Wangan and Jagalingou Traditional Owners: "We're on the frontline defending our lands against Adani" and we ask your help

From: Adrian Burragubba - via CommunityRun <info@getup.org.au>
Date: Thu, May 24, 2018 at 5:46 PM
Subject: We're on the frontline defending our lands against Adani
To: [redacted]

This is a message from the leaders of the Wangan and Jagalingou Traditional Owners. They are the Traditional Owners of the land where mining giant Adani want to build the Carmichael coal mine. Your details haven't been shared with anyone.

Dear [redacted],

We are leaders of the Wangan and Jagalingou Traditional Owners. We're the people on the frontline defending our ancestral lands in the fight against Adani's destructive coal mine.

Our people have said no four times to a miserly land deal offered by Adani in exchange for the destruction of our homelands. We have been opposing Adani and holding them off since 2012.

Our resistance has nothing to do with dollars. No amount of money or promises from a deceitful corporation can stop us standing strong in defence of Wangan and Jagalingou lands and waters and sacred sites.

But Adani are ruthless. They have used the dirtiest tactics to undermine our right to say no, and manufacture a phony "Indigenous Land Use Agreement".

Right now we're fighting against Adani's shoddy tactics and their sham "agreement" in court. The judge could hand down a decision any day now. But it won't end there.

Can you sign our petition to stand with us against Adani?

We are willing to fight Adani all the way to the High Court to protect our environment and sacred sites. We are working for a positive future for our people on our country. We won't stand by and watch its destruction for coal.

Adani are relentlessly pressuring the Queensland government to clear our Native Title rights out of the way — and as the clock ticks and Adani gets more desperate, it will only intensify.

So we need to show Adani and our Governments that they can't fake or force our consent.

We have never given our consent to Adani to destroy our country, and we never will. Our land is our living law; we are connected to it through our ancestors and our culture. Without it we will cease to exist as a people.

Our people have been leading a courageous fight against a cashed-up mining giant with politicians in its pockets, and top end of town lawyers to argue away its collusion, bad faith and dishonesty.

We're calling time on this. It's time for Adani to walk away.

Sign our petition to tell Adani No means No.

Adani can't keep bullying us, or pretending they have our consent. Consent is written in our hearts and minds, and the truth is we have said no. Time and again.

And we shouldn't have to keep saying it. Adani haven't been able to put money on the table for this project or even say when they'll start digging. They've given nothing to our people, or to the people of Queensland and Australia, except a bunch of false promises. The smart money and honest commentators know Adani's Carmichael mine is going nowhere.

But still our rights are at extreme risk. The Queensland Government could yield to this corrupt polluting corporation and "legally" rip up our Native Title, just so they can say they have their final "approval".

We continue to hold the line and have many tens of thousands of supporters in Australia and around the world, but we need more. We need to build a more powerful movement, standing in solidarity with us, to take on Adani's wealth, political influence and dirty tricks.

Sign our petition to support our fight against Adani.

We are in the fight of our lives. Adani have shown a relentless determination to use unjust legal maneouvres to trample our rights. But this fight is bigger than Adani. It's about the rights that all Aboriginal people have to say no to dirty extractive industries that profit from our traditional homelands. It's about our right under international law to be free from discrimination, and to choose our own economic future.

We have a vision for our people that's sustainable. We want economic independence, and to make a future on our country that is respectful of the land and uplifting for our people. We want to invest in solar energy and other new clean enterprises. We don't want scraps from a corrupt corporation looking to profit from the permanent destruction of our culture, or meagre handouts and low paid dirty jobs that require us to give up our human rights.

When we say No to Adani, we mean No. We hope you'll stand with us.

