continues to impact on the availability of staff, and in particular, the availability of suitably qualified professional staff, significantly impacting on the cost of employment and the critical need to retain staff. In the face of all of these challenges, YMAC continues to provide a stable, flexible and exceptional working environment employing an outstanding and diverse workforce.

Multiple income streams, along with support from NIAA and high productivity, have resulted in stable revenue figures for YMAC in the reporting period. The high costs in employment and the impacts of inflation have resulted in a deficit for the period; however, effective management over several years has ensured that the organisation’s Balance Sheet remains strong. This, combined with efforts to retain a high-quality staff, will stand the organisation in good stead to meet the challenging future ahead. YMAC’s Executive Management Team (EMT), with support of the Board, will continue to be proactive in planning for uncertainty to ensure risks and costs are contained, opportunities are able to be explored, and morale is maintained.

Yamatji Marlpa

Staff and salaries

From 1 July 2023 to 30 June 2024,

YMAC employed 176 staff.

Full-time: 90

Part-time: 36

Casual: 50

Aboriginal: 73

Non-Aboriginal: 103

Development and training

Throughout the reporting period, YMAC supported several internal and external training opportunities, including:

• All Staff Conference in February 2024;

• Yamatji On-Country 2023;

• Annual On-Country Bush Meeting at Yule River 2023;

• On-Country Cultural Awareness Training held in October 2023;

• staff inductions;

• Board of Directors training, including cybersecurity, governance;

• AIATSIS Summit;

• Continued Professional Development (CPD) opportunities are available and accessed across core competency areas by all staff;

• online learning management system “Go1”;

• stakeholder engagement training;

• de-escalation training;

• neurodiversity in the workplace training;

• grant writing training;

• remote first aid; and

• 4WD training.

Staff turnover for this period was 8.52%; the twelve-month average employee turnover rate in Australia to the end of June 2024 was 15% (AHRI). The salary structure is updated on 30 September each year with an increase commensurate with the Consumer Price Index (CPI).

Consultancy services

In the 2023-2024 Financial Year, YMAC engaged the services of more than 200 consultants and contractors to undertake work at a cost exceeding $3 million.

Organisational planning

YMAC’s 2021-2025 Strategic Plan, endorsed in December 2020, has continued to inform an effective approach to the development of annual business plans for all teams and regional offices.

Complaints

Formal complaints to YMAC are addressed pursuant to the organisation’s policies and procedures, available at ymac.org.au.

During the reporting period, YMAC registered one formal complaint.

Policy, advocacy, and community engagement

Key objectives of YMAC’s 2021-2025 Strategic Plan are to “influence policy-makers and drive the organisation’s advocacy and reform agenda” and “promote a learning culture with a focus on developing capacity and shared knowledge”.

Consequently, YMAC is active in both creating and responding to opportunities that raise awareness on issues, with a view to offering policy positions and solutions that will best support Traditional Owners and Prescribed Bodies Corporate (PBCs) in our representative regions.

This is achieved by:

• writing submissions;

• providing in-person submissions;

• issuing media statements;

• hosting information sessions and other forums/events;

• consulting with those we work with and on behalf of, and participating in consultations on their behalf;

• having representation on committees, advisory groups, and similar;

• promoting opportunities for Traditional Owners to directly engage in, and provide input to, consultations and submissions;

• YMAC’s Community Partnerships; and

• partnering with others through our memberships, e.g. the National Native Title Council (NNTC) and the First Nations Heritage Protection Alliance (FNHPA).

Yamatji Marlpa Aboriginal Corporation

Then Federal Indigenous Australians Minister Linda Burney addressing the 2023 Yule River meeting. (Photo: José Kalpers)

For Country

5 July 2023

CEO appointed on behalf of YMAC to the Australian Government’s Department of Climate Change, Energy, the Environment, and Water (DCCEEW) First Nations Clean Energy and Emissions Reductions Advisory Committee and continued to represent YMAC in this capacity throughout the reporting period.

6 July 2023 Staff member from Land and Sea Management team appointed as YMAC representative on National Environmental Standard for First Nations Engagement and Participation in Decision-making reference group and continued to represent YMAC in this capacity throughout the reporting period.

24 August 2023 CEO presented at the national Indigenous Empowerment Summit on empowering Traditional Owners in the greenfields Renewable Energy industry.

30 October 2023 Staff participated in an online workshop to inform a Sustainable Ocean Plan for Australia (coordinated by Inside Policy on behalf of DCCEEW).

6-7 November 2023 Staff attended and presented at the National Sea Country Alliance Summit.

30 November 2023 Provided written submission to WA Department of Jobs, Tourism, Science and Innovation on ‘Battery and critical minerals: Western Australia’s Battery and Critical Mineral Strategy: Stakeholder consultation paper 2023’.

8 March 2024

Provided online submission to the Australian Government’s Department of Science, Industry and Resources on ‘Clarifying consultation requirements for offshore oil and gas storage regulatory approvals: consultation paper’.

21 May 2024 CEO and other staff attended meeting with Pew Charitable Trusts to discuss the formation of the Protect WA’s Nature Alliance.

28 May 2024 Provided input to Pew Charitable Trusts’ Protecting Our Exceptional Environment: A Plan for Western Australia’s Terrestrial Contribution to 30x30.

31 May 2024 Wrote letter to WA Department of Primary Industries and Regional Development about concerns regarding diversification leases and renewable energy.

For Culture

15 August 2023

22 August 2023

Wrote letter to the WA Premier Roger Cook regarding concerns about the State Government’s sudden repeal of the Aboriginal Cultural Heritage Act 2021 (WA) (ACHA).

CEO and other staff attended meeting with Premier Cook, Minister Buti, the NNTC, and others regarding the Aboriginal Heritage Legislation Amendment and Repeal Bill 2023 (WA) (AHLARB).

23 August 2023 Contributed to the creation of the NNTC’s submission to the State Government and recommended amendments to the AHLARB.

15 September 2023

CEO and other staff met with Ms Mia Davies MLA, Shadow Minister for Mines & Petroleum; Electoral Affairs; Aboriginal Affairs; Women’s Interests to discuss concerns over the AHLARB.

15 September 2023 CEO and other staff met with Ms Lara Dalton MLA, Member for Geraldton, to discuss concerns over the AHLARB.

18 September 2023 CEO and other staff attended briefing with Minister Buti on the AHLARB.

25-26 March 2024 Staff attended WA Department of Planning, Lands, and Heritage (DPLH) Aboriginal Heritage Forum.

8 May 2024 Wrote letter to Minister Buti on behalf of PBCs regarding potential for reimbursements for wasted ACHA preparations.

Attendees at the 2023 Yamatji On-Country (Photo: Sam Carr)

For People

2-9 July 2023 Participated in various NAIDOC Week activities and events, including hosting an Elders Morning Tea and a stall at the public event in Carnarvon.

10 July 2023 Provided Community Partnership support for the ‘Geraldton Voice to Parliament Community Forum’.

11-18 July 2023 Organised four Cyber Resilience Outreach Clinics (CROCs) across our representative regions.

22 September 2023 Provided Community Partnership support for the Wattandee Littlewell Aboriginal Corporation’s ‘Elders Connect Day’.

18 January 2024 Staff attended introductory meeting to provide advice on the DPLH Sites of Truth-Telling Project.

16 May 2024 YMAC Pilbara and Yamatji Regional Committees updated and consulted on the Wadjemup Project, the State Government’s Aboriginal Cultural Centre development, and DPLH’s Sites of Truth-Telling Project.

20-21 May 2024 Further YMAC participation in state-wide consultations for the Wadjemup Project and Aboriginal Cultural Centre development, as part of Kaarla Wirin Waarnk.

26 May-3 June 2024 Staff across YMAC offices participated in Sorry Day and Reconciliation Week.

4 June 2024 Provided Community Partnership support for the ‘170th Anniversary of the Bootenal Springs Massacre Commemoration’.

5 June 2024 Staff attended the NIAA consultation on ‘Remote Jobs and Economic Development’.

For Future

12-13 July 2023 Organised the Annual On-Country Bush Meeting at Yule River, and supported the subsequent and ongoing Call to Action advocacy work.

28 July 2023 Staff attended Productivity Commission briefing on review of National Agreement on Closing the Gap.

14 September 2024

22 August - Organised two YMAC Referendum Roadshows, comprising 15 panel discussion and Q&A sessions in nine towns throughout both regions.

19 October 2023 Staff attended Native Title System Capability Meeting with the National Native Title Tribunal (NNTT).

20-21 October 2023 Organised the annual Yamatji On-Country event, and supported the subsequent and ongoing Call to Action advocacy work.

23 October 2023 Staff accompanied youth representatives from Geraldton who were invited to present at the National Aboriginal Community Controlled Health Organisation (NACCHO) Youth Conference following their participation in Yamatji On-Country.

15 November 2023 Provided written submission in response to the ‘Public Consultation - Fee for Objections under the Mining Act 1978 (WA)’.

4-5 December 2023 Staff participated in various First Nations Perspectives Engagement Sessions relating to the ‘Developing the North White Paper’ refresh: Human Capital; Enabling Infrastructure; Economic Development and Diversification.

7 March 2024 Hosted YMAC’s inaugural PBC CEO Roundtable.

20-21 March 2024 CEO and other senior staff attended the National Indigenous Australians Agency (NIAA) NTRB/SP CEO and Senior Officers Forum in Canberra.

25 March 2024 Staff member appointed as YMAC representative on the Pilbara and Kimberley Regional Drought Resilience Plan Project Advisory Group and continued to represent YMAC in this capacity throughout the reporting period.

10 April 2024 CEO and other staff met with Ms Mia Davies MLA, Shadow Minister for Mines & Petroleum; Electoral Affairs; Aboriginal Affairs; Women’s Interests.

23-30 April 2024 Hosted a series of Yule River Pre-Event Workshops (held in Karratha, Roebourne, Newman and Port Hedland).

