Download Yindjibarndi Newsletter 15 March 2011

www.yindjibarndi.org.au
FMG TENEMENTS SPREAD TO COVER HALF OF
YINDJIBARNDI NGURRA
Please look carefully at this map. This shows all the exploration and mining tenements that FMG has secured over both the Yindjibarndi
#1 Claim and the original Yindjibarndi Native Title Determination Area.
IF the Wirlumurra-FMG Agreement is signed,
Wirlumurra will give away control of HALF
OF ALL YINDJIBARNDI NGURRA to ONE
COMPANY – FMG. This is a company that does
Agreements ten times worse than Rio Tinto and
other more responsible miners.
So Yindjibarndi will be locking themselves into
one of the worst Agreements on offer for the
first major mining project in their country.
This will close the door for Yindjibarndi in being
able to do better Agreements on the country
under this FMG Agreement FOREVER MORE
– because the Agreement will be binding to any
other company that might take over FMG or
that FMG sells these tenements to. A TRAGIC
OUTCOME for Yindjibarndi.
NEWSLETTER # 2 from the YINDJIBARNDI
ABORIGINAL CORPORATION
March 2011
“All these family feuds and break ups and that,
it’s only created by mining companies and government departments and all that.
The true nature of an Aboriginal person is real culture — 1 — and family.”
These FMG tenements [IN RED] cover about half
of the whole of Yindjibarndi territory.
There are about 30 tenements on the
Yindjibarndi #1 Claim and 25 or so in the
original Determination Area! But this does not
mean there will not be more.
Worst of all, FMG will be the new boss for Yindjibarndi
country and heritage. We will have no effective say over
any culture things under their tenements. We will have
given them the all-clear to destroy what they want in
our country for their ‘beads and mirrors’ compensation
package!
After FMG Boss Andrew Forrest, it is his ground troops
– Allery Sandy, her right-hand-man, Ronald Bower, and
FMG troublemakers Blair McGlew and Michael Gallagher
– who have the most blood on their hands for
this disastrous situation.
Trevor Solomon (Rest in Peace), interviewed Roebourne, August, 2007

CONTENTS
● FMG TENEMENTS SPREAD TO COVER HALF OF YINDJIBARN-
DI NGURRA
● WIRLUMURRA-FMG MOVE TO GET RID OF NED CHEEDY AS
YINDJIBARNDI #1 CLAIMANT
● ALLERY SANDY DISMISSES NED CHEEDY AS “ONLY ONE
PERSON”
● WIRLUMURRA BOSS DRAGS CLAIMANTS, SYLVIA & MAVIS,
OUT OF YAC MEETING
● THE THEFT OF THE FMG AGREEMENT
● HOW SICK FMG’S AGREEMENT IS – EVEN COMPARED TO RIO
TINTO’S
● PUTTING OUR ROYALTY TO WORK – YINDJIBARNDI COM-
MUNITY DEVELOPMENT & INVESTMENT BANK
● WHAT IS THE DIFFERENCE BETWEEN NON-EXCLUSIVE POS-
SESSION AND EXCLUSIVE POSSESSION NATIVE TITLE?
● TWIGGY FORREST A CONVICTED LIAR
● FORREST RAKES IN PERSONAL MILLIONS, AND THROWS
WIRLUMURRA A BONE
● SBS JOURNALIST REVEALS FMG PAYING WIRLUMURRA LAW-
YER & ALL WIRLUMURRA LEGAL BILLS
● STRONG MESSAGES OF SUPPORT FOR YINDJIBARNDI
● GUMALA CEO ANSWERS FMG’S BLAIR MCGLEW’S ACCUSA-
TION THAT THE YINDJIBARNDI NEWSLETTER WAS “PROPA-
GANDA”
● CHAIR OF EASTERN GURRAMA SLAMS WIRLUMURRA LAW-
YER, RONALD BOWER, FOR DISRESPECT TO NED CHEEDY
● BOWER’S CLAIM ABOUT EASTERN GURRAMA RELATIONSHIP
WITH FMG “A LOAD OF CROCK”
● A PRECIOUS SPARK FOR A UNION OF PILBARA NGAARDA
● WIRLUMURRA-FMG AGENDA FALLS FLAT IN DECEMBER
MEETING
● WIRLUMURRA TURN THEIR BACKS ON MEDIATION PROCESS
WITH YAC
● WIRLUMURRA ‘SHOOT THE MEDIATOR’
● AN OPPORTUNITY FOR HEALING LOST
● CANCELLATION OF WIRLUMURRA MEMBERSHIPS BEGIN
● WIRLUMURRA WORKING WITH FMG TO DESTROY YIND-
JIBARNDI SITES
● THE BEST SURVEYS FMG’S MONEY CAN BUY!
● WHAT FMG-WIRLUMURRA CAN’T SEE, OR NEVER LEARNED
● BIG TEST OF WIRLUMURRA CULTURAL KNOWLEDGE TO
COME IN TRIBUNAL AND COURT
● WIRLUMURRA CLEARING COUNTRY THAT DOESN’T BE-
LONG TO YINDJIBARNDI!
● COWARDLY & CARELESS ATTACK ON YAC BY WIRLUMURRA
LAWYER, RON BOWER
● NOW COMES THE TWIST – BOWER ADMITS HE MIGHT BE
WRONG
● BOWER ADMITS WIRLUMURRA WANT TO ACCEPT A “VERY
POOR” LEVEL OF FINANCIAL BENEFITS
Acting for Wirlumurra, AILEEN SANDY, MAVIS
PAT and SYLVIA ALLAN have called a meeting
of Yindjibarndi #1 Claim group members for 16
March – 10.00am – 50 Cent Hall Roebourne.
FMG-Wirlumurra called this meeting without
consulting with the other four Claimants – NED
CHEEDY, THOMAS JACOB, ALUM CHEEDY, &
MICHAEL WOODLEY.
Aileen, Mavis and Sylvia’s names are being used by WIRLUMUR-
RA, but they do not run the show. As we all know, this group is run
by Lawyer Ron Bower and Allery Sandy. FMG has paid money
to and has consistently promoted the FMG-Wirlumurra through
its land access managers – Michael Gallagher, Blair McGlew &
Alexa Morecombe – only because this group is helping FMG to get
CHEAP access to half the total of Yindjibarndi territory.
In a shocking CONFLICT OF INTEREST, Wirlumurra lawyer
Ron Bower is being paid all his fees by FMG.
The agenda for this meeting is much the same as the last one that
failed (on 21 December 2010) – to trick Yindjibarndi to immediately
remove all objections to FMG mining and exploration plans and
to throw open our whole territory for FMG exploitation – not just
including the tenements they have now, but all the ones they might
want in the future. This agenda wants to get Yindjibarndi to immediately
finalise a land access agreement with FMG – FMG-Wirlumurra
want to sell our rights and our children’s rights rather than fighting
for a fair and honest long-term Agreement.
But there is a nasty new twist in the agenda for Wednesday 16
March:— In item ‘8’ of this FMG-Wirlumurra agenda, Yindjibarndi
are asked to authorise Aileen Sandy, Mavis Pat and Sylvia Allan “to
apply to the Federal Court of Australia under section 66B of the Native
Title Act 1993 [Cth) for the removal of any Yindjibarndi # l claim applicant
who refuses to sign documents or do other things necessary to
be signed or done by the Yindjbarndi # l claim applicants to give effect to
any motion passed in this meeting.
The aim of this is to get rid of Claimant NED CHEEDY, and
also THOMAS JACOB, ALUM CHEEDY, & MICHAEL WOODLEY
because they DO NOT want to sign a bad deal on behalf of the
Yindjibarndi membership who they are responsible to.
● ALLERY SANDY MAKES HERSELF A LIAR WHEN SHE SAYS
EVIDENCE TO FEDERAL COURT IS LIES
● GAMBULANHA IS LIKE A BRAIN
● HOW FMG USES NATIVE TITLE TO GET AROUND PROVI-
SIONS OF THE MINING ACT & HAS GAINED A STRANGLE
HOLD OVER YINDJIBARNDI COUNTRY
OTHER NEWS
● SBS-TV RECORDS ROEBOURNE STORIES FOR “LIVING
BLACK”
● THE YINDJIBARNDI CASE AGAINST FMG GROWING
STRONGER
● NED CHEEDY – THE NEXT EDDIE MABO?
● FULL STEAM MOVING AHEAD WITH YINDJIBARNDI #1
CLAIM
● FMG ABORTS FEDERAL COURT MEDIATION
● YAC SIGNS HERITAGE AGREEMENT WITH RIO TINTO & IS
ON THE WAY TO A CLAIM-WIDE LAND ACCESS AGREEMENT
● RANGER PROGRAM FOR NGURRAWAANA
● JULUWARLU WORKING WITH CHEEDITHA
● INSIGHT INTO THE HYPOCRISY OF TWIGGY’S GENERA-
TIONONE
● YINJAA BARNI ART GROUP DISRESPECT OF NED CHEEDY
● YINDJIBARNDI BEWARE
— 2 —