Support our fight: http://wanganjagalingou.com.au/our-fight/

Adrian Burragubba, cultural leader and senior spokesperson
with Murrawah Johnson, Youth spokesperson
and Linda Bobongie, W&J Council Chairperson

for the Wangan and Jagalingou Traditional Owners Council

---

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Noble Caledonia Limited changes its mind about Port of Yamba-Clarence River?

noble-caledonia.co.uk, 27 May 2017

Noble Caledonia Limited’s “Australian Coastal Odyssey” twenty-two day cruise from 9-31 October 2018 - flying from London to Cairns to Port Moresby, then sailing through the Torres Strait and down the east coast of Australia to berth in Melbourne before returning home on 31 October - is still being advertised online and it just got a lot cheaper.

In an apparent effort to fill cabins aboard the vessel MV Caledonian Sky, the UK-based cruise line is now offering across-the-board discounts of £1,000 per two-person cabin.

There has also been a change in the ship’s itinerary for Day 16 - 24 October this year.

All mention of entry into Port of Yamba-Clarence River was removed from the cruise line's website sometime between 21 and 27 May and, Trial Bay, South West Rocks inserted instead for both its October 2018 “Australian Coastal Odyssey” and October 2019 “Australian Coastal Discovery” east coast cruises.

Caledonian Sky has already booked port berths/moorings in Queensland and Victoria as well as for two of the six official ports along the NSW leg of the 2018 cruise – Port of Newcastle (7am 25 October) and Port of Eden (7am 27 October). There is no published booking for Port of Yamba which requires piloted entry for sea-going ships.

Which has set Lower Clarence residents to wondering about the reasons for this welcome change of plan.

Some think it may be a public relations feint by Noble Caledonia to dampen expression of local concerns and it may yet decide to slip into the Clarence River estuary on or about 24 October this year.

Others point to the level of risk always associated with bringing ships like the 5-deck high, 91 metre long, est. 4,200 gross tonne Caledonian Sky across the entrance bar while avoiding collision with the culturally important Native Title reef “Dirrangun” and, the possibility that the cruise line’s insurance company might not be impressed if that risk were to be realised and it was faced with a second reef maritime incident in less than nineteen months involving the same ship.

Given the protracted negotiations between Noble Caledonia, its insurer and the Indonesian Government over a reported £350 million ‘fine’ incurred when the Caledonian Sky damaged over 18,000 sq. metres of pristine coral reef in the Raja Ampat island chain in March 2017, it is understandable that Noble Caledonia Limited may have reassessed the original “Australian Coastal Odyssey” itinerary and decided it preferred a less problematic short-stay mooring for Day 16.

Water raiders are eyeing the Clarence River - again

In 2007 Clarence Valley communities saw off an Australian prime minister (John Howard) and his water minister (Malcolm Turnbull)  - telling them "Not A Drop".

The issue of inter-basin water transfer became an election issue that year and the National Party lost the seat of Page and the Liberal-Nationals Coalition Government lost the federal election.

Having learnt nothing from the commitment of local people in the Clarence Valley, including traditional owners, once again the water raiders have raised their heads above the parapet.

The Daily Examiner, letter to the Editor, 19 May 2018, p.14:

Clarence diversion

On April 18, 2018, Toowoomba Regional Council in south-east Queensland resolved to submit a motion to the National General Assembly of Local Government in June this year.

This motion calls for the Assembly to amend Resolution 77 (Griffith City Council) which was carried the previous year.

Resolution 77 called on the “Federal Government to carry out a further feasibility study on David Coffey’s “Scheme to Divert Tributaries of the Clarence River to the Murray Darling Basin” to gather up-to-date information for investigation into this scheme”.

The Toowoomba amendment seeks to incorporate a pipeline from the Clarence River to Toowoomba and the Darling Downs region into that request for federal government investigation.

Hot on the heels of this latest push to dam and divert water from the Clarence River system comes the NSW Legislative Council Portfolio Committee No. 5 “Augmentation of water supply for rural and regional New South Wales” report, released on May 14.

Although informed by Clarence Valley Council that it has resolved six times not to support diversion of the Clarence River, this Upper House report clearly favours damming and diverting water from the Clarence River system.