17 May 2024

3-7 June 2024

18-19 June 2024

25 June 2024

YMAC’s Board endorsed the organisation apply to become a member of the newly established Council of Aboriginal Services Western Australia (CASWA).

CEO and other senior staff presented at the annual AIATSIS Summit on renewable energy, and on returning native title research materials.

Assisted in coordinating and delivering the biennial NNTC PBC Regional Forum held in Carnarvon (supported by NIAA).

CEO presented at LegalWise native title conference focusing on opportunities for Traditional Owners in the renewable energy sector and YMAC’s Renewable Energy Guide.

In addition, several YMAC staff, including the CEO, as well as directors represented the organisation on other advisory bodies or similar in an ongoing capacity, such as the NNTC, FNHPA, Mid-West Aboriginal Organisations Alliance (MAOA), Pilbara Aboriginal Corporations and Enterprises (PACE), and more.

Throughout the reporting period, YMAC also developed and/or updated a number of informational publications distributed to members, clients and/or other stakeholders, including:

• two editions of YMAC News;

• twelve editions of PBC eNews;

• YMAC’s online Renewable Energy Guide;

• Respecting Yamatji and Marlpa Country, Culture and People for a better Future;

• Land Governance and Administration Framework (to incorporate changes to the Land Administration Act 1997 (WA) (LAA);

• new fact sheets on topics such as: Strengthening your cyber security; Heritage survey types & levels of recording; and Family History Resources; and

• (in partnership with AIATSIS) Return of native title material from Native Title Representative Bodies or Service Providers to Prescribed Bodies Corporates: A Best Practice Guide.

Further, both the Yule River and Yamatji On-Country calls to action were shared and followed up with various government departments/agencies, ministers and other relevant recipients. This work was supported by a variation to funding from the NIAA, which enabled YMAC to employ a Calls to Action Project Officer (for a twelve-month period from May 2024).

Youth presenters (accompanied by YMAC staff member) at the 2023 NACCHO Youth Conference. (Photos: Tash Gillespie)

Annual Report 2024 | Yamatji Marlpa Aboriginal Corporation

Native title roles and functions

YMAC is the Native Title Representative Body (NTRB) for the Pilbara (Marlpa) and Geraldton (Yamatji) Representative Aboriginal/Torres Strait Islander Body (RATSIB) areas of Australia.

Our service provision focuses on the Pilbara, Murchison, Mid West and Gascoyne regions of Western Australia. As an NTRB, YMAC operates under the Native Title Act 1993 (Cth) (NTA) (and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) (CATSI Act)).

YMAC functions determined under the NTA include:

• Facilitation and assistance functions referred to in sections 203BB and 203BC.

• Certification functions referred to in section 203BE.

• Dispute resolution functions referred to in section 203BF.

• Notification functions referred to in section 203BG.

• Agreement-making functions referred to in section 203BH.

• Internal review functions referred to in section 203BI.

• Other functions referred to in section 203BJ, and such other functions as are conferred on representative bodies by the act.

Yamatji Marlpa

Badimia Country (Photo: José Kalpers)

Legal

YMAC’s Legal team includes native title lawyers who provide legal advice and representation to our client groups. It also assists YMAC to carry out its Native Title Representative Body (NTRB) functions under the Native Title Act 1993 (Cth) (NTA) (see page 23).

As Traditional Owner groups transition from native title claim groups to Registered Native Title Bodies Corporate (RNTBCs, also referred to as Prescribed Bodies Corporate (PBCs)), YMAC’s Legal team can assist with governance, preparing compensation applications, responding to future act notices, agreement-making, and other services, as requested and agreed.

The Legal team also assists the Research team with advice relating to the Return of Materials (RoM) process following native title determinations. Further, the Legal team supports other teams in relation to land tenure issues as well as managing the NTRB notification function process within YMAC.

Native title claims

During the reporting period, YMAC continued to progress the resolution of outstanding claims and new, unclaimed areas – most notably: an on-Country determination of the Middamia Native Title Claim was made by Justice Burley at Middalya Station on 11 March 2024; a new Kariyarra Pirnthurruna Native Title Claim was authorised in October 2023, filed with the Federal Court in November 2023, and accepted for registration in March 2024; and the claim overlapping the Nanda and Wajarri Yamatji claims has been dismissed. (Read more in the ‘Claim updates’ section on pages 28-29.)

Native title compensation claims

YMAC has formed an internal team and engaged external consultants to prioritise resolving native title compensation claims, and has begun receiving instructions on behalf of PBC clients to progress particular claims. Further, YMAC continues to be an active respondent in the compensation claim brought by Yindjibarndi Ngurra Aboriginal Corporation RNTBC against the State and Fortescue Metals Group. YMAC is seeking to have input and assist the Court to establish legal precedent, which is beneficial to native title parties generally.

Yamatji Marlpa Aboriginal Corporation

NTRB notification process

The NTRB notification process ensures notices received by YMAC are brought to the attention of relevant Native Title Parties. In the 2023-24 reporting period, there was a total of 379 NTRB notices (up from 202 notifications in 2022-23), and all were processed within the required timeframes.

Future acts –negotiated matters

YMAC assisted clients with:

• negotiations for mining, infrastructure, and other heritage and miscellaneous matters;

• agreements and consents relating to licences under section 91 of the Land Administration Act 1997 (WA) (LAA);

• progressing matters with carbon farming project proponents, including a carbon farming project agreement finalised and executed in relation to three pastoral properties, and a further two carbon farming agreements almost finalised;

• progressing negotiations about the extinguishment of native title over a large quantity of land in a major town for residential development; and

• renewable energy projects.

Contested litigation

Future acts – managing expedited procedure

YMAC assisted clients with National Native Title Tribunal (NNTT) inquiry matters and requests for the expedited procedure statement to be removed from tenement applications. This enabled clients to enter into a right-to-negotiate process, or resulted in proponents withdrawing their applications, for matters that were located in culturally sensitive areas.

During the reporting period:

• 104 objections were lodged.

• 22 heritage agreements were negotiated and executed.

• Three matters progressed to inquiry and YMAC assisted with reply contentions for a further inquiry.

• The State withdrew the expedited procedure statement on request by YMAC in relation to a tenement overlapping a significant area.

YMAC acted on behalf of the Applicant in Wajarri Yamatji #1, #3 and #7, and the Applicant in Nanda People and Nanda People #3, against the overlapping Mullewa Wadjari Native Title Claim. The matter was programmed for trial commencing with Aboriginal evidence in April 2024.

In 2023-2024, YMAC undertook significant work to prepare for the trial, including finalising and filing Aboriginal witness statements and working with anthropologists to prepare and file reports in support of Wajarri Yamatji and Nanda.

On behalf of the Wajarri Yamatji, and Nanda applicants, YMAC also made a summary judgement application against the Mullewa Wadjari Native Title Claim. Justice Murphy heard the summary judgment application on 7 December 2023. On 20 December 2023, Justice Murphy made orders allowing the summary judgement, dismissing the Mullewa Wadjari Native Title Claim, and avoiding a full trial in these proceedings. Justice Murphy has not yet published the reasons for this decision. Mullewa Wadjari will still have time to appeal once the reasons for decision are provided.

Plan for Our Parks

In 2023-2024, YMAC acted for three PBC clients in negotiations with the Western Australian Department of Biodiversity, Conservation, and Attractions (DBCA), developing Indigenous Land Use Agreements (ILUAs) and Joint Management Agreements (JMAs) governing joint vesting and joint management arrangements for national parks and conservation estates. One of these ILUAs was authorised and accepted for registration, and the two others were authorised and lodged for registration with NNTT.

ILUA between Nanda Aboriginal Corporation RNTBC and DBCA authorised on 27 October 2023, and registered on 26 June 2024.

ILUA between Nganhurra Thanardi Garrbu Aboriginal Corporation RNTBC and DBCA authorised on 14 February 2024, and subsequently lodged for registration.

ILUA between Malgana Aboriginal Corporation RNTBC and DBCA executed on 21 June 2024, and subsequently lodged for registration.

Renewable energy projects

Activities associated with renewable energy projects constitute as future acts. YMAC assists clients in relation to proposed renewable energy projects on their Country.

As a consequence of YMAC’s early engagement in this emerging sector, the organisation has developed an interactive best practice guide that contains industry standards and a detailed project timeline, which can be applied to negotiations for a range of projects on Country. In particular, the guide has been developed for Western Australian PBCs engaging with renewable energy proponents. To view the guide, visit ymac.org.au/renewable-energy.

Offshore developers

YMAC participated in a working group to form a sea country alliance for the purpose of consulting with the offshore oil and gas industry, and developed and tested draft guidelines for consultation with industry: Draft Consultation Framework: a path to meaningful consultation with First Nations Peoples on offshore oil and gas projects.

At the national Sea Country Alliance Summit in Darwin on 6 and 7 November 2023, YMAC participated in a discussion panel on what constitutes good consultation following the decision in Santos NA Barossa Pty Ltd v Tipakalippa [2022] FCAFC 193 (December 2022).

Submissions

YMAC’s Legal team contributed expertise to a variety of submissions, consultations and other advocacy work during the reporting period. (See the ‘Policy, advocacy, and community engagement’ section on pages 17-22.)

Claim updates

As of June 2024, following the determination of the Middamia Native Title Claim in March 2024, YMAC was the legal representative for seven claims across its regions.

Middamia Native Title Determination

Orders in relation to a Court timetable for the Middamia Native Title Claim were made on 10 July 2023, which were actively progressed during the reporting period – with all Court dates complied with by the Middamia Applicant.

On 2 November 2023, the Middamia Native Title Claim Group:

• authorised the Middamia minute of consent determination;

• authorised ILUAs with three pastoral respondents; and

• incorporated the Middamia Aboriginal Corporation and nominated it to be the PBC for the Middamia Native Title Determination.