WIRLUMURRA-FMG MOVE TO GET RID OF NED CHEEDY AS
YINDJIBARNDI #1 CLAIMANT
This photo was taken in 2005 when everyone was willing to work together and support Ned Cheedy – before FMG drove a wedge
ALLERY SANDY HAS DISMISSED NED CHEEDY AS
“ONLY ONE PERSON”
FMG-WIRLUMURRA ARE DOING WRONG
BECAUSE:
● Ned Cheedy is our most wise & respected elder & it is grossly
disrespectful to him.
● FMG’s royalty offer is 10 times worse than Rio Tinto’s, and it will
get worse.
● In the future, as FMG sells more iron ore and the price goes up,
FMG’s profits will go up and up, but the Yindjibarndi share will
down and down – because the royalty they offer will stay the same
forever. This is ROBBERY!
● If Yindjibarndi sign this deal they will be signing over to FMG a
massive HALF OF YINDJIBARNDI territory, and we will be stuck
with this deal for life.
● If FMG-Wirlumurra take over the Yindjibarndi #1 claim, there will
be no one to fight for EXCLUSIVE Yindjibarndi native title determination
and rights in the Yindjibarndi #1 Claim.
Yindjibarndi are just fighting for equity that is decent enough to make
a real investment in our community and its development – especially
in education and business, and a real say in protecting the heartlands
of our soul.
FMG have all the money in the world and their lawyers and land
access managers to throw at us, and now they have the Wirlumurra
traitors to help them break the body of Yindjibarndi.
But true Yindjibarndi have love for their culture, their community and
the country that gives them identity and the spirit to withstand this
attack and choose their own future.
— 3 —
into our people.
While in past times all Yindjibarndi, including all the named Yindjibarndi
#1 claimants, have supported Ned Cheedy and followed
him on cultural recording trips to country, FMG has poisoned this
relationship, and today the same people ignore the wishes of our
most senior and knowledgeable elder.
On December 16 last year Allery Sandy had the cheek to run Ned
Cheedy down as only “one elder”, as only “one person” opposing
Wirlumurra’s dealing with FMG.
Ned Cheedy cannot be dismissed so easily. Ned was born in country
at Cheedy’s Pool, from which he got his name. This was the
first name for what later became Hooley Station (Winyjuwarranha),
which was established nearby.
Old Cheedy went through the Birdarra Law in Buminyji ration camp
(Police Station) with Old Pat (Yalgi – Sandy Andrew’s older brother).
Since then he has been involved with Birdarra Law as a main
Jirnjanggnu, putting young fellas through Birdarra at Buminyji and
Mardatharnangunha – he put through men like Sandy Andrews,
Johnny Walker, Woodley King, Yilbi Warrie, Guinness
Gilbey, Alan Jacobs and many others. He saw the last Birdarra
Law take place at Wirlumarranha and he was at Marragalijurrunha
when Old Wobby Parker went through Law there.
The men mentioned here are all gone now (rest in peace), but Old
Cheedy Ned is still with us. He is a living Yindjibarndi treasure and
a man that should be treated by all Yindjibarndi with respect.
To push Old Cheedy aside as only “one elder”,
as only “one person” is disrespect of the worst
kind.

WIRLUMURRA BOSS DRAGS
CLAIMANTS, SYLVIA &
MAVIS, OUT OF YAC MEETING
Allery Sandy and the Wirlumurra FMG breakaway mob are really
good when it comes to spreading tales about how Michael Woodley is
a bully just because he is passionate about and speaks up for his Law
and culture and country against those that want to harm it and sell it.
A big gathering of YAC members had a chance to witness just what
a bully Allery Sandy
can be on Thursday
(10 March) when
she stormed into
a YAC meeting at
Juluwarlu and bullied
and shouted Mavis
Pat and Sylvia Allan
to leave the meeting
even though
they had come
there willingly
and wanted to
stay to hear
what was happening
with other
Yindjibarndi
matters.
Mavis and Sylvia
wanted to be part
of the meeting
which had several
important agenda
items concerning
Yindjibarndi affairs
Allery Sandy shows disrespect to elders.
– including negotiations
with the Department
of Water on a Memorandum of Understanding; Plan B deed of variation;
Rio Tinto heritage and negotiations; Federal Court process and
mediation; YAC membership; the move by FMG-Wirlumurra Breakaway
group to remove Ned Cheedy, Thomas Jacobs, Alum Cheedy and
Michael Woodley as name applicants from the Yindjibarndi #1 claim;
and Wirlumurra actions to allow FMG to destroy Yindjibarndi sacred
sites at Ganyjingarringunha by giving green light to their section 18
application.
But the pressure was on Sylvia to not come to the meeting even
before she got there. When Pansy Sambo picked Sylvia up, Bruce
Monadee and Amy Jerrold were telling her not to go. They warned
her that if Allery Sandy was not at the meeting, then she should not
go there either.
Pansy Sambo was sent by the other YAC Elders to invite Mavis and
Sylvia because Yindjibarndi Elder, Ned Cheedy, wanted to talk with
both of his daughters, Mavis and Sylvia – and it was to respect their
uncle Ned that Sylvia and Mavis came to the meeting; and for this
reason that Sylvia ignored Monadee and Jerrold’s threats.
It didn’t take long for Wirlumurra spies to report back to Allery
Sandy that Sylvia and Mavis had gone to a meeting – without Allery’s
permission! The YAC meeting was discussing the Rio Tinto agenda
item when Allery showed up. She shouted that Sylvia and Mavis had
to get up; that they had to leave the room NOW. Allery said that they
should not be at this meeting and said they had to come because if
they stayed ‘they might make you sign something’. She also shouted at
— 4 —
Mavis that her brother, John Sandy, was upset with the newsletter
and wanted to talk to her; and that Michelle (?) was also upset and
wanted to talk to Sylvia on the phone when she got out of the YAC
meeting.
Other people at the meeting tried to calm Allery down; they
told her that she was welcome to stay also. Senior women at the
meeting including Allery’s mother in-law, Yindjibarndi Elder Dora
Solomon, said to Allery that she was a grown woman, that she
should know better than to behave in such a disrespectful way to
Sylvia and Mavis. These two old ladies deserve more than to have an
FMG ‘Native Protector’ telling them what meeting they are allowed
to go to and not go to.
But Allery rejected the invitation to stay and was quite aggressive
and persistent to get her way with the old ladies and take them out
of the meeting as quickly as she could. First she took Mavis by the
hand, who was shaken up, and led her out to her car. Then she came
back and grabbed the old ladies bags and ordered Sylvia out. Sylvia
tried to tell Allery that she wanted to stay and listen to the rest of
the meeting, but Allery would not let them. She bullied them out of
the meeting as if they were children.
Yindjibarndi Aboriginal Corporation want
to say to Sylvia and Mavis, and any other
Yindjibarndi out there who want to know what
is really happening; and who don’t want to
be intimidated by the bullying, fear and lies
of Allery Sandy or others in the Wirlumurra
group – PLEASE come to YAC meetings, which
are always open to genuine members; and deal
with all sorts of important issues – not just FMG
business!
We should stop to think – If Michael Woodley is passionate about
and speaks up for the country his elders passed to him to protect
– what are Allery Sandy and the other Wirlumurra mob fighting
for? Their next FMG payment?
Dora Solomon told Allery she
should know better than to
disrespect Sylvia & Mavis
The truth is that to keep
on the gravy-train of cash
hand-outs from FMG,
Allery Sandy and the
Wirlumurra have to keep
a tight leash on ‘named’
Yindjibarndi #1 Claimants
like Sylvia Allan,
Mavis Pat and Aileen
Sandy, because these
ladies are essential in
FMG’s and Ronald Bower’s
strategy to get rid of Ned
Cheedy and the other 3
named claimants; and to
legitimise FMG-Wirlumurra
attacks on YAC in the
Native Title Tribunal and
the Federal Court. These
three old ladies guarantee
Wirlumurra their FMG
pay-check!
This is why both FMG
and Wirlumurra have refused to engage in mediation with YAC,
both through the Federal Court mediator and the DIA mediator
– because it is in their interest to keep Yindjibarndi divided – and
bugger the consequences for the Yindjibarndi community.

THE THEFT OF THE FMG
AGREEMENT
While Wirlumurra and their Lawyer, Ron Bower, seem happy to sign
FMG’s Agreement [downloadable from http://yindjibarndi.org.au/],
Yindjibarndi Aboriginal Corporation are strongly opposed to signing
this Land Use Agreement.
For a very poor short-term gain, this Agreement would forever damage
Yindjibarndi interests over ALL their native title lands.
We should explain again why this Agreement is so bad, and why
Wirlumurra and Ron Bower’s pushing to sign this Agreement is
wrong. Some of these things are complicated, but they will have enormous
impact on our future, and so it is vital we try to understand:
● The FMG Agreement is not just for the Solomon Mine in the Yindjibarndi
#1 Claim area, but also covers all future FMG leases and
operations over the original Determination Area. There are already
about 55 FMG tenements pegged in both the new Claim Area and
the old Determination Area – half of Yindjibarndi country!
● The PRIMARY BENEFICIARIES in the Agreement FMG has drafted
are the Wirlumurra Yindjibarndi Aboriginal Corporation (WYAC).
So the only Yindjibarndi people getting money, will be those chosen
by WYAC! Ned Cheedy and others have rejected this Agreement
outright – does this mean he will not get anything?
● WYAC has no right to negotiate this Agreement for themselves,
because under the Native Title Act the SEVEN Yindjibarndi people
who are named as the applicant on the Yindjibarndi Native Title
Claim – Ned Cheedy, Sylvia Allan, Thomas Jacob, Mavis Pat, Aileen
Sandy, Alum Cheedy, Michael Woodley – are required to act jointly
to agree on any Agreement with FMG.
● Wirlumurra claim that Sylvia Allan, Mavis Pat and Aileen Sandy support
the FMG Agreement – but Ned Cheedy, Thomas Jacob, Alum
Cheedy, and Michael Woodley (the majority of applicants) do not
agree.
● SIGNING AWAY PROCEDURAL RIGHTS: Procedural rights
under the Native Title Act are the RIGHT TO OBJECT to the
grant of mining exploration licences and miscellaneous licences for
railways; and the RIGHT TO NEGOTIATE the terms under which
Yindjibarndi will consent to the grant of any other tenements, such
as mining leases.
● With the RIGHT TO OBJECT signed away in this Agreement, FMG
would be able to get any mining tenements they want, now and
in the future, anywhere in the claim area or the determination
area. FMG does not say how many tenements it
wants, nor where they might be located, so THIS IS A BLANK
CHEQUE. Yindjibarndi are being asked to consent now to something
that is not known to FMG or them!
● GIVING FMG POWER TO DO DEALS WITH 3RD PARTIES: The
proposed Agreement also gives FMG power to sell or license tenements
on Yindjibarndi country to any third party with whom FMG
deals now or in the future.
● So FMG’s proposed agreement is asking the Yindjibarndi to consent
to an uncertain future – to the grant of anything and everything
that FMG or anyone else (who has an agreement with FMG)
wants in Yindjibarndi traditional country, at any time in the future.
● SIGNING AWAY SUBSTANTIVE RIGHTS OF THE ORIGINAL
NATIVE TITLE DETERMINATION: Substantive rights under the
Native Title Act are those rights given by the Determination of the
Federal Court in the original Yindjibarndi native title claim. These
SUBSTANTIVE rights recognise that the Yindjibarndi People hold
the right to visit, conduct ceremony on, camp on, and gather traditional
resources and bush tucker within the Yindjibarndi Native
Title Area.
— 5 —
● By signing the Wirlumurra-FMG Agreement the Yindjibarndi are
giving away or suspending their “SUBSTANTIVE” native title rights
to visit their country and so on, in the Yindjibarndi Determination
Area that falls under FMG’s mining operations (or those of
any of its future partners) – including on country to the south
and south-east of the Millstream, parts of Coolawanyah and Mt
Florance Pastoral, and unallocated Crown Land between those
two Pastoral Leases.
● So, in signing the Wirlumurra-FMG Agreement the Yindjibarndi
will forego not only their PROCEDURAL rights to OBJECT
to FMG tenements in the Determination area, but also their
SUBSTANTIVE native title rights to enjoy their country in the
Determination area.
● The Wirlumurra-FMG Agreement provides no compensation
for the loss or impairment of SUBSTANTIVE native title rights
that our elders fought so hard for – only a small payment for
loss of PROCEDURAL rights.
● This is how FMG is trying to pull the wool over Wirlumurra
eyes – and how Wirlumurra are being tricked.
● The Wirlumurra-FMG Agreement stops the current generation
of Yindjibarndi People, and all of their future ancestors, from
ever claiming any compensation for the loss or impairment of
their substantive native title rights. Wirlumurra want to give
FMG a free giveaway.
BUT IT GETS WORSE:
● SIGNING AWAY SUBSTANTIVE RIGHTS IN THE YIND-
JIBARNDI #1 CLAIM AREA: We must remember, the Yindjibarndi
#1 Claim, has not yet been determined, and that
it could be many times more powerful than the original determination
if – as is likely – EXCLUSIVE POSSESSION native title is
granted to parts of the Yindjibarndi native Title Claim area.
● The proposed Wirlumurra-FMG Agreement will be disastrous in
destroying the promise of these powerful EXCLUSIVE rights!
● So, as well as wiping out rights gained by our elders in the first
Claim, the Wirlumurra-FMG Agreement will wipe out compensation
for the loss of any EXCLUSIVE NATIVE TITLE rights
recognised by the Federal Court in Yindjibarndi #1 – for current
and all future generations of Yindjibarndi People.
● MCGLEW ADMITS – THAT IF NO AGREEMENT IS
SIGNED – A DETERMINATION OF NATIVE TITLE
IN THE YINDJIBARNDI #1 CLAIM COULD MAKE
FMG PAY COMPENSTATION:
In a letter Blair McGlew wrote to YAC on 30 November 2010
he said: “The three mining leases that will start the Solomon
project have now been granted to Fortescue by the State.
Fortescue is now under no obligation to pay any royalty in
respect of these tenements, nor any other compensation in
respect of these tenements prior to Yindjibarndi obtaining a
determination of native title...”.
● This COMPENSATION is the compensation that FMG would
have to pay for any loss or impairment of substantive native
title rights, which were recognised by the Federal Court in the
Yindjibarndi #1 claim.
● CHEATED OUT OF FUTURE RIGHTS: How it is fair and reasonable
to ask the Yindjibarndi People to give up not only their
PROCEDURAL rights; but also all SUBSTANTIVE rights under
FMG’s current or future projects, for nothing more than a weak
“procedural rights compensation package”?
● This is why so many have called this FMG Agreement ROBBERY.