The wording may have been slightly watered down via a motion by Mick Veitch MLC but it is still of considerable concern: ”Resolution 40 - 6.89 The committee heard evidence from some inquiry participants that there may be potential benefits of diverting the Clarence River to the west.

“These inquiry participants were of the view that there is merit to any strategy that seeks to mitigate floods and flood damage in the Clarence Valley and provide additional water for agriculture in the Barwon region. The committee acknowledges that stakeholders were divided on the issue of water diversion. However, some inquiry participants held strong views against diverting waters from the Clarence River to the west.”

However, the draft version of 6.89 which indicates the extent of support the dam and divert proposal enjoys within this Upper House committee was quite frankly alarming: “The committee notes that there may be potential benefits of diverting the Clarence River to the west.

“There is merit to any strategy that seeks to mitigate floods and flood damage in the Clarence Valley and provide additional water for agriculture in the Barwon region.

“The committee acknowledges that stakeholders were divided on the issue of water diversion. However, the committee believes that further investigation into water diversion schemes is warranted to consider their feasibility as a strategy to mitigate floods.

“The committee therefore recommends that the NSW Government investigate the feasibility of water diversion schemes as a flood mitigation tool.”

If these sentiments are echoed by the Berejiklian Coalition Government down in Sydney then Clarence Valley Council, the people of the Clarence Valley and communities whose local economies depend on a healthy Clarence River will have a fight on their hands.

Because the calls from communities and vested interests who have managed to reduce their region’s rivers to a series of mud puddles will grow louder and more insistent over time.

This time around the call is spearheaded by Griffith, Toowoomba and the shadowy lobby group, Australian Water Exploration Company Ltd, which is apparently looking to benefit from any infrastructure spend on a Clarence Valley dam and pipeline.

At the June National Assembly of Local Government they will be speaking to a sympathetic audience. Hopefully Clarence Valley Council is sending a representative to this gathering that will strongly counter their arguments.

Judith M. Melville, Yamba

The Australian Face of UK-based Noble Caledonia Cruise Line

The Noble Caledonia Limited cruise line would like the option of extending the number of its cruise days this coming October when it boards its UK passengers on the MV Caledonian Sky for its Australian Coastal Odyssey down the east coast of Australia.

This “small” cruise ship of 4,200 gross tonnage, dead weight of 645t, 90.6m in length, 15.3m wide, with a 4.25 maximum draft, will enter the Port of Yamba-Clarence River across a difficult bar at the river mouth in a month where coastal storms and strong wind warnings are not uncommon.

A ship with a reputation for damaging reefs will attempt this crossing in close proximity to a culturally important reef protected by Native Title.

It will ignore potential risk - not just to the ship and marine environment but to race relations in the Clarence Valley should the ship’s captain collide for a third time with a mapped underwater natural feature.

Noble Caledonia will be sending its cruise ship into the Clarence River estuary because it can – reaping the benefit of insistent and persistent lobbying of the NSW Berejiklian Government by the international cruise industry.

Which included meetings last year between Minister for Roads, Maritime and Freight & Nationals MP for Oxley Melinda Pavey and Royal Caribbean (28 February & 8 June), Carnival Australia (10 March, 8 June & 8 July), Carnival Global (21 March), Norwegian Cruise Lines (8 June), Cruise Line International Association (8 June & 21 June). As well as meetings between cruise ship industry representatives and Deputy Premier, Minister for Regional NSW, Minister for Skills, Minister for Small Business, Nationals MP for John Barilaro, Minister for Tourism and Major Events, and Assistant Minister for Skills, Nationals MP for Northern Tablelands, Adam Marshall. Minister for Trade, Tourism and Major Events and Minister for Sport, Nationals MLC Niall Blair and, Minister for Transport and Infrastructure, Nationals MP for Bega Andrew Constance.

However, the then predominately British and Swedish owner-shareholders of Noble Caledonia Limited (UK) went one step further when they first contemplated a move into Australian waters. 