All documents required by the Court for determination were filed on 19 December 2023. Justice Burley made the on-Country determination at Middalya Station on 11 March 2024. YMAC staff successfully organised the event despite challenges, including extreme heat conditions, numerous logistical obstacles and the remote location.

Nanda People and Nanda #3 status

A minute of consent determination for the Nanda People and Nanda #3 claims was filed with the Federal Court on 25 June 2021. This is yet to be determined because the area was overlapped by the Mullewa Wadjari Community claim. YMAC was successful in having the overlapping claim dismissed in December 2023; however, the appeal period has not yet expired. (Read more in the ‘Contested litigation’ section on page 26.)

Wajarri Yamatji (#1, #3 and #7) status

The minute for the Wajarri Yamatji Part F consent determination was filed with the Federal Court on 26 July 2021. Wajarri Yamatji Part F is yet to be determined because the Part F area was overlapped by Mullewa Wadjari Community claim. YMAC was successful in having the overlapping claim dismissed in December 2023; however, the appeal period has not yet expired. (Read more in the ‘Contested litigation’ section on page 26.)

Kariyarra Pirnthurrunya

On 26 October 2023, YMAC facilitated a meeting in Port Hedland where the Kariyarra Pirnthurrunya Native Title Claim – over the northern part of the previously unclaimed area between the Kariyarra and Ngarluma–Yindjibarndi determinations – was authorised. The Kariyarra Pirnthurrunya Native Title Claim was filed on 17 November 2023, and successfully passed the registration test on 15 March 2024.

Badimia

On 2 December 2023, the Badimia people authorised a new claim: Badimia Barna. This followed preauthorisation meetings during the reporting period, held on 16 and 21 October 2023, with the relevant paperwork subsequently provided to the NNTT for pre-registration assessment.

Unclaimed areas

YMAC continues to progress investigations into native title recognition in unclaimed areas within its areas of responsibility. These include:

• the unclaimed region between the Nyamal, Nyangumarta and Ngarla determination areas;

• Peedamulla-Cane River;

• Pullcanah Hill;

• Lake Barlee area; and

• Lake Mason/Black Range1 .

Claims not legally represented by YMAC

There are currently six claims within YMAC’s RATSIB areas not legally represented by YMAC:

• Gingirana #4;

• Jidi Jidi Aboriginal Corporation RNTBC revised determination application;

• Marlinyu Ghoorlie, Ngarluma People (Mallina Native Title Claim);

• Yugunga–Nya;

• Yugunga–Nya #2; and

• Yindjibarndi Ngurra Aboriginal Corporation RNTBC Compensation Claim.

1 Formerly known as Northern Sandstone.

Middamia Native Title Determination on-Country celebration (Photo: José Kalpers)

Geospatial

The Geospatial team is responsible for the management of YMAC’s spatial (i.e. mapping) data, infrastructure, and service delivery. It provides map development and analysis services, manages an extensive list of geographic/spatial datasets (internal and external), administers the organisation’s spatial systems and software, and provides related training and advice to both YMAC staff and clients.

In 2023–24, YMAC’s Geospatial team:

• Completed 295 spatial requests –resulting in the generation of more than 800 individual maps.

• Commenced the implementation of the datasets for the storage and management of agreement areas and related exclusion zones associated with mining agreements and the future act process. This aims to ensure consistency in advice concerning the application of exclusion zone buffers across neighbouring agreements, and will offer enhanced searchability, ensuring accessibility of this data for future requirements. This has first been applied to the Jurruru Determination Area and will continue to be rolled-out to other groups represented by YMAC.

• Further expanded the use of digital mapping solutions in the field by YMAC staff. iPads utilizing the ESRI Field Map software were prepared and deployed on 17 surveys across the reporting period.

• Updated software (FME) scripts to automate a process that highlights changes to mining tenements over time within a determination area, which helps to identify updates to tenement size/ status, proponents, and any tenement withdrawals or new applications.

• Sorted and archived the hard copy legacy maps from YMAC’s Geraldton office to offsite storage, helping with the improvement of record keeping of spatial data.

• Completed the roll-out of the Heritage team’s survey database update project, which involved extensive data cleansing and updating attribute data from completed surveys to ensure consistent and searchable information.

• Worked on a project with a Prescribed Body Corporate (PBC) to adapt the YMAC Tools Plug-in for QGIS, which manages spatial data and assists with map production, to their internal corporate data structure. This will allow the PBC to more easily access their spatial data and produce their own maps in-house.

Research

YMAC’s Research team consists of experienced and qualified anthropologists who work with Traditional Owners across our representative areas for a range of projects both pre- and post-determination.

Under the Australian process for a native title claim – as laid out in the Native Title Act 1993 (Cth) (NTA) – claimants must prove that continuity of connection to Country through traditional Lore and customs has continued to exist beyond European settlement. The role of an anthropologist in this process is to: research and review archival documents, maps, and any other applicable information; conduct interviews; support consultant anthropologists; and work together with Traditional Owners to create reports which can go to the State of Western Australia or before the Federal Court. (Review the full list of YMAC’s functions under the NTA on page 23.)

Native title research can take years to collect, analyse and refine, all to ensure that as many of the right people as possible are being heard and represented correctly. This work involves working closely with Traditional Owners connected to Country, as well as working closely with YMAC’s Legal and Geospatial teams.

Once a native title determination has been reached, YMAC’s Research team still have a lot of work to do. Our Return of Materials (RoM) process allows us to ensure the materials collected throughout the claim process are given back to the rightful owners, which can take some time to organise and distribute correctly.

YMAC’s anthropologists can provide a range of other services that can be applied to various research contexts, all of which aim to support Traditional Owners and Prescribed Bodies Corporate (PBCs) in our regions. We also work closely with YMAC’s Legal, Land and Sea Management, Heritage, Geospatial and PBC Executive Office teams to assist with these projects and negotiations in the post-determination space, including providing specialised anthropological advice.

Murchison Gorge on Nanda Country (Photo: José Kalpers)

Key research highlights

• Kariyarra Pirthurruna Native Title Claim lodged in November 2023 and registered in March 2024.

• Undertook intensive interviews, family consultations, field work and site visits for key unclaimed areas, and had conversations with the State of Western Australia about claim progression in these areas.

• Badimia Barna Native Title Claim authorised in December 2023.

• Middamia Native Title Claim determined in March 2024.

• Finalised several internal and external reports for complex unclaimed areas.

• Provided research support for the ongoing Wajarri/Nanda/Mullewa Wadjari litigation, including the finalisation of expert reports.

• Provided research and logistical support at consultation, community and PBC meetings across both regions.

• Provided high level of future act and exclusion zone advice to PBCs.

• Provided ongoing membership advice to several PBCs.

• Partnered with the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) to finalise its Return of Native Title Materials project, and co-authored the related best practice process guide (now finalised and available online).

• Continued to support and implement four RoM projects at various stages, including presentations and workshops with PBCs and Traditional Owners.

• Gave additional introductory RoM presentations to two PBCs.

• Completed a number of personal returns.

• Finalised and implemented streamlined internal Research processes and new field work and safety procedures.

• Research anthropologists undertook several ethnographic surveys, supporting the Heritage team.

• Supported the continued delivery of YMAC’s Core Stakeholder Engagement Consultation (CSEC) project, which included the CEO PBC Forum in March 2024.

• Staff attended several Anthropological Society of Western Australia (ASWA) conferences.

• Research, Country and Culture Services (RCCS) Manager asked to be on the AIATSIS Indigenous Country and Governance Working Group.

• Staff attended the Centre for Native Title Anthropology (CNTA) conference in Adelaide in February 2024.

• Staff attended the AIATSIS Summit in June 2024, presenting collaboratively with AIATSIS on RoM.

• Staff attended six training sessions funded by the Australian Government’s Attorney-General’s Department. Topics included Kinship and Social Organisation, Working with Expert Consultants, and Registration Testing.

• Partnered with various institutions (e.g. Curtin University and Aurora) to organise intern placements as an ongoing project.

PBC Executive Office

YMAC provides various governance and administrative related services to Prescribed Bodies Corporate (PBCs) and other Aboriginal corporations across the Yamatji and Pilbara regions. This is managed by our PBC Executive Office team, as well as through other units of the organisation, to – among other things – support statutory compliance, strategic growth and appropriate governance and management of responsibilities to Country and their members.

This work includes the provision of support to PBCs in relation to their functions as prescribed in the Native Title Act 1993 (Cth) (NTA) and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) (CATSI Act), as well as the requirements of the Office of the Registrar of Indigenous Corporations (ORIC) and individual rule books (to ensure each corporation meets its legal obligations). YMAC also provides support to other Aboriginal corporations governed by the CATSI Act and ORIC regulations.

Some of the obligations of PBCs and Aboriginal corporations under the CATSI Act include conducting annual general, special and directors’ meetings, maintaining a register of members, keeping accounts and records, and lodging reports with ORIC.

To assist client corporations in meeting these requirements, regular tasks undertaken by the PBC Executive Office and associated teams include receiving and sending correspondence on their behalf, organising and facilitating meetings, working with chairpersons to prepare agendas, and liaising with stakeholders wanting to engage with them.

YMAC also works collaboratively with client corporations to create policies and procedures, coordinate operational requirements, and undertake governance training to build capacity and become more self-reliant.

Yamatji Marlpa

Throughout the reporting period, YMAC’s PBC Executive Office team and other teams:

• shared information on PBC Basic Support Funding and how to apply to all 35 PBCs in YMAC’s representative regions;

• provided updates, notifications and training opportunities to all 35 PBCs in YMAC’s representative regions, including contributing to the monthly PBC eNews and providing input to the agendas of YMAC-involved forums specifically for PBCs;

• contributed to the development of key resources and publications, such as YMAC’s new online Renewable Energy Guide;

• directly provided executive office support and services to 13 PBCs and one other Aboriginal corporation; and

• provided support for 129 meetings conducted over a total of 257 meeting days for our client corporations, including:

• 64 board meetings,

• eight annual and special general meetings,

• six Common Law Holder meetings, and

• 51 workshops and other meetings, including training, strategic planning, consultations, fieldtrips, return of research, subcommittee meetings and community information sessions.