HOW SICK FMG’S
AGREEMENT IS – EVEN
COMPARED TO RIO TINTO’S
In the last newsletter, we said that the royalty payment in the FMG
Agreement is TEN TIMES WORSE than the basic Rio Tinto Agreement
being offered to traditional owners. Rio is making Agreements giving
traditional owners an uncapped .5% royalty on the total value of iron
ore shipped each year. But if you look at this FMG Agreement over its
life-time (half a century or 50 years), it is even worse.
FMG say they have about 2.4 billion tonnes of ore in Solomon; and in
Stage One of their operation they want to take out about 60 million
tonnes per year. Today, just three months after out first newsletter,
the price of iron ore has gone up to $180 per tonne. Now FMG’s
60 million tones is worth $10.8 billion per year. If Yindjibarndi were
making an Agreement with Rio Tinto instead of FMG, this would be
worth $54 million per year to a traditional owner group. Yet FMG are
offering $4 million per year. But unlike Rio Agreements, this amount
is capped forever, while Rio Tinto’s standard royalty would keep pace
with increase in tonnages and increases in ore price. So the FMG’s
compensation is not ten times worse than Rio Tinto’s royalty formula,
but in years to come it will end up being 20 times worse or 30 times
worse depending on how high ore price go and how many tonnes
they take out!
There is a racist and discriminatory belief in Australia that Aboriginal
people, unlike white people, cannot manage money and will waste
it, and so they should not get royalties from their lands on an equal
basis to other titleholders. This grows out of other racist ideas in this
country that in earlier times stopped us from being citizens, owning
property, getting married, and moving around the country freely... and
then cooped us up on reserves, discriminated against our education
and employment... and then put us on welfare! Belonging to this family
of racist ideas is Twiggy Forrest’s idea that Aboriginal people should
not have a fair royalty share in the profits that are stripped out of
their ngurra – from resources that are not renewable, and
can only be mined once – and which destroy and transform our
birthright forever. This idea firmly holds that Aboriginal people are not
as clever or responsible as white people.
While native title over our ancestral lands gives us no legal right to
share in the wealth being dug out of our country, anyone who pegs a
piece of country with an exploration tenement is paid whatever the
going rate of royalties is when they do a deal with a miner like Rio
or BHP or FMG. That rate can be anything from 1% to 2.5% – UN-
CAPPED.
For example, for the tenements they had pegged Hancock and Wright
got a 2.5% royalty of the billions of dollars worth of iron ore sold
from Rio Tinto’s Hamersley mines. Gina Rinehart still collects these
royalty monies – likely to amount to more than $100m annually these
days – which she has used to build her business empire and make
herself Australia’s richest woman.
And because of the Federal Land Rights Act that applies only in the
Northern Territory, the Kakadu Land Trust get 4.25% of gross revenue
from the Ranger Uranium mine from Energy Resources of Australia
(ERA).
[We should acknowledge here, that Rio Tinto Iron Ore offer a royalty of .5%,
not because they legally have to, but because they have been brought to this
by Ngaarda negotiators and their own economic necessity of getting smooth
and quick access to Ngaarda lands.]
— 6 —
These photos were taken in 2005 when everyone was willing
to work together and support Ned Cheedy – before FMG
PUTTING OUR ROYALTY TO WORK – YINDJIBARNDI
COMMUNITY DEVELOPMENT & INVESTMENT BANK
drove a wedge into our people.
But the idea that Traditional owners in Western Australia should
also have this right is not accepted by people like Twiggy Andrew
Forrest.
Yindjibarndi refuse to be put under the racist and discriminatory
ideas of Twiggy, the State or any other power. Yindjibarndi want to
guarantee that, if they must sacrifice their heritage and their ngurra
for mining, they have real economic resources with which to develop
their future, and that they can pass on to following generations,
who will not have the same opportunity to do these agreements.
Royalties are also a form of equity; they are an economic tool that
can be used more freely and creatively than just involvement in
mining businesses – although we will do that too. The denial of fair
royalties effectively restricts and controls our self-development.
We want to set up a Yindjibarndi investment and development
bank – a fund that we can use to educate our youth, invest into
businesses and careers and vocations, according to the aspirations
and dreams and talents of our people – and not according to what
Twiggy Forrest wants – black fellas working for him in his mines.
It has been a bitter lesson for our people to watch lands all around
us being exploited ever since colonisation, with us always ending up
the poorest and least powerful. It has been a tragic and painful (and
fatal) experience to get the short end of the stick from the State,
the Federal Government, and miners ever since the Pilbara started
BOOMING. Their policies, their bureaucracy, their ideology, their
discrimination have done little for us. All their reports and studies
keep saying how we have effectively gained nothing out of their 50
year-long resources bonanza in the Pilbara.
Well Yindjibarndi are now determined to fight for our rights as native
title holders, and take control of how we pursue the development
of our community – we will not accept less than a fair royalty
to build our Yindjibarndi Community Development & Investment
Bank.

Yindjibarndi Men and Boys with late Elder Darcy Herbert together on JULUWARLU cultural recording field trip to
WHAT IS THE DIFFERENCE BETWEEN NON-EXCLUSIVE
POSSESSION & EXCLUSIVE POSSESSION NATIVE TITLE?
Non-Exclusive Possession
A NON-EXCLUSIVE native title determination – such as Yindjibarndi
already have in the original determination – gives the right to visit, to
camp, work Thalu, and gather traditional resources – but at the same
time allows all other people to use the land for other purposes, such
as mining.
When a NON-EXCLUSIVE determination is made, it means that the
Yindjibarndi right to say what happens on the land (for example, who
can enter, and how it can be used) has been EXTINGUISHED. When
a NON-EXCLUSIVE determination is made, the Australian legal
system will no longer recognise full Yindjibarndi traditional rights on
our lands.
Mr Forrest, and others of his mind, should understand we don’t want
his fishing rod or his fish (code for the lowest possible compensation),
because we want the economic tools to shape our development
in our own way, according to our cultural and family values, and
according to the dreams and ambitions of our children, which will be
bigger and more meaningful than the mighty dollar – which will carry
forward respect for the old people and our ngurra.
— 7 —
Exclusive Possession
Yiirdimanarah, 2005 – before the FMG split
On the other hand, an EXCLUSIVE POSSESSION determination
recognises the existence of a right to possess, occupy, use and
enjoy the land to the EXCLUSION of all others. Basically
EXCLUSIVE native title is equivalent to the freehold title, which
homeowners have on their blocks of land. With an EXCLUSIVE
native title determination in the Yindjibarndi #1 Claim, it means
Yindjibarndi will “own” the land; and others cannot enter the land
without Yindjibarndi permission.
As ABC Radio reported on 2 February 2011: “A spokesman for
FMG says it has no legal requirement to negotiate because it has
already been granted the leases...[3 leases at Solomon Hub]”.
Yes, but only until determination on Yindjibarndi #1 is
handed down by the Federal Court!
If Yindjibarndi are granted EXCLUSIVE native title to the Yindjibarndi
#1 Claim area, or parts of it, and we do not sign
away these rights in the proposed FMG Agreement,
then FMG will not be so cocky. They would be forced to by Australian
Law to pay substantial compensation to Yindjibarndi people
for their Solomon mines and for the damage they have done.