They formed a partnership with the APT Group (owned by wealthy Victorian businessman Geoff McGeary) in 2012 - thereby providing themselves with a number of Australian beards and the lobbying services of a political donor to the Liberal Party of Australia who had through this partnership become a significant shareholder in the cruise line.

Meet these alleged beards………………..

Christopher Phillips "Chris" HALL  – Group Managing Director of Noble Caledonia Limited and Noble Caledonia Holdings Limited since 7 May 2015, as well as Group Manager APT Group since July 2014 – allegedly still resident in Australia.

Ross Malcolm KEMP – Group Finance Director of  Noble Caledonia Limited and Noble Caledonia Holdings Limited since 9 October 2014, as well as Group Finance Director APT Group since 2012 – allegedly still resident in Australia.

It should come as no surprise that the Adani Group is offering traditional owners compensation which is well below industry standard

" We, the Wangan and Jagalingou people, are the Traditional Owners of the land in Queensland’s Galilee Basin. Corporate conglomerate, Adani, wants to use our ancestral lands for their Carmichael coal mine.

We do hereby firmly REJECT a Land Use Agreement with Adani for the Carmichael mine on our traditional lands.

We DO NOT consent to the Carmichael mine on our ancestral lands.

We DO NOT accept Adani’s “offers” to sign away our land and our rights and interests in it. We will not take their “shut up” money.

We will PROTECT and DEFEND our Country and our connection to it." [http://wanganjagalingou.com.au/our-fight/]

ABC News, 1 December 2017:

A hotly contested deal between Adani and traditional owners of its proposed Carmichael mine site in Queensland's Galilee Basin would deliver compensation "well below" what most big miners pay, according to a new analysis.

The Wangan and Jagalingou (W&J) people would only get 0.2 per cent of Adani's earnings from the mine, less than half the industry average, respected mining industry outfit Economics Consulting Services has found.

Its report, obtained by the ABC, was commissioned by six W&J representatives whose looming court challenge to the deal stands as the final legal hurdle to Adani's contentious mega-mine.

It found the W&J people would earn up to $145 million over 30 years, out of the project's estimated $77.4 billion in gross revenue, a share which was "well below industry benchmark standards".

The benchmarks for such deals usually ranged from 0.75 per cent to 0.35 per cent.

Only 11 per cent of the deal would come to the W&J people in cash, up to $17.4 million over 30 years, or about $2,300 a year per adult member of the clan.

Report author Murray Meaton, who was awarded an Order of Australia in 2014 for services to the mining industry, found the benefits to the W&J people would be "dramatically lower" if job promises for locals fell short as they did "in most jurisdictions and agreements".

To gain finance for the $21 billion project, Adani needs an Indigenous Land Use Agreement (ILUA) with the W&J people, or it must call on the Queensland Government to forcibly extinguish any native title claim over the mine site in the Galilee Basin…….

The Adani supporters in the W&J have argued the mine is inevitable and they need to seize the miner's offer to economically benefit their people, including some who live in Queensland's more disadvantaged communities.

However, the anti-Adani group object to the destruction of their ancestral lands and culture, and contest the legitimacy of the meeting that approved the Adani deal.

The dispute will go to trial in the federal court in Brisbane in March.

The case has pushed back Adani's deadline on clinching finance for the project, which remains in doubt.

Wangan and Jagalingou have been defending their country in court since at least 2008.

#WanganAndJagalingou #WandJclaimants again vote down #AdaniDeal, #seekInjunction
~ Claim group #RejectILUA for the fourth & final time
~ #Injunction filed #againstAdani & #QldGov #AboriginalLandRights #AboriginalSovereignty
WGAR https://t.co/4lBiG5bV1dhttps://t.co/MPrkIUXqKn pic.twitter.com/5h7zIQrcOz

— WGAR News #AboriginalRights AltMediaMonitor (@WgarNews) December 3, 2017

The Guardian, 3 December 2017:

Traditional owners opposed to the Adani Carmichael coalmine have filed an application for an injunction with the federal court to prevent the native title tribunal from signing off on an Indigenous land use agreement before the outcome of a court challenge.