In addition, PBC Executive Office team members undertook training and participated in various workshops and conferences with other representative bodies; to share information and develop best practice standards for the sector, and to provide input to enhance YMAC’s service offering to its client corporations.

Annual Report 2024 | Yamatji Marlpa Aboriginal Corporation

Ringneck parrot spotted in the Yamatji Nation Native Title Determination Area (Photo: José Kalpers)

Land and Sea Management

Land and Sea Management (LSM) encompasses a wide range of functions and activities that can be broadly described as ‘looking after Country’. It is one of the most promising land access outcomes in the context of self-determination for the Traditional Owners YMAC represents.

YMAC’s LSM team provides customised services to meet the specific needs of our clients, helping them to meet their shortand long-term goals, identify appropriate resources, and manage projects on their Country. This work can involve project management, cultural heritage and environmental conservation planning, fieldwork, grant seeking,

geospatial (mapping) support, on-the-ground delivery of works, administrative tasks, media liaison, reporting, and much more.

In this reporting period, YMAC provided operational and administrative support to deliver several Aboriginal LSM projects throughout its representative regions, including its flagship program on Nyangumarta Country.

Wildlife spotted in Baiyungu Sea Country (Photo: José Kalpers)

Nyangumarta

The Nyangumarta rangers have had another impressive year delivering on the management of their Indigenous Protected Area (IPA). The two main grants (provided by the National Indigenous Australians Agency (NIAA)) supporting this work saw completion rates of 91% (for the ranger grant) and 92% (for the IPA grant). This included new infrastructure developed in the IPA, with above and below ground water tanks installed at three locations along the Nyangumarta Highway.

In the past year, two additional rangers transitioned to permanent part-time, with six rangers now employed on fixed-term contracts. New rangers continue to join the group, and a large base of casual rangers and cultural advisors participate in the program in a more flexible way. The rangers are continuing with their Certifications in Conservation and Ecosystem Management through North Regional TAFE, with training often completed on Country. Sixteen rangers completed units this year, with one ranger finishing their Cert III and two others their Cert II.

Excitingly, Nyangumarta also received an ‘Our Marine Parks’ grant this year, which will allow for further development of work in the marine space. Community planning meetings to shape Nyangumarta’s vision for this extended work are planned. Rangers will also be completing Coxswains training, as well as conducting baited remote underwater video stations (BRUVS) and seagrass monitoring from liveaboard vessels. The rangers and Traditional Owners have also continued their involvement in the Kimberley Indigenous Salt Water Advisory Group (ISWAG).

Further, the team continued to develop strong partnerships with various agencies and organisations, including the Western Australian Department of Biodiversity, Conservation and Attractions (DBCA), the Western Australian Department of Primary Industries and Regional Development (DPIRD), Environs Kimberley, Charles Darwin University, Rangelands NRM, the University of Western Australia (UWA), Central Queensland University (CQU), Deakin University and Curtin University. These groups provide guidance and assistance with many of the projects and participate in IPA Advisory Committee meetings.

Cultural mapping

Elders, cultural advisors and rangers participated in a week-long cultural mapping project with UWA: ‘The Desert Peoples Project’. Twenty sites were visited, with the team further assessing cultural values of known significant rock shelter sites in the IPA and locating a suite of new sites. A second weeklong trip (partially funded by DBCA) was also carried out to record new sites. A third trip using helicopters to explore remote rocky outcrops combined Black-footed rock-wallaby monitoring with cultural site mapping, involving Elders and rangers. New cultural sites have also been discovered carrying out routine ranger work, and rangers have then been able to subsequently take Elders out to these sites for them to visit and assess. The project has provided valuable opportunities for intergenerational knowledge transfer, with 54 days of trips involving knowledge exchange between rangers and Elders or children undertaken (totalling 198 ranger, 75 Elder and 225 youth days).

Wildlife monitoring

The IPA contains more than 400 rocky outcrops scattered over about 20,000 km² in the Great Sandy Desert, many in very remote areas. The team has extended their systematic survey of these outcrops, in the process finding new populations of Black-footed rock-wallaby, as well as rediscovering significant cultural sites, such as rock paintings and artefacts. Excitingly this year, the rangers discovered a Northern Quoll on a camera trap (adding to a previous camera trap sighting by DBCA at Walyarta in 2019), as well as sighting a possum while out spotlighting (adding to previous evidence of the species on the IPA found through eDNA samples).

The first phase the Wartaji (Dingo) Project – which developed out of discussions with rangers and Traditional Owners about what was important to them to learn about on Nyangumarta Country – has been completed, yielding exciting preliminary information about the population in the IPA, including data on their movements and diet, as well as their cultural significance for Traditional Owners. A PhD project has been approved and a student is being sought to continue this project with the team.

In the marine space, the team has continued their collaboration with DPIRD and DBCA carrying out fin fish surveys, providing results on the biological parameters of threadfin populations as well as collecting important data to inform more intensive future surveys into population health. Additionally, the team carried out satellite tagging of dwarf sawfish and measurements of dwarf and green sawfish, providing important information on these understudied and critically endangered species.

Ferals management

Increasingly being recognised for their leadership in feral cat management, the team were invited to present to the National Cat Management Taskforce (which included the Threatened Species Commissioner) on their ‘Cat Management Journey’.

A large ‘Saving Native Species’ grant was secured, ensuring the vital work of managing ferals to protect the threatened and vulnerable species on Nyangumarta Country (including: Black-footed rock-wallabies, bilbies, Northern Quolls and Brushtail Possums) continues.

The team obtained their Corporate Licence for firearms, which has increased their capacity in feral animal management. A total of twenty cats were removed from the IPA using a combination of shooting and trapping, with the women’s team increasingly involved in this aspect of ranger work. Six cartridges were fired at feral cats using the Felixers, likely equating to a further six cats being removed from rocky outcrop areas where they are occurring alongside vulnerable and threatened species.

A short film on Nyangumarta’s feral cat management was made in collaboration with the Indigenous Desert Alliance (IDA), available on its website: www. indigenousdesertalliance.com/stories/ nyangumarta-rangers-looking-afterblack-footed-rock-wallaby.

Fire management

Due to the excellent ranger-led burning in the 2022-23 work year, huge tracts of Nyangumarta Country were saved from the massive fires that burnt through the Great Sandy Desert from October 2023 to February 2024. The rangers participated in controlled burns in collaboration with the Bidyadanga Aboriginal Community (La Grange) (BACLG), the Western Australian Department of Fire and Emergency Services (DFES) and the Karajarri Rangers to protect the Bidyadanga Community from wildfire. Additionally, the team assisted with fire suppression activities alongside DFES, DBCA and station owners as wildfires threatened neighbouring Anna Plains and Shamrock stations.

The team continued its participation in the Sandy Deserts Fire and Biodiversity Project, which aims to conduct fire management that is better informed by scientific and cultural data.

Nyangumarta was selected by IDA to participate in a pilot Desert Habitat Method Project, looking at fire regimes tailored to Nyangumarta Country (to commence in August 2024).

All of this work will underpin and feed into the longer-term Nyangumarta Fire Management Plan and supporting guidelines.

Nyangumarta Rangers on-Country checking feral cat traps (Photo: Jake Muller) Annual Report

Recognition of Nyangumarta rangers’ dedication and achievements

Strong leadership skills are continuing to emerge in the Nyangumarta team and many of the rangers are being recognised for their outstanding work.

Senior ranger Roberta Hunter received the 2023 Kimberley Ranger Network Leadership award. Her dedication and support of the ranger team, particularly the young women, is exceptional.

Two Nyangumarta rangers attended the Desert Women Rangers Leadership Trip hosted by IDA and Thin Green Line. They spent ten days in Melbourne, strengthening their public speaking skills, building their confidence and creating leadership pathways for themselves into the future.

One senior ranger continued to develop her strong leadership skills, attending the week-long Women’s Environmental Leadership Australia (WELA) Northern Western Australia Leadership Intensive.

Due to the rangers’ strong commitment to the Australian Government’s Biosecurity Program, two rangers attended the invite only ‘Rubbish on the Shore’ Ghost Net Think Tank forum in Gulkula, Arnhem Land.

One ranger and one ranger coordinator attended the Northern Australian Indigenous Biosecurity Forum at Kurrimine Beach in Queensland, and Nyangumarta was invited to present on their work to an audience of over 250 rangers and biosecurity staff in attendance.

Two rangers, a cultural advisor and the IPA Coordinator attended and presented at the National Inaugural First Nations Dingo Forum in Cairns, and a paper ‘Indigenous led wartaji (dingo) research on Pirra Country (Great Sandy Desert): a case study from the Nyangumarta Warrarn Indigenous Protected Area’ has been accepted and will soon be published by the Commonwealth Scientific and Industrial Research Organisation (CSIRO) in its Wildlife Research journal.

Malgana

In April 2024, YMAC signed a new Service Level Agreement with Malgana Aboriginal Corporation RNTBC (MAC), whereby YMAC provides a wide range of services to MAC. This includes support in delivering LSM activities in the Shark Bay area, in particular, the Malgana ranger program. MAC also has a funding agreement with the State-funded Aboriginal Ranger Program (ARP), and various partnerships with stakeholders, such as CSIRO and Rangelands NRM. As part of the new service agreement, YMAC is running the daily ranger operations, reporting to the MAC Board of Directors, which is providing the high-level supervision of the program.

YMAC’s LSM team has so far identified more than 15 rangers or cultural advisors, who will be casually employed by MAC. A ranger coordinator has been identified and will commence employment in July 2024. In the near future, the rangers and cultural advisors will undergo training in leadership and in conservation and ecosystem management, while more specialised capacity building, such as first aid, mental health first aid and 4WD will be addressed later.