TWIGGY FORREST A
CONVICTED LIAR
Not only has FMG boss, Andrew Forrest, been leading the Wirlumurra
Yindjibarndi down the garden path regarding AN ALL-OF-CLAIM
AGREEMENT, he has been lying to investors about the position of
his company, FMG. This is what three judges of the Federal Court of
Australia decided in February 2011.
The Federal Court found that Forrest had breached the care and
diligence provisions of the Corporations Act. He made out that he
had ‘binding contracts’ with some Chinese companies, when he did
not. Misleading investors is a very serious crime, and Forrest faces
millions of dollars of fines. Being guilty of such a crime also means
that Andrew Forrest could be banned as a company director and
from serving as CEO of FMG.
If Twiggy can pull deceiving stunts like this in the
face of a very powerful body like the Australian
Securities and Investments Commission (ASIC),
how can any traditional owner group trust him in
Indigenous Land Use Agreements?
Many traditional owners in the Pilbara have already learned the hard
way, and are very disappointed with both the Agreements they have
signed with FMG and the conduct of his company (see previous
Newsletter and comments below from FMG critics).
Andrew Forrest has an attitude problem with the truth and also in
dealing fairly with traditional owners. This attitude problem runs right
through FMG, so this judgement by the Federal Court, which might
remove him as CEO and a director of FMG, can only be good news
for FMG and all Aboriginal people in the Pilbara. Twiggy’s chickens are
coming home to roost!
FORREST RAKES IN
PERSONAL MILLIONS, AND
THROWS WIRLUMURRA A
BONE
Although the full bench of the Federal Court of Western Australia has
found Andrew Forrest guilty of misleading invertors, the company is
making money hand over fist regardless. The company posted a $314
million dollar profit for the last financial year. Being its biggest shareholder,
Twiggy alone will collect a cool $29 million dollars at the end
of March when FMG pays its shareholders a dividend.
But there’s more! In October last year the Sunday
Times reported that in just one monster month
Andrew Twiggy Forrest earned $1.5 billion or
$50m-a-day as the FMG share price surged. Nice
pay packet Andrew!
And still more! In January this year the West Australian reported that
Twiggy pocketed $568 million in one day as Fortescue shares surged
again. Forrest’s fortune has topped the $7 billion mark now, cementing
his position as Australia’s richest man.
How much of Twiggy’s personal super-profit will go to the thousands
of traditional owners belonging to the country where Twiggy is digging
out his profits? How much is going to all those countrymen and
women who have signed lousy Agreements with FMG?
Well the greedy Mr Forrest has offered Wirlumurra $500,000 on
signing the Agreement, and just $4 million per year to members to
fight over like dogs over a bone – but the Agreement states that none
of the $4 million royalty monies will be paid to Yindjibarndi until the
first iron ore is shipped. There is no guarantee exactly when the first
iron ore will be shipped.
— 8 —
The Federal Court finds Twiggy lied to investors
Wirlumurra will be waiting years before any
‘elders fees’ or ‘royalty’ monies are paid.
To agree to a locked off or capped royalty now – that is, an annual
payment from FMG that never changes and runs forever – is
grossly unfair. As time passes everything becomes more expensive.
Remember how things in the shop were 5 and ten times cheaper
when you were a kid? Well in ten or twenty years from now everything
will have gone up in price – yet you will be getting exactly
the same FMG royalty then as you are today, which means it will be
worth less and less as the years go buy, and you will be buying less
and less with it.
Twiggy and his board, his well paid land access managers and Lawyers,
must be laughing behind the backs of Wirlumurra.
Members of the Wirlumurra Group – please see
through FMG’s fraud. Let us Yindjibarndi not
give up on our Heaven for a fools Paradise.
SBS JOURNALIST
REVEALS FMG PAYING
WIRLUMURRA LAWYER &
ALL WIRLUMURRA LEGAL
BILLS
It should came as no surprise, but just for the record, SBS journalist,
Jennifer Curtis, has revealed that FMG openly admits to paying the
legal fees of Wirlumurra lawyer, Ronald Bower and all of Wirlumurra’s
costs. Curtis interviewed FMG’s Blair McGlew for a video she
is making for SBS’ Indigenous Current Affairs program, Living Black,
about the Yindjibarndi split and problems with FMG. (This will be
screened on SBS TV on Sunday 27 March 2011 at 4.30pm.)
Ronald Bower’s advice to Wirlumurra has already shown that he
is playing straight into the agenda of FMG and their interests – and
not the long-term interests of the Yindjibarndi people, or the Wirlumurra.
There is a serious question of CONFLICT OF INTEREST
here.
How can Wirlumurra Yindjibarndi expect to receive unbiased legal
advice about the best terms of an agreement with FMG, when FMG
are paying the fees of their lawyer? Is Bower going to bite the hand
that feeds him?

STRONG MESSAGES
OF SUPPORT FOR
YINDJIBARNDI
Ever since YAC published the “Dirty Deeds Done Dirt Cheap”
newsletter and launched its web site (see http://yindjibarndi.org.au/),
both YAC and Michael Woodley have been getting solid support
from a wide range of Indigenous and non-Indigenous people who are
shocked by the bad conduct of FMG and saddened by the split – but
also inspired by YAC’s courage and tremendous example. Here is a
short selection of comments:
From: Slim Parker
I just want to express my support for you and the Yindjibarndi people who
are standing up and taking the fight up with FMG. Your newsletter highlights
FRAUDULENT FACTS in regards to the Commercial Financial offer currently
on the table. The quotation you highlighted about the difference between
the RTIO and FMG deal is very significantly important. I wish that the so
called breakaway group of Yindjibarndi people really reconsider the position
they have taken which have created and caused conflict between the
Yindjibarndi people which is not in the interest of all Yindjibarndi people,
their Law, Culture, Heritage and Ngurra. The financial terms that have been
offered by FMG is significantly different to the deals that other Native Title
groups will be getting from RTIO, including us. I agree, as the newsletter
points out, that this is outright robbery and a very bad deal. I am wondering
what all the great Lawmen and women of the Yindjibarndi tribe would think
– people who very strong conducted themselves always in the interest of
their people, but more importantly in accordance with the Yindjibarndi Law,
Culture, Heritage and Ngurra. Bless their soul. I wish to express that I am
not taking sides here, just voicing my concern in light of the Financial offer
made by FMG to the Yindjibarndi people. Yours in the struggle of Protecting
Heritage, Law, Culture and Ngurra.
From: Michelle Adams
As a Yindjibarndi person we are united in the preservation of our law and
culture, we will not forget the struggles of the past and will continue to
admire the strengths that each of us has brought along in our journey of
life and now with our future hanging in the balance... too many of us are
now all too aware that it is governments and industry that still continue to
commit political genocide on Indigenous people ... it is a system which is
continually being imposed upon us...by an alien culture, that has no heart
and no soul. From the past we have learnt to take the good with the
bad, but Yindjibarndi people I believe will always continue to see all that is
good within each of us. Forgiveness, peace, strength and respect and unity
are values that can never leave us despite all the conflict that Yindjibarndi
people and families have encountered and will continue to do so until a
resolution is found for all us to move forward. It is what each of us has
learnt from our old people. Please forward the article [December 2010 YAC
Newsletter] that you have requested is circulated [...] tell the world how appallingly
and unethically the approach Fortescue Metals Group is conducting
itself in current negotiations.
From: Nicholas Green, Anthropologist
Andrew Dowding has just passed me your Newsletter. Can I say it is
refreshing to see an Aboriginal Organisation being bold and telling the truth
about its interaction with a mining company! Well done. I have had similar
experiences with FMG and others. Ngarluma is about to go through the
same experience so I hope every Ngarluma Traditional Owner reads your
Newsletter. Let me know if I can be of any assistance.
From: Nana Julie Walker
I am just emailing you to let you know we support your stand. The mining
companies have always adopted a deliberate divide and rule strategy. It has
nothing to do with being women but power - they are applicants on the
claim and that is the only value they see in them. It is important for them
to see this. Andrew Forrest has taken millions of govt funding to support his
mining empire and is a big fake, a trickster who promotes himself as an advocate
of Aboriginal people but he is no different to his ancestors who use
— 9 —
black slavery to build their empires. Aboriginal sites and places are being
destroyed at alarming rates. Whilst it might be the women in your group
who is being lured by FMG, in our group it’s anybody who can’t see
beyond the smell of Whiteman’s money. I want to protect my country too
- I think its time we start defending our country from the Whiteman and
stand up for our Sovereignty for a change.
From: Arthur Gear
I read your newsletter. What an awesome and truthful article. Well done
and I can assure you that what you are fighting now, slaughtered Palyku
when they did the same to us when they were in negotiations with us.
Unfortunately for our group we lost senior people because they got
sucked in by those pair of evil people. Keep strong brother and be careful
of lore man Gallagher and I’m holier than thou McGlew. They are very
devicive and devious, don’t ease up on that evil pair.
From: Marilyn Morgan, Kambarang Services
I am particularly sensitive to that man’s style [Twiggy Andrew Forrest] as
I was assisting my friend Sally Morgan and the Milroy family re Abydos
Woodstock business and had face-to-face dealings with this man. There
was an acceptable solution to destroying the Abydos Woodstock lands.
It was going to cost a miserable $7m to put the rail track around the
area and they would not do it. Miserable & mean spirited!! The work you
fellas are trying to do is honest, thoughtful and purposeful. You have my
support (as a volunteer) if there is anything I can do.
From: Allan Butson, Accountant
This is fantastic Michael, excellent work and very powerful. Love your
end saying [quote from Allan Jacobs (Jiijali-Bus Driver) – “We got a
Law in our hand...”] and so true that it’s a shame we have a system
that protects the rights of the miners and leaves you mob with nothing
but a divided people. They say these people ‘are only ancestors of the
traditional owners’ so they don’t count, and in the quest for profits and
greed they will do anything to get what they want. They throw money
and promises of riches into the ring and get everyone fighting. The old
saying “divide and conquer” is one of the main tricks the corporate use
to steal what they can. Barry Taylor was right when he talks about white
accountants and territorial lawyers because these are the people who
run the system that is killing tradition and putting love, care and culture
as a distant second. I wish you all the best and hope and pray that you
mob can make a difference and stay together long enough to stop the
theft and have your opinion heard in a theatre of truth, not lies.
From: Frank Rijavec
Yindjibarndi Ngurra is the most beautiful stretch of country on the
face of this earth. I pray that you firmly shut the door on FMG’s insults
and stop their ugly trouble-making face pushing into your community.
Defend your relationships and your life against the greed, and spite and
ignorance that FMG have stirred up. Like YAC and Slim and others keep
saying, the FMG offer is robbery. It is rubbish. It is at times like this that
you are truly tested as a people. United you will stand – Divided you will
reap yet more grief and sorrow. God bless Yindjibarndi and Yindjibarndi
Ngurra.
From: Marie
Just read the Dirty Deeds Done Dirt Cheap. I am appalled that “Twiggy”
claims to be a friend to Aboriginal people and even got the cheek to call
the elders “uncle”! All Twiggy wants is Aboriginal people’s sacred country
to dig great big holes in, get what he wants, make big big bucks and
then leave them with nothing and leave the Aboriginal people crying for
their country. How dare he! When I heard about this Twiggy and Generation
One, I thought wow what a great guy, trying to help close the gap in
employment for Aboriginal people, but sadly like everything else, it’s only
if these people can get something out of it for themselves that they will
“look” like they are genuine in the quest to help the “poor blackfella”. As
for the “break aways”, I feel sorry for them, they know very little of the
big impact their choice of money over country will do to the traditional
owners and their future generation of children’s country, stories, songs
etc. I can only hope and pray for the Yindjibarndi that the “common