The application was filed following a meeting of the W&J traditional owners council in Brisbane on Saturday, where the 120 attendees voted against the Ilua for the fourth time since it was proposed in 2012.

Echo NetDaily, 6 December 2017:

North Coast Greens MLC Dawn Walker and NSW Greens mining spokesperson Jeremy Buckingham were arrested yesterday by Queensland police after taking part in a blockade of the Adani Carmichael coal mine rail construction site at Belyando, 270km west of Bowen.

The MPs were arrested at 6:35am along with a dozen other climate activists and charged with trespass unlawfully on a place of business.

Ms Walker said, ‘It was a very important day for me, stopping work on the Adani mine and being arrested with climate activists who understand the importance of preventing this destructive project from going ahead,’ said Greens MP Dawn Walker.

‘I was proud to stand with traditional owners who have said ‘no means no’ to Adani, and made it clear they will not be surrendering their land and water to this coal corporation.

‘Although this mine is miles from anywhere, the eyes of all Australia are on it. We have travelled days to get here but believe many more will follow.

FACT CHECK: Port of Yamba-Clarence River cruise ship and international cruise ship terminal proposal

In online debates concerning the NSW Government's proposal to make the Port of Yamba an official cruise ship destination and possibly build an international cruise ship terminal I have noticed a few misconceptions creeping in - so this post is a brief fact check.

The misconceptions are coloured red.

* The “MV Caledonian Sky” cruise ship is smaller than the “Island Trader” cargo ship and not much bigger than the Manly Ferry.

“Caledonian Sky” at 4,200 gross tonnage, dead weight of 645t, 90.6m length, 15.3m width, 4.25 maximum draft is over twice the size of the “Island Trader” which is 485 gross tonnage, dead weight of 242t, 38.8m long, 9m wide and maximum draft of 2.8m.

The four Manly ferries are 70 metres in length, 12.5 metres wide, with draughts of 3.3 metres and displace 1,140 tonnes and, only operate in a deep water harbour.

* Cruise ships already come into the Clarence River.

There hasn’t been an ocean-going cruise ship carrying passengers enter the Clarence River in a good many years. There is some anecdotal information that one small cruise ship of indeterminate size entered the Clarence River sometime in the 1990s, but that appears to have been both the first and the last time that a local resident can recall its passage which ended with this vessel scraping its bottom on "Dirrangun" reef as it left. 

The last regular passenger service from Sydney to Port of Yamba ended in the mid to late 1950s when the small steamers operating on the NSW North Coast run were withdrawn.

Despite local media reports to the contrary, the “Caledonian Sky” has not entered the Port of Yamba in the past – this cruise ship’s scheduled visit in October 2018 will be her maiden voyage into the Clarence.

* There is not going to be any dredging of the Clarence River entrance or estuary if Port of Yamba becomes a cruise ship destination and an international cruise ship terminal is built.

A representative of the NSW Dept. of Transport raised eyebrows in apparent astonishment when I mentioned that particular belief. Although diplomatically silent the implication was clear - dredging would have to occur.

* Medium to small cruise ships will not have a problem entering the Clarence River because they will have a pilot on board.

In 2015-16 there were 18 ship visits to Port of Yamba, none were cruise ships and the majority of vessels piloted into the Clarence River came in for ship repair at Harwood Island.

However, even with a pilot on board a cruise ship may ground in a relatively narrow navigation channel. The “Regal Princess” grounded in Cairns Harbour in March 2001 as it sailed a 90m wide & est. 8.3 m deep navigation channel with a pilot aboard. The subsequent official investigation found that the dimensions of the Cairns port channel were too restrictive for the 32.25 m wide “Regal Princess”.

Because the Clarence River estuary is strongly tidal the position and width of its main navigation channel can vary and the Yamba-Iluka bar at the river entrance is problematic. 

The bar crossing appears to have been last dredged in 2004.