YMAC will also assist MAC in developing fee-for-service opportunities, such as with DBCA, Rangelands NRM, Bush Heritage Australia, research institutions and pastoral stations.

Malgana Country (Photo: José Kalpers)

Other key LSM projects

Nganhurra Thanardi Garrbu Aboriginal Corporation

YMAC’s LSM team provided regular support to Nganhurra Thanardi Garrbu Aboriginal Corporation RNTBC (NTGAC) in a number of areas, particularly in relation to the proposed Exmouth Gulf Marine Park, a Sea Country Plan, and Indigenous Cultural Intellectual Property Protocols for the corporation.

Ngarlawangga

Aboriginal Corporation

YMAC’s LSM team continued helping Ngarlawangga Aboriginal Corporation RNTBC (NAC) in their representation on the Pilbara Ranger Network (PRN, formally known as the Pilbara Cultural Land Management Project): an initiative gathering twelve language groups in the region, coordinated by the Pilbara Development Commission, and financially supported by Lotterywest, Rio Tinto, BHP and NIAA.

The PRN seeks to build the collective technical capability and skills of project partners and develop a set of common digital platforms, tools and resources that support collaboration in data collection and sharing, sustainable environmental and cultural land monitoring and management activities, and the preservation of natural and cultural heritage.

The LSM team also continued to work on the development of a Healthy Country Plan for Ngarlawangga people, supported by the ARP and Rio Tinto. Sections of the Healthy Country Plan were drafted with input from NAC members and Elders. Unfortunately, field trips planned for the year had to be postponed for various reasons and will be conducted in 2024-25.

Dingo spotted on Ngarlawangga Country (Photo: José Kalpers)

Other key LSM highlights

• The position of Environmental Scientist, which was previously part of the Heritage team, has been moved to the LSM unit. This will enable a better integration of YMAC services in the area of natural resource management.

• During the reporting period, the LSM team worked closely with a couple of the PBCs YMAC supports to develop three large funding applications: one for a proposed IPA consultation project (unsuccessful), and two for new ranger programs (still pending).

• The LSM team contributed subject matter expertise on several internal policies and public submissions, including on the Sustainable Ocean Plan, YMAC’s Renewable Energy Guide, Nature Positive, carbon farming methodologies, and more.

Wildlife spotted on Malgana Country (Photo: José Kalpers) Annual Report 2024 | Yamatji Marlpa Aboriginal

The Heritage team at YMAC offers a variety of services to clients through customised agreements, specifically designed to meet their individual needs and directives. Through this work, YMAC strives to assist groups and their Prescribed Bodies Corporate (PBCs) to build on their existing knowledge, skills and capacity, to help make sure First Nations people are at the forefront in the governance and stewardship of their cultural heritage.

Our heritage services include (but are not limited to):

• organising archaeological and ethnographic heritage surveys;

• assisting in the ongoing protection of sites and cultural heritage;

• managing heritage requests under both State and Federal legislation;

• providing Social Surroundings advice; and

• identifying funding opportunities and managing grant application processes.

Yamatji Marlpa

Smooth knob-tailed gecko spotted on Nyangumarta Country (Photo: Jessica Bolton)

The 2023-24 Financial Year has been one of steady growth for YMAC’s Heritage team. The ever-expanding mining and exploration industry in Western Australia now includes a government directive to clear land for renewable energy infrastructure; the Energy Transformation Strategy seeks to elevate the state’s reputation as a global leader in this ever-emerging market. The Heritage team received notice from two large energy companies over the past year that wish to develop extensive infrastructure within YMAC’s representative areas, and will be working closely with these clients to ensure their cultural heritage is at the forefront of any decision-making.

The Heritage team also achieved success in securing more than $100,000 in grant funding for PBC clients through the Western Australian Department of Planning, Lands, and Heritage (DPLH) Preserve, Promote and Protect Aboriginal Sites scheme. These grants will finance site visits and consultations on Country, aimed at obtaining further information to inform future funding to safeguard these sites for years to come.

In the reporting period, YMAC’s Heritage team:

• Coordinated 24 surveys and twelve monitoring trips with Traditional Owners.

• Assisted two PBC clients with planning around two proposed major renewable projects.

• Continued collaboration with YMAC’s Geospatial team to improve the organisation’s survey database with a push to upload all historical spatial data.

• Attended the 2023 Australian Archaeological Association Inc. (AAA) Conference on the Gold Coast.

• Participated in the DPLH Aboriginal Heritage Forum.

• Successfully obtained DPLH grants for three PBCs: Budina, Nanda, and Ngarlawangga.

• Recommenced providing heritage services to Malgana Aboriginal Corporation RNTBC (MAC) at its request. We look forward to working with MAC again and assisting where we can in building its capacity to best manage Malgana cultural heritage.

• Attended several meetings across both regions to update and advise on heritage matters.

INDEPENDENT AUDITOR'S REPORT

TO THE MEMBERS OF YAMATJI MARLPA ABORIGINAL CORPORATION

Report on the Audit of the Financial Report

Opinion

We have audited the financial report of Yamatji Marlpa Aboriginal Corporation (“the Corporation”) and its controlled entities (“the Consolidated Entity”), which comprises the consolidated statement of financial position as at 30 June 2024, the consolidated statement of comprehensive income, the consolidated statement of changes in equity and the consolidated statement of cash flows for the year then ended, and notes to the financial statements, including a summary of significant accounting policies and other explanatory information, and the statement by the Directors and Chief Executive Officer of the Consolidated Entity, comprising the Corporation and the entities it controlled at the year’s end or from time to time during the financial year.

In our opinion:

a. the accompanying financial report of Yamatji Marlpa Aboriginal Corporation is in accordance with the Corporations (Aboriginal and Torres Strait Islander) Act 2006 , including:

(i) giving a true and fair view of the Corporation’s financial position as at 30 June 2024 and of its financial performance for the year then ended; and

(ii) complying with Australian Accounting Standards and the Corporations (Aboriginal and Torres Strait Islander) Regulations 2017 and any applicable determinations made by the registrar of Aboriginal Corporations under Division 336 of the Act.

Basis for Opinion

We conducted our audit in accordance with Australian Auditing Standards. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Report section of our report. We are independent of the Consolidated Entity in accordance with the auditor independence requirements of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 and the ethical requirements of the Accounting Professional and Ethical Standards Board’s APES 110 Code o f Ethics for Professional Accountants (the Code) that are relevant to our audit of the financial report in Australia. We have also fulfilled our other ethical responsibilities in accordance with the Code.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion.

Other Information

The directors are responsible for the other information. The other information comprises the information included in the Consolidated Entity ’s annual report for the year ended 30 June 2024, but does not include the financial report and our auditor’s report thereon.

Our opinion on the financial report does not cover the other information and accordingly we do not express any form of assurance conclusion thereon.

In connection with our audit of the financial report, our responsibility is to read the other information and, in doing so, consider whether the other information is materially inconsistent with the financial report or our knowledge obtained in the audit or otherwise appears to be materially misstated.

If, based on the work we have performed, we conclude that there is a material misstatement of this other information, we are required to report that fact. We have nothing to report in this regard.

Responsibilities of the Directors for the Financial Report

The directors of the Corporation are responsible for the preparation of the financial report that gives a true and fair view in accordance with Australian Accounting Standards and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 and for such internal control as the directors determine is necessary to enable the preparation of the financial report that gives a true and fair view and is free from material misstatement, whether due to fraud or error.

In preparing the financial report, the directors are responsible for assessing the Consolidated Entity’s ability to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless the directors either intend to liquidate the Consolidated Entity or to cease operations, or has no realistic alternative but to do so.

Auditor’s Responsibilities for the Audit of the Financial Report

Our responsibility is to express an opinion on the financial report based on our audit. Our objectives are to obtain reasonable assurance about whether the financial report as a whole is free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with the Australian Auditing Standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of this financial report.

As part of an audit in accordance with the Australian Auditing Standards, we exercise professional judgement and maintain professional skepticism throughout the audit. We also:

• Identify and assess the risks of material misstatement of the financial report, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control.

• Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Consolidated Entity ’s internal control.

• Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by the directors

• Conclude on the appropriateness of the directors’ use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the Consolidated Entity’s ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditor’s report to the related disclosures in the financial report or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditor’s report. However, future events or conditions may cause the Consolidated Entity to cease to continue as a going concern.

• Evaluate the overall presentation, structure and content of the financial report, including the disclosures, and whether the financial report represents the underlying transactions and events in a manner that achieves fair presentation.

• Obtain sufficient appropriate audit evidence regarding the financial information of the entities or business activities within the Consolidated Entity to express an opinion on the financial report. We are responsible for the direction, supervision and performance of the Consolidated Entity audit. We remain solely responsible for our audit opinion.

We communicate with the directors regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit.

We also provide the directors with a statement that we have complied with relevant ethical requirements regarding independence, and to communicate with them all relationships and other matters that may reasonably be thought to bear on our independence, and where applicable, related safeguards.

From the matters communicated with the directors, we determine those matters that were of most significance in the audit of the financial report of the current period and are therefore the key audit matters. We describe these matters in our auditor’s repor t unless law or regulation precludes public disclosure about the matter or when, in extremely rare circumstances, we determine that a matter should not be communicated in our report because the adverse consequences of doing so would reasonably be expected to outweigh the public interest benefits of such communication.

HALL CHADWICK WA AUDIT PTY LTD

D M BELL CA Director

Dated this 11th day of October 2024

Perth, Western Australia

Statement by

Directors, Chief Executive Officer and Chief Financial Officer

In our opinion, at the date of this statement, the attached financial statements for the year ended 30 June 2024:

(a) are in accordance with the Corporations (Aboriginal and Torres Strait Islander) Act 2006, including:

(i) giving a true and fair view of the Corporation’s position as at 30 June 2024 and of its performance, for the financial year ended on that date; and

(ii) complying with Australian Accounting Standards (including the Australian Accounting Interpretations) and Corporations (Aboriginal and Torres Strait Islander) Regulations 2017 .