sense” of the Native Title Tribunal, will see the truth behind Twiggy’s little
“game” that he is playing with the breakaways, and if he truly understands
the blackfella’s ways, as he claim’s he does, then he will leave that beautiful
country alone... Good luck my fellow countrymen.
From: Vicki Long
Andrew Forrest claims to have grown up with Aboriginal people - he claims
he “understands” them. He also constantly pushes to the world, via a gullible
media, that he is creating better opportunities through employment for
Aboriginal people. He does NOT understand Aboriginal people. If he did he
would understand the sacredness of the Pilbara landscape and how it is an
intrinsic part of the soul of its people. The country is a living, sacred entity
- you can’t just “chop” holes in it and think you can compensate in other
ways. I am non-Aboriginal but I have got to know and have worked with
many Roebourne people and therefore have been privileged to gain some
very small insight into their ways - so profoundly different, so meaningful if
they could be followed without hindrance. Sadly the power of the $$ speaks
strongly to all. I offer any support I can give and will spread this message
widely.
From: Jan Teagle Kapetas
As a Roebourne resident I have been horrified by the effects that FMG’s
cunning and divisive tactics have had upon the Yindjibarndi community.
Twelve months ago all Yindjibarndi were united in their determination to
save their sacred places, and united in their determination, that if mining
had to occur, then they would stay strong together to ensure the best possible
outcomes for all Yindjibarndi - outcomes that would ensure the cultural
and economic future of all. Three months after the arrival of FMG’s cunning
“divide and conquer” outriders [Michael Gallagher, Blair McGlew, Alexa
Morecombe, etc.], it appears that unity is destroyed, and the pain of divided
families reaches even to the children fighting among themselves. No one
has signed up for the total destruction of their sacred land - and I hope the
Yindjibarndi stay strong on this. Those who belong to the oldest continuing
cultures on earth, must decide without pressure, how the future can be lived.
Their destiny must be freely chosen.
From: Stacey P
This is the typical way mining companies are bulldozing their way through.
There is a history of claims where in other mining “negotiations” a few
minority claimants have been bought off by the mining company to say that
they are the representatives of the group and they go on to sign an agreement
with the mining company on behalf of those they claim to, but do
NOT represent. Shame on you mining company executives, shame.
From: Abe Dunovits
To me, this clause summarises the plight of the people from the Pilbara regarding
mining: “interference with or damage to Aboriginal Cultural Heritage
should be avoided to the greatest practicable extent possible” – or to put it
simply: AVOIDED AT ANY COST.
From: Trevor Close
I am here to support you my brothers and sisters
From: Murray George - John Hartley, Aboriginal Law
and Culture Movement, South Australia
To the Yindjibarndi, Thankyou. We Walk With You Brothers and Sisters.
Enough is enough. People must stop and leave our country alone. We are
the first Peoples of this country colonially referred to as Australia. Our People
have many languages but we all share the one sun, the one moon, we sleep
under the one roof and are sustained by the one Mother Earth, Our stories
run right throughout our country and we are Brothers and Sisters walking
together. We are a happy and strong People with our own Law, our own
Languages, and our own Way of Living and it is time now that this be recognised,
respected, embraced and supported or it will be gone from our sight
and our young will be lost to us for all time and one of the oldest continuous
living culture on the face of the planet will cease to be. We are sending out
a message of support to our Aboriginal Brothers and Sisters to keep standing
strong in your Law. Keep speaking out straight and clear on behalf of our
ancestors and our coming generations. It is time that the voice and guidance
— 10 —
of our Grandfathers and Grandmothers who are our true cultural authorities
be listened to and acted upon in accordance with our customs and
traditions. It is time now that the continued desecration of our culture
and way of life through successive and assimilative Government policies
and greedy business people end. It is time now that we the First Peoples
maintaining the one true Law of this country say enough is enough.
From: Noelene Harrison
Armies and mining companies always plan to divide and conquer when
they come up against a strong group they want to win over. When I see
people from the same church group turn on each other it makes me sad,
especially because I have friends on both sides of this argument. It makes
me even sadder to see this Ronald Bower and Andrew Forrest trying to
get Wirlumurra to turn against their most respected Elder, Ned Cheedy.
It is a very hurtful thing to encourage community members and good
people to turn against their own most senior Elder and their own Law. I
hope the community stands firmly behind Ned who knows the people
and the country and wants what is best for EVERYONE, rather than going
with a stranger lawyer who is dividing the community for the interests of
a multimillionaire for whom the community means absolutely nothing. If
Forrest and his cronies really cared about the Yindjibarndi community he
would be trying to find a fair and honest solution, not working as hard as
he can to split families and the community. Stand strong and understand
that those that have gone to the other side have had their minds turned
by clever, sneaky and greedy outsiders.
From: Dr Kathy Trees
(Commenting on the situation FMG has created after reading the
“Calling All Yindjibarndi” Flier)
It is vile. Is there a state mediator, someone from the NNTT perhaps that
could help them?
From: Caro McDonald
Is there anything I can do to help out with this? Please let me know if
there is anything you can think of that may be of use (filming/anthropology
or just general campaigning). I would very much like to help out if I can.
From: Nana Marnmu
Wanthiwa Nana, I just got the wangka about the binyarri with FMG. I
would like to give you my wangka support and encouragement to stand
strong because we are all loosing what belong to us. Ngarndu aabuji
Bagarraman and all my family struggled to keep what belonged and that
is the Yindjibarndi Property and Intellectual Copyrights Culture and Law.
We had a life with our old people on stations and on the reserve surviving
on rations, but I remember the Birdarra and ngurnda was alive and strong.
We struggled – our old people moved off our lands – pastoralists and
mining and governments are stripping everything off us all. Nana, maybe
it is time we all ngardangali in the Pilbara need to call a big bush meeting
to talk about what is happening to our lands. I have been worried about
our yindangali, our sacred water sources like Wirla Warli, which feeds the
mighty Fortescue. Mining and development have and are continuing to
destroy all that is sacred to our souls and spirits. We must gather our
families together to garri guma. From the Bagarraman we also will stand
with our families to fight for what also belongs to us as Yindjibarndi. We
also have rights and interests and respect for the Yindjibarndi ngurra.
This Native Title has caused the worst thing and destroyed family relationships
of which some may never be able to be fixed. Send me any wangka
if I can help in the fight.
From: Robin Barrington, Badimia Community
I would like to extend my support to the Yindjibarndi people who are
fighting to save country and community by resisting the pressures of
mining companies. A price cannot be put on these precious resources, so
vital to the health and wellbeing of current and future generations. What
is of deep concern to me is the continued division which is created in
community on these issues. Stand strong together.

From: Jim Maher (former Millstream ranger)
My heart goes out to all Yindjibarndi people those who have passed and
those in this present day who have to now go through another chapter of
1829. I was the Millstream National Park Ranger in 1984-1985 and the
Elders then (many have now passed on) walked me through your beautiful
country and I listened to the many stories told to me by them and they also
started teaching me the language which now makes me cry when I hear
the pain and suffering in the voices of your people today at the thought
of the unwanted disruption of such a wonderful country. I was sent to visit
places by the Elders on my own and the Spiritual feelings at those places
has grounded me in my pursuits of equality for our people all over this
country. Please let me know if there is anything I can do other than send
some Spiritual messages to help you all resolve this heartache and division
among a people of which I have the utmost respect.
Those Elders showed me the way to harmony and connection to country
and I will always be in indebted to them and all Yindjibarndi people and
their lands.
GUMALA CEO RESPONDS
TO FMG’S BLAIR MCGLEW’S
ACCUSATION THAT THE
YINDJIBARNDI NEWSLETTER
WAS “PROPAGANDA”
In response to the YAC Newsletter last year (“Dirty Deeds Done
Dirt Cheap”), FMG Land Access Manager, Blair McGlew, sent an email
around saying: “Please be aware that I consider this to be propaganda.”
Chief Executive of the Gumala Aboriginal Corporation, Steve Mav,
answered McGlew’s accusation with the following message:
Dear Mr McGlew, We have never met before, however I am alarmed at
your “reply” to a very serious matter. Rather than label the eight page
report from the Yindjibarndi people as “propaganda”, maybe a proper response
from FMG would be appropriate. Gumala Aboriginal Corporation, as
one of Australia’s largest indigenous corporations, represents the Banyjima,
Nyiyapali and Innawonga people in the Pilbara through the Yandi Land
Use Agreement with Hamersley Iron (part of the Rio Tinto Group). Our
relationship with Rio Tinto is built on trust and working together. It would
appear that your response to this serious matter escalates rather than addresses
the concerns of the Yindjibarndi people and raises questions about
your relationship with the Traditional Owners of that country.
McGlew - “propaganda”
— 11 —
Bower - “disrespectful”
CHAIR OF EASTERN
GURRAMA SLAMS
WIRLUMURRA LAWYER,
RONALD BOWER, FOR
DISRESPECT TO NED
CHEEDY
Mr Ronald Bower of Corser & Corser, the lawyer for Wirlumurra,
also happens to be the Lawyer for Eastern Gurrama. The facts of
how FMG were trying to cheat Yindjibarndi, and the role of FMGpaid
Lawyer, Ronald Bower, in serving FMG-Wirlumurra interests
to widen the split amongst the Yindjibarndi, moved Eastern Gurrama
Chairman, Wayne Stevens, to write a passionate letter to Mr
Bower in which he promises to have him sacked from EG.
In December 2010, Wayne Stevens told Ronald Bower that the
Newsletter put out by Yindjibarndi was powerful and that he
thought the Yindjibarndi stand to protect their human rights and
culture to be truly courageous.
Stevens made clear to Bower that he “was disturbed by [his] involvement
as the lawyer representing these people [Wirlumurra] who are
working with FMG to sign an agreement that is clearly rejected by the
Yindjibarndi people, and one in particular, my uncle, the elder and Yindjibarndi
leader Mr. Ned Cheedy, who is wanting to achieve something
more long-term and genuine for the next generation.”
Stevens said that the strong position of the Yindjibarndi had
“personally ignited me to look at the way Eastern Gurrama have been
conducting our native title business. I personally find your involvement
with this matter between Yindjibarndi and FMG to be a let down on
Indigenous people who are wanting to fight for justice. It angers me to
know that you are an representative in the matters of EG, yet opposing
my uncle Ned.”
Stevens concluded: “In my mission to take control of our own destiny I
will therefore be recommending to the EG people to dismiss all and any
involvement that you have with our group, as I believe your representation
of EG matters will be damaging to our long standing relationship
with the Yindjibarndi people.”