An Australian Navy tug 29m long, 8m wide with a draft of est. 3.4m grounded on the bar at the river mouth in October 1946 and from time to time cargo ships entering or leaving the Clarence have temporarily grounded when sand builds up outside the river entrance.

* Having cruise ships and a cruise terminal will raise personal incomes in the Lower Clarence Valley.

This argument is often put forward by governments pushing coastal development proposals.

St. John's (population over 108,000) - a regional port in Canada popular with small cruise ships - is currently conducting its own investigation into economic returns from cruise ship visits, because it was told this year that the average amount of money spent onshore by a cruise passenger can be as low as $28.20 and for a crew member as low as $20.79. Note: The Canadian dollar is roughly on par with the Australian dollar.

International cruise lines are usually the source of any financial information on passenger spending and industry observers tend to think that industry figures may be inflated. So it is not surprising to find one independent report published in 2015 states that passenger and crew spending in Cairns was 22 per cent lower than the figure supplied by Cruise Lines International Association (CLIA) a group representing the interests of cruise lines.

By the industry's own optimistic calculations, if all “Caledonian Sky” passengers come ashore then they should at a minimum spend in total between $4,750 and $5,937 during the five or so hours the ship is moored on the river in October next year.

Except that the cruise ship’s itinerary shows these approximately 114 passengers will have both breakfast and lunch on board ship before sailing away and, in the approx. three hours in between meals, will take a walk up to the Yamba Lighthouse at no charge, visit the Yamba Museum which has a gold coin entrance fee or cross to Iluka to wander the Nature Reserve up to Woody Head and back which is fee free - although it may be possible that the ship rents a mini-bus to transport passengers to Iluka wharf for return to the ship.

However, even then this hardly lives up to the cruise ship industry’s boast that each passenger spends on average $200-$250 a day in Australian regional ports.

* If ships the size of the "Rainbow Warrior" can navigate to the Harwood slipway then quite a few of the small similar size cruise vessels can safely do the same.

The second “Rainbow Warrior” was a yacht with 555 gross tonnage, 55m long, 9m wide with a draft of 3m. The third and current “Rainbow Warrior” has 855 gross tonnage, deadweight 180t, is 57.9m long, 11.3m wide and has a maximum draft of 5m.

To date I cannot find any cruise ships of similar size operating on the Australian east coast ocean route.

All east coast ships in P&O’s fleet are large ships, as are Holland America’s fleet. Princess Cruises’ ships are all large and, the  Royal Caribbean’s fleet is also composed of large ships. Ditto Carnival’s fleet and Celebrity Cruises’ ships. Norwegian Cruise Line, MCS Cruises and Cunard Line fleets contain only large vessels. While Oceania Cruises’ fleet is composed of somewhat smaller ships, but with drafts nudging 6m to 7m it probably wouldn't consider entering the Clarence . By comparison Noble Caledonia’s single cruise ship on the east coast is the ship with the shallowest draft found to date, but it may have difficulty coming over the bar in October 2018 and/or with swinging around to depart the estuary.

* Cruise lines are philanthropic - they will help people and the environment by giving money to a local cause.

Some but not all cruise lines do occasionally give money to institutions and causes within ports they regularly visit. It is often looked upon by port communities as 'guilty giving'. 

For example, in 2014 one of Carnival Cruise Line's ships severely damaged a section of pristine reef in the Cayman Islands. The next year the Carnival Foundation announced it was giving a $75,000 donation to the Cayman Islands-based Central Caribbean Marine Institute toward restoration of an ecologically distinct and globally endangered coral species. 

The Cayman Islands government had to step in before the cruise line would hand over $100,000 to the Cayman Islands National Trust towards the Magic Reef Restoration Project to cover the 11,000 sq feet of endangered coral that the "Carnival Magic" crushed.

If the international cruise ship industry genuinely had a social conscience then there wouldn't be reports like "Sweat Ships" (2002) which looks at the abuse of workers' rights aboard cruise ships.

* Modern cruising is really a form of eco-tourism

There is nothing inherently ecological about the design and functioning of a modern cruise ship. 