(b) there are reasonable grounds to believe that Yamatji Marlpa Aboriginal Corporation will be able to pay its debts as and when they become due and payable.

This Statement is made in accordance with a resolution of the Board of Directors.

Doris Eaton

Director YMAC

11 October 2024

Peter Windie Director YMAC

October 2024

Simon Hawkins Chief Executive Officer YMAC

October 2024

Nick Kimber Chief Financial Officer YMAC

October 2024

Yamatji Marlpa Aboriginal Corporation

Consolidated

Statement of Financial Position at 30 June 2024

The above statement should be read in conjunction with the accompanying notes.

Investing Activities

The above statement should be read in conjunction with the accompanying

Consolidated Statement of Changes in Equity

Schedule of Asset Additions for the period ended 30 June 2024

Notes to the Consolidated Financial Statements

as at 30 June 2024

The financial statements cover the consolidated financial statements of Yamatji Marlpa Aboriginal Corporation (YMAC) as a Group. YMAC is an association incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI) with its principal place of business and registered address at Level 8, 12 The Esplanade, Perth WA 6000.

NOTE 1 - SUMMARY OF MATERIAL ACCOUNTING POLICIES

1.1 Basis of Preparation of the Consolidated Financial Statements

The consolidated financial statements are required by clause 1(b) of Schedule 1 to the Commonwealth Authorities and Companies Act general purpose financial statements.

The statements have been prepared in accordance with:

(i) Finance Minister’s Orders (or FMO); and

(ii) Australian Accounting Standards and interpretations issued by the Australian Accounting Standards Board (AASB) that apply for the reporting period.

The consolidated financial statements have been prepared on an accrual basis and in accordance with historical cost convention, except for certain assets at fair value. Except where stated, no allowance is made for the effect of changing prices on the results or the financial position. Amounts shown in these financial statements may not add to the correct sub-totals or totals due to rounding.

Assets and liabilities are recognised in the statement of financial position for not-for-profit report entities when and only when it is probable that future economic benefits will flow to the entity or a future sacrifice of economic benefits will be required and the amounts of the assets or liabilities can be reliably measured. However, assets and liabilities arising under agreements equally proportionately unperformed are not recognised unless required by an accounting standard. Liabilities and assets that are unrecognised are reported in the Schedule of Commitments.

Unless alternative treatment is specifically required by an accounting standard, income and expenses are recognised in the statement of comprehensive income when, and only when, the flow, consumption or loss of economic benefits has occurred and can be reliably measured.

Basis of consolidation

The consolidated financial statements incorporate the financial statements of the Corporation and entities (including structured entities) controlled by the Corporation and its subsidiaries. Control is achieved when the Corporation:

• has power over the investee;

• is exposed, or has rights, to variable returns from its involvement with the investee; and

• has the ability to use its power to affect its returns.

The Corporation reassesses whether or not it controls an investee if facts and circumstances indicate that there are changes to one or more of the three elements of control listed above.

When the Corporation has less than a majority of the voting rights of an investee, it has power over the investee when the voting rights are sufficient to give it the practical ability to direct the relevant activities of the investee unilaterally. The Corporation considers all relevant facts and circumstances in assessing whether or not the Corporation’s voting rights in an investee are sufficient to give it power, including:

• the size of the Corporation’s holding of voting rights relative to the size and dispersion of holdings of the other vote holders;

• potential voting rights held by the Corporation, other vote holders or other parties;

• rights arising from other contractual arrangements;

Notes to the Consolidated Financial Statements

1.1. Basis of Preparation of the Consolidated Financial Statements (continued)

Basis of consolidation (continued)

and any additional facts and circumstances that indicate that the Corporation has, or does not have, the current ability to direct the relevant activities at the time that decisions need to be made, including voting patterns at previous members’ meetings.

Consolidation of a subsidiary begins when the Corporation obtains control over the subsidiary and ceases when the Corporation loses control of the subsidiary. Specifically, income and expenses of a subsidiary acquired or disposed of during the year are included in the consolidated statement of profit or loss and other comprehensive income from the date the Corporation gains control until the date when the Corporation ceases to control the subsidiary.

Profit or loss and each component of other comprehensive income are attributed to the members of the Corporation and to the non-controlling interests. Total comprehensive income of subsidiaries is attributed to the members of the Corporation and to the noncontrolling interests even if this results in the non-controlling interests having a deficit balance.

When necessary, adjustments are made to the financial statements of subsidiaries to bring their accounting policies into line with the Group’s accounting policies.

All intragroup assets and liabilities, equity, income, expenses and cash flows relating to transactions between members of the Group are eliminated in full on consolidation.

1.2. Revenue

Revenue is measured when or as the control of the goods or services is transferred to a customer. Depending on the terms of the contract and the laws that apply to the contract, control of the goods and services may be transferred over time or at a point in time.

If control of the goods and services transfers over time, revenue is recognised over the period of the contract by reference to the progress towards complete satisfaction of that performance obligation.

If a customer pays consideration before the Corporation transfers the goods or services to the customer, the Corporation presents the contract liability (referred to as deferred revenue) when the payment is made. A contract liability is the Corporation’s obligation to transfer goods or services to a customer for which the Corporation has received consideration.

Revenue from disposal of non-current assets is recognised when control of the asset has passed to the buyer.

Interest revenue is recognised on a time proportionate basis that takes into account the effective yield on the relevant asset.

Revenue from grants received from government funding organisations is recognised when received, and is deferred as a liability to the extent that unspent grants are required to be repaid to the funding organisation.

1.3. Employee Benefits

Benefits

Liabilities for services rendered by employees are recognised at the reporting date to the extent that they have not been settled.

Liabilities for short term employee benefits (as defined in AASB 119) and termination benefits due within 12 months of the end of reporting period are measured at their nominal amounts. The nominal amount is calculated with regard to the rates expected to be paid on settlement of the liability.

1.3.

1.4.

Employee Benefits (continued)

Benefits (continued)

Leave

Notes to the Consolidated Financial Statements as

at 30 June 2024

Other long-term employee benefits are measured as net total of the present value of the future cash outflows to be made in respect of services provided by employees up to the reporting date.

The liability for employee benefits includes provision for annual leave and long service leave. No provision has been made for sick leave as all sick leave is non-vesting and the average sick leave taken in future years by employees of YMAC is estimated to be less than the annual entitlement for sick leave.

The leave liabilities are calculated on the basis of employees’ remuneration at the estimated salary rates that will be applied at the time the leave is taken, including YMAC’s employer superannuation contribution rates to the extent that the leave is likely to be taken during service rather than paid out on termination.

Leave is shown as at 30 June 2024. The estimate of the present value of the liability takes into account attrition rates and pay increases through promotion and inflation.

Superannuation

Contributions are made to employee superannuation fund of their choice and charged as expenses when incurred. The liability for superannuation recognised as at 30 June represents outstanding contributions for the final month of the year.

Grants

Most grant agreements require YMAC to perform services, provide facilities or meet eligibility criteria. In these cases, YMAC recognises grant liabilities only to the extent that the services required have not been performed or the eligibility criteria have not been satisfied by YMAC.

In cases where grant agreements are made without conditions to be monitored, liabilities are recognised on signing the agreement.

Grants relating to the purchase of property plant and equipment are recognized at fair value and treated as an asset and as income when the Corporation gains control of the contribution. This is in accordance with the treatment of grants under AASB 1058 of the Australian Accounting Standards. Not for profit entities are still required to comply with AASB under IFRS and, therefore, there is no change on the treatment of Grants on adoption of IFRS.

1.5. Leases

The Corporation leases various commercial properties. Until the 2019 financial year, leases of commercial properties and office equipment were classified as operating leases. Payments made under operating leases (net of any incentives received from the lessor) were charged to profit or loss on a straight-line basis over the period of the lease.

From 1 July 2019, leases are recognised as a right of use asset and a corresponding liability at the date at which the leased asset is available for use by the Corporation. Each lease payment is allocated between the liability and finance cost. The right-of-use asset is depreciated over the lease term on a straight-line basis. Assets and liabilities arising from a lease are initially measured on a present value basis.

Notes to the Consolidated Financial Statements

1.5. Leases (continued)

Lease Liability includes the net present value of the following lease payments:

• Fixed payments (including in-substance fixed payments), less any lease incentives receivable

• Variable lease payments that are based on an index or a rate Right of Use Assets are measured at cost comprising the following:

• The amount of the initial measurement of the lease liability net of any previously recognised onerous lease provisions; and

• Any restoration costs applicable to the lease.

Payments associated with short-term leases and leases of low-value assets are recognised on a straight-line basis as an expense in profit or loss. Short term leases are leases with a lease term of 12 months or less. Low-value assets comprise of office equipment.

1.6. Cash

Cash and cash equivalents includes cash on hand and demand deposits in bank accounts with an original maturity of 3 months or less that are readily convertible to known amounts of cash and subject to insignificant risk of changes in value. Cash is recognised at its nominal amount. Interest is credited to revenue as it accrues.

1.7.

Financial Instruments

Financial assets and financial liabilities are recognised in the Corporation’s statement of financial position when the Corporation becomes a party to the contractual provisions of the instrument.

Financial instruments (except for trade receivables) are initially measured at fair value plus transaction costs, except where the instrument is classified “at fair value through profit or loss”, in which case transaction costs are expensed to profit or loss immediately.

Financial assets

Financial assets are subsequently measured at:

• amortised cost;

• fair value through other comprehensive income; or

• fair value through profit or loss.