BOWER’S CLAIM ABOUT
EASTERN GURRAMA
RELATIONSHIP WITH FMG “A
LOAD OF CROCK”
Wayne Stevens’ doubts about Bower’s credibility were confirmed
after Bower sent a 6 page letter to YAC in which he tried to justify
his advice to Wirlumurra by claiming the Eastern Gurrama were “very
pleased” with their Agreement with FMG. This is what Mr Bower
wrote:
“to their pleasant surprise they soon discovered that FMG was, in their
experience, the best deliverer of benefits in the nature of employment,
training and contracting opportunities that they had ever dealt with. As
a result, the current position is that the Eastern Gurrama people are
very pleased indeed with their relationship with FMG. They are saying
to whoever will listen to them that they are making far more money
out of their business ventures which they launched with help than they
ever wished to make from compensation payments, and they are very
pleased to be running their own successful businesses, in which their
people are working at all levels.”
YAC has been in contact with Eastern Gurrama Chairman, Wayne
Stevens, to see whether the EG relationship with FMG, and its
outcomes, were as good as Bower claimed. Stevens wants to say ‘to
whoever will listen’ that Bower had no permission through the
Chair to misrepresent the Eastern Gurrama in this way.
In regard to Bower’s statements of how pleased Eastern Gurrama
were with FMG, he said, “I think that’s all a load of crock. [...] He’s probably
putting his own words, knowing these lawyers.” Stevens said he saw
no real benefits coming out of the FMG Agreement to his people. He
said that Eastern Gurrama did indeed have direct joint ventures with
other companies, with the assistance of Rio Tinto, NRW and ESS, but
that FMG had done nothing so positive.
Stevens said that Bower had lost his support a long time ago. “They
just hanging around like leaches, and raking in, and making the rules. Being
a Lawyer you know, they can be very like a snake in the grass.” Speaking
of Bower, Stevens commented: “Bower, you got to watch that bloke. He
doesn’t tell you everything. You got to be very careful of that bloke.”
While on the subject of Ronald Bower, YAC got a phone call of support
from a Thalanyji woman who has experience of Ronald Bower
too (he is a lawyer for Thalanyji). She expressed her disgust and
disappointment at the way Bower was causing trouble with the Yindjibarndi,
who she said she respected greatly for always being strong.
She was so upset at Bower’s conduct she said she would put his role
on the agenda for the next Thalanyji board meeting.
Eastern Gurrama Chairman Stevens said that his group would be a
lot better off now if they had taken their negotiation and agreementmaking
more slowly. “Everything was rush rush rush and nobody really
didn’t understand the terms of negotiating. [...] I think it’s time Marlpangali
stop dealing with these people. [...] We need to pull them up. When are we
going to stand up to these people instead of giving in to them all the time?”
Stevens said that he thought YAC were actually doing the right thing
in asking FMG for a better compensation deal or better negotiation
agreement than Eastern Gurrama: “I hope things go well for the
Yindjibarndi. They’ve got an opportunity to set things right. If the
Yindjibarndi people had of stuck together they could have had a good
chance of pulling this off, and it would have benefitted the whole lot
of us.”
— 12 —
The voice of Wayne Stevens joins many other Ngaarda voices that
have had bad first-hand experiences with FMG and Andrew Forrest,
including the Nyiyaparli, Goldfields Aboriginal people, Palyku, Marapikurrinya,
and the Jidi Jidi group.
Distressed at the split in Yindjibarndi and the conflict it was generating,
Stevens warned: “I think stress can kill you.”
A PRECIOUS SPARK FOR
A UNION OF PILBARA
NGAARDA
YAC appreciate the courageous stand of Wayne Stevens and the
support of all Pilbara Ngaarda. Such support for the Yindjibarndi
from Pilbara leaders promises the beginning of a new solidarity
between Pilbara Ngaarda of every nation. This is a precious spark
that we should encourage; a spark that we should pour fuel on to
fight unscrupulous mining companies and their expensive lawyers
– to fight fire with fire.
Along the lines of Nana Marnmu’s call for a proper Ngaarda bush
meeting to deal with mining attacks on culture and country, there
have been calls from several Pilbara leaders – Barry Taylor, David
Milroy and Michael Woodley to name a few – for the formation of
a PILBARA UNION of Ngaarda – an organisation that could share
information, and act collectively to deal with aggressive mining companies
like FMG, the Government; or in raising funds and mounting
court cases together that challenge the Native Title Act and WA
Heritage laws.
NGAARDA PILBARA UNION (NPU) – we will keep you
informed on how cross-nation discussion on this idea progresses.
WIRLUMURRA-FMG AGENDA
FALLS FLAT IN DECEMBER
MEETING
Remember this notice in the Pilbara News for a meeting last December
21st?

The day before this meeting, the man himself, Twiggy Forrest, flew
into town to personally rally his Wirlumurra followers. He promised
them a quick cash payout (the Agreement says $500,000), if these
Wirlumurra breakaways could win the day and get the Yindjibarndi
people as a whole to roll over and remove all objections to FMG’s
exploration and mining applications.
On the 21st this meeting went ahead and many members of both
YAC and WYAC gathered at the 50 Cent Hall. Wirlumurra lawyer
and CEO Ron Bower was supposed to facilitate this meeting.
At this meeting YAC highlighted just how dangerous and unfair the
proposed Agenda and the FMG Agreement were. YAC raised serious
questions about whose interests this agenda really served. When
presented with facts about some important facts about the FMG
Agreement and its implications, people in the hall, including supposed
members of Wirlumurra, were shocked. This meeting was the first
time many had been given clear information about what FMG and
Wirlumurra were doing, and what the serious, long-term cost would
be for Yindjibarndi.
At the end of the day, no motions were put and
no vote was taken on the above agenda, because
it was obvious the majority of Yindjibarndi people
in the hall did not support the FMG-Wirlumurra
agenda.
During this meeting Tootsie Daniel put some strong questions to Mr
George Ranger about who he was representing. She told him that
this was a Yindjibarndi meeting, and that he was not a Yindjibarndi. He
refused to giver her a straight answer in front of other people, all the
time saying “I’ll talk to you outside by ourselves”.
In what appeared to be a big vote of NO CONFIDENCE in Wirlumurra,
Chairperson of the Wirlumurra Yindjibarndi Aboriginal Corporation,
Maudie Jerrold, resigned from her position. It seems that
she, too, was not confident enough about the Wirlumurra agenda to
stick by the group?
The next day some Yindjibarndi, disappointed, misled and totally
confused, were asking where their money was?
WIRLUMURRA TURN THEIR
BACKS ON MEDIATION
PROCESS WITH YAC
Representatives of the Yindjibarndi Aboriginal Corporation (YAC)
and the Wirlumurra Yindjibarndi Aboriginal Corporation (WYAC)
met in Roebourne on Thursday (3 February 2011) to discuss the
formation of a joint YAC & WYAC Yindjibarndi STEERING COMMIT-
TEE. The aim of this mediation meeting between the two groups was
to try and achieve a united and the best possible Heritage and Land
Access Agreement with FMG (and other resource companies).
The Yindjibarndi Aboriginal Corporation welcomed this mediation
process, and hoped that Yindjibarndi people could all work together
as one to get the best result. But WYAC and their Lawyer, Mr Bower,
have decided to turn their backs on mediation! And so the opportunity
to get a united outcome has been wrecked.
This first meeting was a Yindjibarndi-only meeting (no lawyers or
FMG land access managers) with three YAC (Bigali Hanlon, Stanley
Warrie, Michael Woodley) and five WYAC members (Allery Sandy,
Bruce Woodley, Wendy Hubert, May Adams, Gloria Lee) attending. At
the request of both WYAC and YAC this meeting was mediated by
Brian Wilkinson, Chief Operating Officer of the Department of Indigenous
Affairs. His role as mediator was to make sure that each side
was heard fairly and discussions were conducted in a respectful way.
— 13 —
One aim of this mediation process was to form a Joint Yindjibarndi
Steering Committee of WYAC & YAC for Heritage and Negotiations
so that the many important concerns and issues about the
current Solomon Hub project and the current FMG Land Access
Agreement could be fully discussed and tested; and so that Yindjibarndi
could be unified on an Agreement with FMG.
YAC agreed to participate in the joint STEERING COMMITTEE,
because only Yindjibarndi unity will finally deliver the best possible
outcome – one that we can responsibly and confidently pass on to
our kids... and their kids!
But Wirlumurra would not commit. They said they would have to
run off to their lawyer, Mr Bower, and get his advice before they
committed to anything.
WIRLUMURRA ‘SHOOT THE
MEDIATOR’
Wirlumurra stopped this mediation process dead in its tracks
before it even started. It appears that the WYAC Lawyer, Ronald
Bower, has blamed the facilitator from the Department of Aboriginal
Affairs, Brian Wilkinson, for killing the mediation. After the first
and only meeting, at which Bower was not even present; and based
on reports that Wirlumurra people at that meeting took back to
Bower, he threatened to start legal proceedings against DIA, claiming
that Brian Wilkinson was biased against him and WYAC!
DIA and YAC reject this accusation of bias. Wirlumurra and Mr
Bower have effectively ‘shot the mediator’, or used this unfair
accusation of bias as an excuse to stop mediation so that they can
do their own separate deal with FMG.
Later, Bower dropped his baseless charges against Brian and DIA
as quickly as he made them. But this attempt to get Yindjibarndi to
work together remains broken. And Bower effectively ruined the
mediation. Mission accomplished!
This plays straight into FMG’s hands by making sure Yindjibarndi
remain ‘divided and conquered’, and is another example of how
Wirlumurra is acting against Yindjibarndi people for some quick
cash in their own pockets. And let’s not forget that Mr Bower’s
handsome fees are paid for by FMG – so this action by Bower,
which benefits FMG goals, might be expected.
AN OPPORTUNITY FOR
HEALING LOST
This mediation not only promised to bring Yindjibarndi together to
talk about the FMG Agreement, but also to discuss very important
Yindjibarndi sites that the Solomon mine threatens to destroy. The
mediation would also have helped us to work together to bring
home the bacon of EXCLUSIVE native title on the Yindjibarndi #1
Claim; and to address government with ONE VOICE.
YAC wanted to give this mediation process its best shot because it
might be our last chance to stop wasting time and money on conflict
and lawyers between Yindjibarndi, and instead turn our united
energies to positive community projects and aspirations.
We need to do everything we can to heal divisions and conflict
between families; to encourage friendship and stop in-fighting
and slander; to win the confidence of all our people; to record
and preserve and give life to our culture; to make sure Birdarra is
strong.
Now we have to face the terrible reality – If families are split over
negotiations with FMG, will this now lead to a split over CULTURE
and LAW?

