Yamatji Nation Agreement - Aboriginal Heritage information

The YGSHA (YNILUA Schedule 16) provides State Government Departments and Agencies and the Yamatji Southern Regional Corporation (the Parties) a uniform and efficient approach to working in partnership when undertaking activities and Aboriginal heritage surveys In the YNILUA area.  The YGSHA assists the Parties in complying with the Aboriginal Heritage Act 1972 (AHA) and provides a clear, timetabled framework about their various Aboriginal heritage obligations.

The Parties agree that on and from the Conclusive Registration Date of 26 October 2020, if a State Government Department or Agency (Government Proponent) intends to undertake any Activity within the YNILUA area, they must enter into a YGSHA with the Yamatji Southern Regional Corporation.

Please refer to YNILUA Clause 22.4.

Activity is defined as any activity, including physical works or operations, involving entry onto the Agreement Area (whether on the surface of the land or waters or under or over that surface).

Please refer to YNILUA Clause 1.2.

The Parties acknowledge the importance of an early exchange of information between the Government Proponent and the Yamatji Southern Regional Corporation, to ensure that the Traditional Owners and the Yamatji Southern Regional Corporation know what Activities are proposed by a Government Proponent, to avoid misunderstandings and to enable informed decisions to be made and in order that the desired outcomes are achieved. In accordance with this objective:

the Government Proponent will provide an outline of the nature, location and timing of the Activity to be undertaken in the Agreement Area for the following six months, to the extent that such information is known to the Government Proponent, as applicable;

• if any changes are made to the Activity proposed within the six month period, those changes will be notified to the Yamatji Southern Regional Corporation within 5 Business Days of the change/s being made; and
• the Government Proponent must ensure that the information provided includes, without limitation, details of any Minor Impact Activity

Please refer to YGSHA Clause 7.1 for further information.

Except where YGSHA Clause 8.1 applies, if the Government Proponent intends to undertake an Activity in the Aboriginal Heritage Area, it must issue a notice in writing to the Yamatji Southern Regional Corporation in accordance with YGSHA Clause 8.2 (Activity Notice template attached below).

The main purposes of an Activity Notice is:

• to provide adequate information to assist the Yamatji Southern Regional Corporation to make an assessment as to whether a Survey is required and if so, whether a Site Identification Survey or a Site Avoidance Survey; and
• if a Survey is required, to provide information relevant to the conduct of that Survey.

Under YGSHA Clause 8.1 the Government Proponent may elect not to give an Activity Notice in respect of any proposed Activity where the Activity proposed to be conducted consists entirely of:

• Minor Impact Activity; or
• Low Ground Disturbance Activity of a class that the Corporation has notified in writing to the Government Proponent need not be the subject of an Activity Notice.

Please refer to YGSHA Clause 1.1 for definitions

In the event that the Government Proponent, acting reasonably, is unsure as to whether clause 8.1(a) operates to exempt it from giving an Activity Notice, then it should give the Activity Notice in any event.

Please contact the Yamatji Nation Heritage team for guidance. 

Yamtji Nation Indigenous Land Use Agreement 

From the YNILUA Conclusive registration Date, the Department of Mines, Industry Regulation and Safety (DMIRS) is bound to apply the heritage condition prescribed at YNILUA Clause 22.5, upon grant of mining or petroleum tenure in the YNILUA area.

The condition requires that tenure holders must either enter into a YPSHA or another Aboriginal Heritage Agreement (YNILUA Schedule 17) with the Yamatji Southern Regional Corporation, or if agreement cannot be reached, the tenure holder must offer to enter into a YPSHA by forwarding an executed copy to the Yamatji Southern Regional Corporation, before any rights can be exercised. The tenure holder must provide a Statutory Declaration (as per YNILUA Schedule 18) as evidence of compliance with that condition.

Please refer to YNILUA Clause 22.5.

Further information on the YPSHA including the YPSHA template, the Statutory Declaration template and the YPSHA Activity Notice template can be found on the DMIRS website.

As part of the YNILUA Government Partnership Committee (YNILUA Schedule 13) DPLH and Yamatji Southern Regional Corporation Working Group will be established to deliver the following:

• increasing the overall understanding of Yamatji Heritage Values and exploring strategies to develop management tools that include articulation of these values
• prioritising management planning of Aboriginal Sites of high importance and significance to the Yamatji Community, particularly those sites that may be vulnerable to damage
• provide advice to DPLH in relation to sites and objects that should be registered pursuant to s38 Aboriginal Heritage Act 1972 (AHA) or places that should constitute 'protected places' pursuant to s19 AHA
• prepare local and regional heritage management plans within the Settlement area
• Developing authoritative information systems that safeguard Yamatji heritage information
• building the capacity of the Yamatji community to engage in Yamatji Heritage Management
• Reassessing the integrity of information in the Register of Aboriginal places and objects, and, where required, improving the quality of the information
• make recommendations and provide advice to DPLH to inform decisions on the application of ss 16 and 18 of the AHA
• provide advice and work with DPLH on the development of Aboriginal heritage training and employment initiatives within the Settlement area
• report incidents believed to be breaches of the AHA to DPLH
• seek funding to support the facilitation of heritage training and management arrangements in the Settlement area
• provide advice to DPLH with respect to the management of any discovered ancestral remains; and
• consider how amendments to the AHA that occur after the Working Group is established impact upon any or all of the above.

Schedule 5 of the YGSHA sets out the costs usually involved in an Aboriginal heritage survey including:

• Aboriginal Heritage Service Providers
• archaeologists
• Aboriginal consultants
• conduct of fieldwork
• travel expenses.

See Schedule 5 of the Yamatji Government Standard Heritage Agreement for the rates which include reference to the Consumer Price Indexation (CPI). CPI is varied annually; see the Australian Bureau of Statistics for the CPI for the relevant year.

The rate for Aboriginal Heritage Consultants was originally specified to be $500 per day plus CPI. From 31 August 2024 the total sum including CPI increases is calculated at $613.74 per day.