A financial asset that meets the following conditions is subsequently measured at amortised cost:

• the financial asset is managed solely to collect contractual cash flows; and

• the contractual terms within the financial asset give rise to cash flows that are solely payments of principal and interest on the principal amount outstanding on specified dates.

A financial asset that meets the following conditions is subsequently measured at fair value through other comprehensive income:

• the contractual terms within the financial asset give rise to cash flows that are solely payments of principal and interest on the principal amount outstanding on specified dates;

• the business model for managing the financial assets comprises both contractual cash flows collection and the selling of the financial asset.

Notes to the Consolidated Financial Statements

1.7. Financial Instruments (continued)

Financial assets (continued)

By default, all other financial assets that do not meet the measurement conditions of amortised cost and fair value through other comprehensive income are subsequently measured at fair value through profit or loss. The initial designation of the financial instruments to measure at fair value through profit or loss is a one-time option on initial classification and is irrevocable until the financial asset is derecognised.

Financial liabilities

Financial liabilities are subsequently measured at:

• amortised cost; or

• fair value through profit or loss.

A financial liability is measured at fair value through profit and loss if the financial liability is:

• a contingent consideration of an acquirer in a business combination to which AASB 3: Business Combinations applies;

• held for trading; or

• initially designated as at fair value through profit or loss.

All other financial liabilities are subsequently measured at amortised cost using the effective interest method.

1.8. Financial Risk Management

YMAC’s activities expose it to normal commercial financial risk. As a result of the nature of YMAC ‘s business and internal and Australian Government policies, dealing with the management of financial risk, YMAC ‘s exposure to market, credit, liquidity and cash flow and fair value interest rate risk is considered to be low..

1.9. Derecognition of Financial Assets and Liabilities

Derecognition refers to the removal of a previously recognised financial asset or financial liability from the statement of financial position.

Derecognition of financial assets

A financial asset is derecognised when the holder’s contractual rights to its cash flows expires, or the asset is transferred in such a way that all the risks and rewards of ownership are substantially transferred.

All of the following criteria need to be satisfied for derecognition of financial asset:

• the right to receive cash flows from the asset has expired or been transferred;

• all risk and rewards of ownership of the asset have been substantially transferred; and

• the Corporation no longer controls the asset (ie the Corporation has no practical ability to make a unilateral decision to sell the asset to a third party).

On derecognition of a financial asset measured at amortised cost, the difference between the asset’s carrying amount and the sum of the consideration received and receivable is recognised in profit or loss.

On derecognition of a debt instrument classified as at fair value through other comprehensive income, the cumulative gain or loss previously accumulated in the investment revaluation reserve is reclassified to profit or loss.

Notes to the Consolidated Financial Statements

1.9. Derecognition of Financial Assets and Liabilities (continued)

On derecognition of an investment in equity which was elected to be classified under fair value through other comprehensive income, the cumulative gain or loss previously accumulated in the investment revaluation reserve is not reclassified to profit or loss, but is transferred to retained earnings.

Derecognition of financial liabilities

A liability is derecognised when it is extinguished (ie when the obligation in the contract is discharged, cancelled or expires). An exchange of an existing financial liability for a new one with substantially modified terms, or a substantial modification to the terms of a financial liability is treated as an extinguishment of the existing liability and recognition of a new financial liability.

The difference between the carrying amount of the financial liability derecognised and the consideration paid and payable, including any non-cash assets transferred or liabilities assumed, is recognised in profit or loss.

1.10. Impairment of Financial Assets

The Corporation recognises a loss allowance for expected credit losses on financial assets that are measured at amortised cost or fair value through other comprehensive income. Loss allowance is not recognised for:

• financial assets measured at fair value through profit or loss; or

• equity instruments measured at fair value through other comprehensive income.

The Corporation uses the simplified approach to impairment, as applicable under AASB 9: Financial Instruments:

Simplified approach

The simplified approach does not require tracking of changes in credit risk at every reporting period, but instead requires the recognition of lifetime expected credit loss at all times. This approach is applicable to:

• trade receivables or contract assets that result from transactions within the scope of AASB 15: Revenue from Contracts with Customers and which do not contain a significant financing component; and

• lease receivables.

In measuring the expected credit loss, a provision matrix for trade receivables was used taking into consideration various data to get to an expected credit loss (ie diversity of customer base, appropriate groups of historical loss experience, etc).

Recognition of expected credit losses in financial statements

At each reporting date, the Corporation recognises the movement in the loss allowance as an impairment gain or loss in the statement of profit or loss and other comprehensive income.

The carrying amount of financial assets measured at amortised cost includes the loss allowance relating to that asset.

Assets measured at fair value through other comprehensive income are recognised at fair value, with changes in fair value recognised in other comprehensive income. Amounts in relation to change in credit risk are transferred from other comprehensive income to profit or loss at every reporting period.

For financial assets that are unrecognised (eg loan commitments yet to be drawn, financial guarantees), a provision for loss allowance is created in the statement of financial position to recognise the loss allowance.

1.11.

1.12.

1.13.

Other Financial Liabilities

at 30 June 2024

Notes to the Consolidated Financial Statements as

Trade creditors and accruals are recognised at their nominal amounts, being the amounts at which the liabilities will be settled. Liabilities are recognised to the extent that the goods or services have been received (and irrespective of having been invoiced).

Acquisition of Assets

Assets are recorded at cost on acquisition except as stated below. The cost of acquisition includes the fair value of assets transferred in exchange and liabilities undertaken. Financial assets are initially measured at their fair value plus transaction costs where appropriate.

Property, Plant and Equipment

Revaluations Basis

Land, buildings and infrastructure are carried at valuation, being revalued with sufficient frequency such that the carrying amount of each asset class is not materially different, as at reporting date, from its fair value. Valuations undertaken in any year are as at 30 June.

Asset class Fair value measured at:

Land Market selling price

Buildings Market selling price

Land and building assets are valued every three years. Formal valuations are carried out by an independent qualified valuer. In FY2023, the revaluations of 171 Marine Terrace, Geraldton and 45 Forrest Street, Geraldton were conducted by an independent valuer Tony Gorman (Acumentis (WA) Pty Ltd). A valuation of 8 Manganese St, Wedgefield was not conducted as it was purchased within the last three years. Land and buildings are measured at fair cost less accumulated depreciation.

Plant and equipment is stated at cost less accumulated depreciation and any impairment in value.

Revaluation adjustments are made on a class basis. Any revaluation increment is credited to equity under the heading of asset revaluation except to the extent that it reverses a previous revaluation decrement of the same asset class that was previously recognised in the surplus/ deficit. Revaluation decrements for a class of assets are recognised directly in the surplus/ deficit except to the extent that they reverse a previous revaluation increment for that class. Any accumulated depreciation as at the revaluation date is eliminated against the gross carrying amount of the asset and the asset restated to the revalued amount.

Depreciation

Depreciable property plant and equipment assets are written-off to their estimated residual values over their estimated useful lives to YMAC using, in all cases, the straight-line method of depreciation.

Depreciation rates (useful lives) and methods are reviewed at each reporting date and necessary adjustments are recognised in the current, or current and future reporting periods, as appropriate. Residual values are re-estimated for a change in prices only when assets are revalued.

Depreciation rates applying to each class of depreciable asset are based on the following useful lives:

The aggregate amount of depreciation allocated for each class of asset during the reporting period is disclosed in Note 8B.

Notes to the Consolidated Financial Statements

1.13. Property, Plant and Equipment (continued)

Impairment

All assets were assessed for impairment at 30 June 2023. Where indications of impairment exists, the asset’s recoverable amount is estimated and an impairment adjustment made if the asset’s recoverable amount is less than its carrying amount.

The recoverable amount of an asset is the higher of its fair value less costs to sell and its value in use. Value in use is the present value of the future cash flows expected to be derived from the asset. Where the future economic benefit of an asset is not primarily dependent on the asset’s ability to generate cash flows, and the asset would be replaced if the YMAC were deprived of the asset; its value in use is taken to be its depreciated replacement cost.

Decommissioning, Restoration and Make-good

When assessing accommodation leases for the preparation of the opening balance sheet, no obligations under the leases for make-good were determined.

In relation to non-financial assets, YMAC has assessed at the reporting date that there is no obligation for decommissioning, restoration or make good.

1.14. Taxation

YMAC is exempt from all forms of taxation except fringe benefits tax and the goods and services tax (GST).

Revenues, expenses and assets are recognised net of GST except:

• where the amount of GST incurred is not recoverable from the Australian Taxation Office; and

• for receivables and payables.

1.15. Comparatives

Where necessary, the prior year comparatives have been amended to facilitate comparison with the current year presentation of financial information.

1.16. Critical accounting judgements and key sources of estimation uncertainty

In the application of the Corporation’s accounting policies, the directors are required to make judgments, estimates and assumptions about the carrying amounts of assets and liabilities that are not readily apparent from other sources. The estimates and associated assumptions are based on historical experience and other factors that are considered to be relevant. Actual results may differ from these estimates. The estimates and underlying assumptions are reviewed on an ongoing basis.

Revisions to accounting estimates are recognised in the period in which the estimate is revised if the revision affects only that period, or in the period of the revision and future periods if the revision affects both current and future periods.

Notes to the Consolidated Financial Statements

1.17. Application of new and revised Accounting Standards

New, revised or amending Accounting Standards and Interpretations adopted

In the year ended 30 June 2024, the Directors have reviewed all of the new and revised Standards and Interpretations issued by the AASB that are relevant to the Company and effective for the current annual reporting period. As a result of this review, the Directors have determined that there is no material impact of the new and revised Standards and Interpretations on the Company and, therefore, no material change is necessary to Consolidated Entity accounting policies.

The Directors have also reviewed all of the new and revised Standards and Interpretations in issue not yet adopted for the year ended 30 June 2024. As a result of this review the Directors have determined that there is no material impact of the Standards and Interpretations in issue not yet adopted on the Company and, therefore, no change is necessary to Consolidated Entity accounting policies.