CANCELLATION OF
WIRLUMURRA MEMBERSHIPS
BEGIN
Other are also losing confidence in the Wirlumurra group and are
voting with their feet.
Senior Yindjibarndi elder, Dora Solomon has cancelled her membership
of the Wirlumurra group. So have Steven Hubert, Russell Sandy,
and Billy King.
In their letter of resignation they state:
I do not want to be a member of the Wirlu-Murra Yindjibarndi
Aboriginal Corporation with the I.C.N. number 7483.
If I am registered as a member of that organisation then
this has been done against my will and knowledge and I
state that I want to resign immediately. If I have been listed
as a member then this has been done illegally without my
agreement. I have never intended to support the Wirlu-
Murra Yindjibarndi Aboriginal Corporation and I do not support
them in any way. I acknowledge that I understand and
agree with my statement above and my signature below
shows that I do not support or agree with my membership
of the Wirlu-Murra Yindjibarndi Aboriginal Corporation.
WIRLUMURRA WORKING
WITH FMG TO DESTROY
YINDJIBARNDI SITES
FMG has applied to the Minister of Indigenous Affairs for a Section
18. This is an application asking his permission to destroy Yindjibarndi
sites under the Firetail mine at Solomon Hub.
But before the Minister can act, this request to destroy Aboriginal
sites has to be put before the Aboriginal Cultural Materials Committee
(ACMC). This Committee is given the responsibility of carefully
weighing up all the evidence and making a recommendation to the
Minister about exactly what in the Firetail mine area is important
enough to save, and what can be destroyed by mining.
As a part of this Section 18 application FMG organised an ethnographic
survey at FMG’s Firetail Area, which was carried out by
David Raftery on 3rd and 4th November 2010. The purpose of this
survey was to identify any ethnographic sites that might be located in
this area, and to record any additional cultural information about any
archaeological sites.
The following people participated in this ethnographic heritage survey
at Firetail:
1. Julie Stephens
2. Berry Malcolm
3. Wendy Hubert
4. Bruce Woodley
5. Sylvia Allan
6. Maudie Jerrold
7. David Jerrold
8. Mark Horace
9. Calvin Jerrold
10. Jimmy Alberts
— 14 —
THE BEST SURVEYS FMG’S
MONEY CAN BUY!
This survey team was supposed to look at 25 sites including places
where the Pebble Mouse made its mound and where grinding
stones were found, they visited many overhangs and caves where
our old people sheltered. At the back of some of these they saw
where the old people had stacked up rocks to block holes where
they stored things for safety; shelters where their grinding stones
still lay! And they saw places where the old people made their
stone tools and where these still lay on the ground.
And what, for their $500 per day fees did these Wirlumurra heritage
survey people have to tell Raftery about all these places
About virtually all of the places visited Raftery writes in his report::
About a rock shelter and walled niche that was on their list from
previous surveys, Raftery wrote in his report: “The actual Walled
Niche was not located during the survey; however, custodians visited an
area that very closely approximated this area. The survey team made it
clear that they knew of nothing in this particular area that ethnographic
significance should be ascribed. It was instructed by the survey team that
no additional ethnographic significance should be attached to any of the
previously recorded archaeological data for this area.”
– They did not even visit the site!
So at the end of his report, on the basis of the information (or lack
of information) given to him by these people, Raftery was happy
to conclude that because all the sites visited were deemed to have
absolutely no ethnographic significance in the eyes of his “Senior
Yindjibarndi participants”, and because they raised no objections to
FMG lodging a Section 18 application(s) over the area, that FMG’s
Section 18 application covering Firetail should go ahead.
For FMG these “No comment recorded” surveys must be the best
surveys money can buy. These ten Wirlumurra people were paid
$500 per day for two days and in return FMG can now claim the
area has no ethnographic significance in support of their Section 18
application to bulldoze our sites (except for a few coloured ribbons
around things) – for a mine worth billions of dollars.
What a bargain! The Wirlumurra lack of
knowledge and eagerness for their cash survey
fees is a very valuable thing for FMG – but it
is a THEFT from the body of the Yindjibarndi
people by both the Wirlumurra and FMG – it is
the THEFT not only of culture and country, but
the possibility of a fair Agreement.
NOTE that these $500 per day ‘handouts’ are a hypocrisy on Mr
Forrest’s part, and make his philosophy of giving Aboriginal people a
‘fishing rod and not a fish’, a bad joke.

WHAT FMG-WIRLUMURRA
CAN’T SEE, OR NEVER
LEARNED
In the body of this country the Maarga left to us, and which FMG call
Firetail – but its name is not Firetail, it is Ganyjingarringunha – our
old people carefully put away the bones of their families in the caves
and the muji; there are special places Birdarra Lawmen must visit
to ask permission to take (be given) the sacred ‘objects’ they need;
there are thalu where our ancestors asked for honey... for life; there
are quarries under overhangs where we, in the footsteps of our
ancestors, can find all the ochres we need to paint up; we can follow
creeks and rivers – wundu – that lead us along pathways back to
creation. Please read elsewhere in this newsletter for more detailed
‘ethnographic’ information about this country that FMG want to rip
up, but for now, just think about– the Pebble Mound Mouse – because
the Wirlumurra elders won’t tell you anything about it, because
they either don’t know or will not say anything about it.
This information about Gurdi, the Pebble Mound Mouse, was told to
us by Ned Cheedy.
Gurdi is sung in the Burndud. The words are:
Gurdi thulma thulma
Gurdi wirri thalayi
Gurdi thulma thulma
Mouse awareness in the eyes
Mouse moving in the night
Mouse awareness in the eyes
In the Ngurranyjunggamu times (when the world was
soft) Gurdi was travelling through the Yindjibarndi
country, and as Gurdi travelled he heard the passionate
singing of the Gurdi Burndud song. Gurdi was
attracted and captivated by the song and now Gurdi
is everywhere in the Yindjibarndi country making his
home. The Yindjibarndi sing this Gurdi Burndud every
year in the Burndud song cycle when young boys are
put through Yindjibarndi Birdarra Law.
Now we face the clear and present danger that Gurdi places will be
overcome by FMG mines, and all the traces of our old people will be
wiped out – and this all because of the actions of a few Yindjibarndi
who know nothing about the significance of these places for Law;
who have no heart, no wirdard for country, for our deep culture.
Shame on those Yindjibarndi giving evidence against the interests
of our people, for the sake of quick cash in their pocket from FMG.
There is a verse in the Bible that speaks of this:
They must be silenced, because they are
turning whole families away from the truth
by their false teaching. And they do it only for
money. (Titus 1:11)
— 15 —
Gurdi mound – home of the pebble mound mouse.