Modern cruise ships:
* predominately still use bunker fuel when underway and diesel/gas power when berthed if there is no dedicated shore electricity supply available to them; 
* give off emissions when these fossil fuels are burned and these emissions can and do sometimes exceed permissible levels of air pollution;
* emit underwater noise which disturbs whales and dolphins;
* are usually noisy when moored or berthed due to the need to generate power and/or provide entertainment for passengers;
* sewerage and waste water storage systems can sometimes malfunction or fail; 
* have been known to illegally dump sewerage whilst in port;
* will sometimes dump chlorinated swimming pool water overboard;
* sometimes illegally discharge oily waste into the ocean;
* will sometimes have issues with unlawful garbage disposal on some voyages; and
* anti-fouling paint on their hulls leaches into the waters at wharfs and affects the surrounding marine ecosystem.

* The state government will never be able to dredge the bar or the river because of Native Title.

Yes, Native Title covers the Clarence River from just below Ulmarra to the river mouth and out past the two breakwaters where it creates a 350m buffer around "Dirrangan" reef, as well as a narrower ocean water boundary out from the shoreline starting at Woody Head and going on down past Wooli.

Any cruise ship approaching the entrance to the Clarence River would be sailing in waters covered by Native Title.

However, Native Title rights are non-exclusive and so contain a number of qualifications. Therefore people of goodwill across the Clarence Valley and the wider Northern Rivers region will need to speak up in support of the Yaegl People's stated position if the Berejiklian Government decides to proceed with its international cruise ship terminal proposal.

Excerpt from Native Title Determination Yaegl People #2 Part B:

General qualifications on native title rights and interests

8. Native title does not exist in:

(a) Minerals as defined in the Mining Act 1992 (NSW) and the Mining Regulation 2010 (NSW); and

(b) Petroleum as defined in the Petroleum (Onshore) Act 1991 (NSW) and the Petroleum (Submerged Lands) Act 1982 (NSW).

9. The native title rights and interests described in paragraphs 6 and 7 do not confer:

(a) possession, occupation, use and enjoyment to the exclusion of all others;

(b) any right to control access to, or use of, the Determination Area.

10. The native title rights and interests in the Determination Area are subject to and exercisable in accordance with:

(a) the laws of the State of New South Wales and of the Commonwealth;

(b) the traditional laws acknowledged and traditional customs observed by the Yaegl People; and

(c) the terms of any Indigenous Land Use Agreement, which may be registered by the National Native Title Tribunal in respect of any part of the Determination Area made after the making of this Determination…….

Other interest which existed at the time Native Title over “Dirrangun” was determined are protected.

10. Other interests generally

(a) Rights and interests, including licences and permits, granted by the Crown in right of the State of New South Wales, the Clarence Valley Council or of the Commonwealth pursuant to statute or under regulations made pursuant to such legislation.

(b) Rights and interests held by reason of the force and operation of the laws of the State of New South Wales or of the Commonwealth.

(c) Rights and interests of members of the public arising under common law or statute including, but not limited to the following:

(i) any public right to fish;

(ii) the public right to navigate; and

(iii) the international right of innocent passage through the territorial sea.

(d) So far as is confirmed pursuant to section 18 of the Native Title (New South Wales) Act as at the date of the Determination, any existing public access to and enjoyment of:

 (i) waterways;

(ii) the bed and banks or foreshores of waterways;

(iii) coastal waters;

(iv) beaches;

(v) stock routes; and

(vi) areas that were public places at the end of 31 December 1993.

(e) The rights of:

(i) an employee, agent or instrumentality of the State of New South Wales;

(ii) an employee, agent or instrumentality of the Commonwealth;

(iii) an employee, agent or instrumentality of any Local Government Authority, to access the Determination Area and carry out actions as required in the performance of his/ her or its statutory or common law duty.