Notes to the Consolidated Financial Statements as at 30 June 2024

NOTE 3 - ECONOMIC DEPENDENCY

Yamatji Marlpa Aboriginal Corporation is an association incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI).

YMAC is dependent on funding from the Commonwealth of Australia for its continued existence and ability to carry on its normal activities.

NOTE 4 - SUBSEQUENT EVENTS

There have been no significant events subsequent to the balance sheet date identified.

Note 5C Sales of Assets

Yamatji

The aggregate amounts of depreciation or amortization expensed during the

period for each class of depreciable asset are as follow:

NOTE 7 - FINANCIAL ASSETS

Notes

to the Consolidated

Financial

Statements as at 30 June 2024

7B Trade and Other Receivables

Trade and other receivables (net)

All receivables are current assets.

are aged as follows:

Allowance for Doubtful Debts is aged as follows:

Overdue by:

Short term deposits are made with varying periods of between three and eight months depending on the immediate cash requirements of the Corporation, and earn interest at the respective short term deposit rates. Guarantees to the value of $451,639 are held with the bank as security over term deposits.

Note 7D Investments accounted for using the equity method

Associated Companies - -

YMAC holds 50% of the issued capital of Pilbara Solar Pty Ltd, which constitutes an investment in an associate. The carrying amount of the investment at balance date is nil (FY2023: nil) and the share of net profit or loss in associate in FY2024 is nil (FY2023: nil).

YMAC has incurred costs on behalf of Pilbara Solar Pty Ltd of $826,521, however as at balance date the balance has been provided for in full. The recoverability of the balance will be assessed annually for impairment purposes.

Note 8A Land and Buildings

Notes to the Consolidated Financial Statements

Note 8B Property, Plant and Equipment

All revaluations are independent and are conducted in accordance with the revaluation policy stated at Note 1.13. In FY2023, the revaluations of 171 Marine Terrace, Geraldton and 45 Forrest Street, Geraldton were conducted by an independent valuer Tony Gorman (Acumentis (WA) Pty Ltd). A valuation of 8 Manganese St, Wedgefield was not conducted as it was purchased within the last three years. Movement in

NOTE 9 - PROVISIONS

Note 9A Employee Provisions

NOTE 10 - SUPPLIER PAYABLES

Notes to the Consolidated Financial Statements as at 30 June 2024

All suppliers are current and settlement is usually made net 30 days.

NOTE 11 - UNEXPENDED GRANTS Unexpended grant carried forward

Unexpended grant carried forward represents grant funds received specifically for approved budget items and which are repayable to the funding organisation to the extent the funds are unspent.

NOTE 12 - INCOME RECEIVED IN ADVANCE

NOTE 14 - EQUITY

Notes to the Consolidated Financial Statements as at 30 June 2024

Note 15A Reconciliation of operating surplus to net cash from operating activities

Non- Cash Items

Note 15B Reconciliation of cash Reconciliation of cash at the end of the financial year (as shown in the Statement of Cash flow) to the related item in the financial report is as follows:

Executive remuneration includes

The net fair values for trade creditors and grant liabilities, all of which are short-term in nature, are approximated by their carrying amounts. Notes to the Consolidated Financial Statements as at 30 June 2024

assets

The net fair values of cash, deposits on call and non-interest-bearing monetary financial assets approximate their carrying amounts. The net fair values of the term deposits are based on discounted cash flows using current interest rates for assets with similar risk profiles.

Financial liabilities

Notes to the Consolidated Financial Statements

as at 30 June 2024

NOTE 18 - RISK EXPOSURES AND RESPONSES

Note 18A Credit Risk

The maximum exposures to credit risk at reporting date in relation to each class of recognised financial assets is the carrying amount of those assets as indicated in the Statement of Financial Position.

The Corporation has no significant exposures to any concentrations of credit risk.

Credit risk of financial instruments not past due or individually determined as impaired:

Ageing of financial assets that are past due but not impaired for 2024

Note 18B Liquidity Risk

This is highly unlikely due to government funding and mechanisms available to YMAC and internal policies and procedures put in place to ensure there are appropriate resources to meet its financial obligations.

YMAC manages its budgeted grant funds to ensure it has adequate funds to meet payments as they fall due. In addition, YMAC has policies in place to ensure timely payments are made when due and has no past experience of default.

Note 18C Interest rate risk

NOTE 19 - REMUNERATION OF AUDITORS

NOTE 20 - SUBSIDIARY

staffing levels for the entity during the year were:

NOTE 22 - DIRECTORS REMUNERATION

The number of directors of the Corporation included in these figures are shown

- $ 149,999

150,000 - $ 224,999

- $ 239,999

Remuneration for attending Board of Directors meetings includes super and tax withheld. Expenses include travel, accommodation and flights paid to Directors to attend Board of

NOTE 23 - RELATED PARTY DISCLOSURES

Loans to Directors:

These comprise overpayments of travel allowances to attend meetings. Most of these overpayments have since been recovered. The balance will be recovered from future travel allowance payments made.

Payment to Directors-related Consultant Entities:

Payments to director-related entities during the year:

Consultant payments to Directors

These include payments made to directors on arm’s length commercial terms for attendance at meetings or participation in survey related activities.

Consultant payments to Directors during the year:

To The Board of Directors,

AUDITOR’S INDEPENDENCE DECLARATION UNDER SECTION 339 -50 OF THE CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006

In accordance with section 339-50 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006, I am pleased to provide the following declaration of independence to the Board of Directors of Yamatji Marlpa Aboriginal Corporation

As lead audit director for the audit of the financial statements of Yamatji Marlpa Aboriginal Corporation for the financial year ended 30 June 2024, I declare that to the best of my knowledge and belief, there have been no contraventions of:

• the auditor independence requirements of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 in relation to the audit; and

• any applicable code of professional conduct in relation to the audit.

Yours faithfully,

HALL CHADWICK WA AUDIT PTY LTD

Dated this 11th day of October 2024

Perth, Western Australia

D M BELL CA Director

Yamatji Marlpa Aboriginal

Abbreviations and acronyms

AAA Australian Archaeological Association Inc.

ACHA Aboriginal Cultural Heritage Act 2021 (WA)

AHLARB Aboriginal Heritage Legislation Amendment and Repeal Bill 2023 (WA)

AHRI Australian HR [Human Resources] Institute

AIATSIS Australian Institute of Aboriginal and Torres Strait Islander Studies

ARP Aboriginal Ranger Program

ASWA Anthropological Society of Western Australia

BACLG Bidyadanga Aboriginal Community (La Grange)

BRUVS Baited Remote Underwater Video Stations

CASWA Council of Aboriginal Services Western Australia

CATSI Act Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)

CEO Chief Executive Officer

CNTA Centre for Native Title Anthropology

CPD Continued Professional Development

CPI Consumer Price Index

CQU Central Queensland University

CROC Cyber Resilience Outreach Clinic

CSEC Core Stakeholder Engagement Consultation

CSIRO Commonwealth Scientific and Industrial Research Organisation

DBCA Western Australian Department of Biodiversity, Conservation, and Attractions

DCCEEW Australian Government’s Department of Climate Change, Energy, the Environment, and Water

DFES Western Australian Department of Fire and Emergency Services

DPIRD Western Australian Department of Primary Industries and Regional Development

DPLH Western Australian Department of Planning, Lands, and Heritage

EMT Executive Management Team

ESG Environmental, Social, and Governance

ESRI Environmental Systems Research Institute, Inc.

FCAFC Federal Court of Australia - Full Court

FME Feature Manipulation Engine

FNHPA First Nations Heritage Protection Alliance

Acknowledgements

IDA Indigenous Desert Alliance

ILUA Indigenous Land Use Agreement

IPA Indigenous Protected Area

ISWAG Indigenous Salt Water Advisory Group

JMA Joint Management Agreement

LAA Land Administration Act 1997 (WA)

LSM Land and Sea Management

MAC Malgana Aboriginal Corporation RNTBC

MAOA Mid-West Aboriginal Organisations Alliance

MOU Memorandum of Understanding

NAC Ngarlawangga Aboriginal Corporation RNTBC

NACCHO National Aboriginal Community Controlled Health Organisation

NAIDOC National Aborigines and Islanders Day Observance Committee

NAIF Northern Australia Infrastructure Facility

NIAA National Indigenous Australians Agency

NNTC National Native Title Council

NNTT National Native Title Tribunal

NTA Native Title Act 1993 (Cth)

NTGAC Nganhurra Thanardi Garrbu Aboriginal Corporation RNTBC

NTRB Native Title Representative Body

ORIC Office of the Registrar of Indigenous Corporations

PACE Pilbara Aboriginal Corporations and Enterprises

PBC Prescribed Body Corporate

PBCs Prescribed Bodies Corporate

PRN Pilbara Ranger Network

QGIS Quantum Geographic Information System

RATSIB Representative Aboriginal/Torres Strait Islander Body

RCCS Research, Country and Culture Services

RNTBC Registered Native Title Body Corporate

RNTBCs Registered Native Title Bodies Corporate

RoM Return of Materials

UWA University of Western Australia

WA Western Australia

WELA Women’s Environmental Leadership Australia

YMAC Yamatji Marlpa Aboriginal Corporation

Thank you to all YMAC staff and others who supplied content and photos for this report

Perth Level 8

12 The Esplanade

Perth WA 6000 PO Box 3072

249 Hay Street

East Perth WA 6892

T 08 9268 7000

Geraldton 144 Flores Road

Webberton WA 6530 PO Box 2119

Geraldton WA 6531 T 08 9965 6222

Hedland 8 Manganese Street

Wedgefield WA 6721 PO Box 2252 South Hedland WA 6722 T 08 9160 3800

Broome Shop 2/24

Clementson St

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Broome WA 6725

Carnarvon

4 Francis Street

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Carnarvon WA 6701 T 08 9965 6222