Sea claim judgment: Yaegl People #2 v Attorney General of New South Wales [2017] FCA 993 (31 August 2017)

Yaegl Traditional Owners Aboriginal Corporation expressing their opposition to a proposed cruise ship terminal at Yamba

The following media release was sent to NSW Minister for Maritime, Roads and Freight Melinda Pavey by way of her Twitter account at 7:15pm on 30 November 2017.

See https://twitter.com/NTSCORP_NSW/status/936145703474098176

Ntscorp Ltd 

Please see the following Press release from the Yaegl Traditional Owners Aboriginal Corporation expressing their opposition to a proposed cruise ship terminal at Yamba.

Press release

The Yaegl Traditional Owners Aboriginal Corporation RNTBC wish to respond to recent media reports about a proposed cruise ship terminal at Yamba, which is part of the draft Future Transport 2056 Strategy. Yaegl People are concerned about the lack of consultation that has occurred with the Corporation and the potential damage that the proposal will cause to significant sites.

The Yaegl Traditional Owners Aboriginal Corporation RNTBC does not support the construction of a cruise ship terminal at Yamba. The Yaegl People’s native title rights to the land and waters within the lower Clarence River, as well as over much of the land within their traditional country, was recognised by the Federal Court of Australia on 25 June 2015. The Yaegl People’s native title rights over their sea country was recognised by the Federal Court in 31 August 2017.

Any activities which may impact on the exercise of native title rights must be properly notified in accordance with the Native Title Act 1993 (Cth), and native title holders must be afforded certain procedural rights, including rights to comment, rights to be consulted and rights to negotiate.

The Yaegl Traditional Owners Aboriginal Corporation RNTBC is concerned that to date, no-one has approached the Corporation to discuss the proposal.

The Chairperson of the Corporation, Billy Walker, said ‘It appears as though decisions such as the construction of a cruise ship terminal, are being considered without any attempt to engage with or consult The Yaegl Traditional Owners Aboriginal Corporation RNTBC. The Corporation is responsible for ensuring that the Dirrungan, one of Yaegl People’s most significant sites, at the mouth of the Clarence River, is protected. There are also other sites of significance to the Yaegl People within the Clarence River, which would be damaged by the proposal.’

The recent Yaegl People’s native title determination over sea country included increased protections for the Dirrungan, including a 350 metre buffer zone to protect the Dirrungan from developments such as the cruise ship proposal.

The Corporation’s Office Manager and Yaegl man, Michael Randall, said ‘We haven’t been consulted yet. We have native title rights over the land and waters at the mouth of the Clarence River, including extending out to sea. It’s a requirement that we be consulted. We are opposed to any actions which might damage the Dirrungan. The State Government has agreed through our sea determination to protect the Dirrungan from destruction.’

Media contact: Michael Bennett (DM via NTSCORP Facebook)

Clarence Valley Council decides to open its door wide to the cruise ship industry

On 21 November 2017 at Clarence Valley Council’s ordinary monthly meeting Mayor Jim Simmons, Deputy Mayor Jason Kingsley and Crs. Richie Williamson, Arthur Lysaught, and Andrew Baker voted in effect to open council’s doors to the cruise ship industry by indicating in principal support for the Port of Yamba to be a designated cruise ship destination, with the possibility of establishing an international cruise ship terminal within the Clarence River estuary.

The debate in the chamber indicated that councillors received a number of emails on this subject from valley residents and that the majority of these expressed concerns about this Berejiklian Government proposal.

However, community concern was virtually ignored by both council administration and this group of five councillors hell-bent on doing Sydney's bidding after Nationals MP for Clarence Chris Gulaptis had reportedly lobbied on behalf of the proposal.

As usual Cr. Baker excelled himself when it came to the number of inaccurate statements he could pack into his participation in debate.

Concerned Iluka and Yamba residents now await this…….

Facebook, ABC North Coast, 21 November 2017:

Billy Walker The Yaegl Traditional Owners Aboriginal Corporation held a meeting last week where this issue was raised. Keep an eye out for our response in the local papers in the next week or so.