BIG TEST OF WIRLUMURRA
CULTURAL KNOWLEDGE TO
COME IN TRIBUNAL AND
COURT
FMG applied for two more exploration licenses and a 4th mining
lease in the Yindjibarndi #1 claim area for its Solomon Hub project
some time ago. But now, because the majority of Yindjibarndi will not
accept their bad Agreement, FMG have asked the National Native
Title Tribunal to hurry these applications through – this is called
EXPEDITED PROCEDURE.
Ned Cheedy and Others, on behalf of the Yindjibarndi people, will be
objecting to the grant of these exploration licenses and mining lease
especially because of the deep importance of the lands surrounding
Ganyjingarringunha.
This land is very important for the Gariwinyji and the Buthurnha ngurrarangarli
in the practice of their Birdarra Law responsibilities and the
gathering of the right ‘objects’ for their Law each year. They must go
to this country for their galharra and feel the spirit of that country
– “Buyawarri” – to ‘be given’ these ‘objects’. In his statement to the
Tribunal, Michael Woodley tells what his grandfathers taught him:
“...what needs to be understood is that this is not
just a fly in and fly out thing. You have to camp
there, and you have to sing the songs until you
put yourself in the country, become one with it,
so that you are “Buyawarri” - dreaming with the
country. The knowledge is not something you can
learn, it is something that is given to you. Some
people can do Law for a long time and never
get the knowledge, but then, for some, the mind
opens and the knowledge comes through.”
Speaking through his grandfathers, Michael Woodley stressed in his
evidence that the basis of, and the proper practice of this knowledge
within the living country, was vitally important for Yindjibarndi
boys going through their initiation ceremonies; that it was knowledge
they could only learn with the guidance of senior Yindjibarndi
Lawmen; and that it was this connection between young
men, the elders that taught them, and living country
that helped Yindjibarndi young men steer clear of the grief and grog
and drugs, of avoiding an early death or wasting away in prison; it was
these relationships that would make them complete, that would help
to give them direction in life. This was exactly why, Woodley said, the
continuation of Birdarra Law ceremonies and their rootedness in
living country was so important to his Grandfathers – because if
Yindjibarndi lost this passionate connection with country, Law would
become meaningless!
This is the reason why many Lawmen and the majority of Yindjibarndi
do not want to accept the terms of FMG’s offer for a whole-of-country
Agreement. This is why they are fighting to protect their country.
Now FMG is working together with Ron Bower of Corser & Corser,
who are Wirlumurra’s lawyers, to provide FMG with affidavits that
say the evidence YAC, on behalf of the majority of claimants, has
presented to challenge FMG and protect country, is not truthful
– these Wirlumurra affidavits are saying that the knowledge for Law
and culture for this country that has been passed down from Ned
Cheedy, Yilbi Warrie, Kenny Jerrold, Johnny Walker, Woodley King,
Darcy Hubert, Alec Ned, Allan Jacob and others, and which Michael
Woodley describes in his affidavit, is a lie.
— 16 —
Those Wirlumurra who are making affidavits to the Native Title
Tribunal against Yindjibarndi Law and culture and for FMG’s
benefit are:
1. Ricky Sandy
2. Stephen Adams
3. Barry Phillips
4. Bruce Monadee
5. Bruce Woodley
6. Clifton Mack
7. Francis Phillips
8. Jimmy Horace
So these Wirlumurra men and women will be tested on the truthfulness
of their knowledge for all that country around Ganyjingarringunha.
They will be tested against the knowledge handed down
through Ned Cheedy and others about the roots of Birdarra and
its proper practice. They will be questioned in the witness box of
the Native Title Tribunal. YAC and the majority of Yindjibarndi claimants
welcome this test. It is about time.
These Wirlumurra men and women will now be forced to back
up their claims – they will have to do better than “No comment
recorded” and “no ethnographic significance”. But what else can
you say when you never learned of the old people when they were
here with us?
WIRLUMURRA CLEARING
COUNTRY THAT DOESN’T
BELONG TO YINDJIBARNDI!
It is bad enough that Wirlumurra people are giving away country
that belongs to the Yindjibarndi people – but they have also
been busy earning pocket money by clearing other
people’s country. In another survey titled “Report of a Section
18 Ethnographic Survey and consultations regarding archaeological
sites at FMG’s Solomon Rail Wedge”, Wirlumurra once again
advised anthropology and heritage consultant, David Raftery, to
report:
The “Senior Yindjibarndi participants” who
advised Raftery for this report were:
1. Berry Malcolm
2. Clifton Mack
3. Mavis Pat
4. Tricia Pat
5. Aileen Sandy
6. Wendy Hubert
7. Bruce Woodley
9. John Sandy
10. Ken Sandy
11. Aileen Sandy
12. Sylvia Allan
13. Mavis Pat
14. Julie Stevens
15. Diana Smith
16. Berry Malcolm
This country in FMG’s Solomon Rail Wedge does
not belong to Yindjibarndi.
In 2007, after reviewing the Yindjibarndi #1 claim boundary for
the Yindjibarndi #1 Connection Report with our most senior and
most knowledgeable elder, Ned Cheedy, YAC met with the Office
of Native Title (ONT) and informed them that that an error had
been made when the Yindjibarndi #1 claim was lodged by the PNTS

– specifically that the eastern boundary of the claim went beyond the
eastern boundary of traditional Yindjibarndi country. YAC told the
ONT that this error would be modified in due course. Unfortunately,
our limited resources have not yet permitted us to do this.
So the country that was surveyed by FMG and members of the
Wirlumurra for the “Solomon Rail Wedge” section 18 Application
does not fall within the traditional boundary of Yindjibarndi Country,
and YAC has withdrawn its objection to the section 18 Application
made by FMG in respect of the “Solomon Rail Wedge”. This country
belongs to either the Kariyarra or the Palyku people, and YAC have
suggested to the DIA and ACMC that they consult with both of
those groups. YAC has also written to the chair of the Palyku, David
Milroy, and to Kariyarra representatives, the PNTS, and informed
them of this unlawful action by Wirlumurra and FMG.
The senior Yindjibarndi Law Bosses, and the Yindjibarndi People,
extend our deepest apologies to the Kariyarra and Palyku nations
for the actions the Wirlumurra Group who took it upon themselves
to speak for someone else’s country. If FMG had properly consulted
with the named applicants on the Yindjibarndi #1 Native Title claim
this dreadful breach of protocol could have been avoided. As it stands
FMG has chosen to disempower the legitimate Yindjibarndi Native
Title Party and pay the Wirlumurra breakaways to do its dirty work.
For the record, Yindjibarndi people should know that others, besides
those listed above, have also been cashing in on Wirlumurra ‘breakaway’
surveys:
1. Barry Phillips
2. Mark Horace
3. Donna Willis
4. Rosanne Mather
5. Evan Phillips
6. Jill Tucker
7. Bruce Monadee
COWARDLY & CARELESS
ATTACK ON YAC BY
WIRLUMURRA LAWYER, RON
BOWER
ON 28 January 2011, Ronald Bower wrote an aggressive letter full
of lies, accusations and misinformation to YAC. It is worth revealing
what is in Bower’s letter, because all our members should be aware
of how Wirlumurra are using their Lawyer to attack our people and
our Yindjibarndi interests.
Like a dirty sportsman, Bower plays the man, not the ball.
Instead of respecting the decisions that YAC make as an organisation,
Bower tries to blame everything on one man – Michael Woodley. In
targeting Michael, Bower, on behalf of his Wirlumurra clients, tries to
pretend there is no such organisation as Yindjibarndi Aboriginal Corporation
– which has the overwhelming majority of signed up Yindjibarndi
members, a board of directors, an Executive Officer, solid
secretariat support and a legal team – all fighting for the future, not a
quick dollar in the pocket. YAC is a strong and durable organisation,
with a board that is active in decision-making and a membership that
is given the chance to vote on all major decisions – including whether
to challenge FMG in the Federal Court!
Mr Bower lies when he claims that that decisions at YAC are made
by just one person. Targeting Michael is a dishonest and gutless tactic
that purposefully ignores the fact that YAC’s policies and decisions
are solidly supported by its loyal and thinking membership; and
grossly insults the roles of Yindjibarndi leaders and members like Ned
Cheedy, Dora Solomon, Thomas Jacob, Stanley Warrie, Alum Cheedy,
— 17 —
Bigali Hanlon, Tootsie Daniel, Rosemary Woodley, Jean Norman,
Rosie Cheedy, Pansy Cheedy, Kaye Warrie, Michael Woodley, Angus
Mack, Lorraine Coppin, Wendy Warrie, Joyce Hubert, Doreen
Warrie, Gabriel Cheedy, Jolene Warrie, Lyn Cheedy, Esther Pat,
Judith Coppin, Margaret Kennedy-Reid, Middleton Cheedy, Hayden
Woodley, Russell Sandy, Leslie Walker, Curtis Lockyer, and the list
should go on... Michael Woodley simply gives voice to YAC policies
and decisions as an organisation – and so when Wirlumurra and
Bower slander Mr Woodley, they slander our whole organisation.
Look at how Mr. Bower tries to build this lie in his letter:
First he says that the case being presented to the National Native
Title Tribunal and the Federal Court of Australia are only Michael
Woodley’s “dealings”, and that these are only “ostensibly on
behalf of the Yindjibarndi No. 1claimant group”. Well they are not
“ostensibly” on behalf of the Yindjibarndi #1 Claimants and they
are not just Mr Woodley’s “dealings”. They are the considered and
legitimate position of the YAC and the majority of Yindjibarndi #1
Claimants, and any suggestion that they are not is libellous.
Then Bower claims that the Wirlumurra Yindjibarndi he has
spoken to say that Michael Woodley is “in sole control of the
Yindjibarndi native title claim”. He says they “complained that Mr
Woodley refused to consult the members of the claimant group in
any proper manner or at all”. This is rubbish! Majority votes have
repeatedly been held to decide on issues of policy at YAC.
The total failure of the meeting in the 50 Cent Hall last December
where Bower and FMG-Wirlumurra tried to get Yindjibarndi to
roll over to the FMG Agreement, should have made it obvious to
Mr Bower that what Wirlumurra were telling him about Yindjibarndi
opinions was exaggeration and self-serving lies.
Bower then suggests that Mr Woodley keeps all matters to do
with dealing with FMG and native title in his own exclusive control
and uses “assaults and threats” on people who want to do a deal
with FMG. Mr Bower and Wirlumurra should be aware that matters
to do with native title and FMG’s aggressive approach do not
need “assaults” or “threats” to get the support of the majority of
Yindjibarndi. It is the disrespect, the bullying and the ‘divide and
conquer’ tactics of FMG that have united the majority of Yindjibarndi
against the current FMG Agreement proposal.
The only thing keeping Wirlumurra alive is FMG’s money and the
spite of certain members of Wirlumurra against Michael Woodley!
The tragic ‘tall poppy syndrome’.
Then Bower writes that his Wirlumurra clients complain that “Despite
requests, they could not obtain information from Mr Woodley
as to what he was doing in the negotiations” and “they could
see no sign of progress in the dealings with FMG”. They complained
that they were “denied input”, “denied information”. This
is a very strange accusation, considering that all other Yindjibarndi
who bothered to come to meetings and who kept their ears open
were fully informed about what was happening, and time-and-again
reconfirmed their support with majority votes in favour. As they
say, you can lead a horse to water, but you cannot make it drink.
Bower wrote that the Wirlumurra Yindjibarndi wished to take
away from Mr Woodley “his sole control of the group’s dealings
with FMG” – and give it to who? Allery Sandy and Ron Bower?
Again, Mr Bower will be disappointed to know that “dealings with
FMG”, particularly YAC’s challenge of FMG’s conduct and their
mining plans, are NOT A ONE-MAN DECISION, but wholeheartedly
approved by all the YAC directors, the majority of Yindjibarndi
#1 Claimants, and the Yindjibarndi membership.
Statements by Bower on behalf of Wirlumurra to the effect that

Woodley “was resolutely committed to his exclusive, non-consultative
course reinforced by threats, intimidation and actual violence and that
they could not persuade him to change his ways” – distort the truth
by refusing to acknowledge the YAC membership and its collective
decisions. This is a cowardly and bloody-minded tactic by Mr Bower
aimed purely at destroying Michael Woodley’s leadership.
Both Bower and Wirlumurra should understand that playing the man
will not work, because there are many strong and intelligent Yindjibarndi
men and women alongside Woodley.
Bower’s letter claims that Wirlumurra members are “unhappy to have
been excluded from the decision-making process of their claim business,
including in relation to the negotiations with FMG”.
The truth is that Wirlumurra members have excluded themselves
from the process. At the meeting where representatives of the Native
Title Tribunal came to talk to YAC members in August 2010, members
of the Wirlumurra group, when they found that they were in the
minority, clearly and publically stated to all the membership gathered
there that they did not want to be a part of YAC anymore and wanted
to form their own group. Wirlumurra members have never been
excluded from the decision-making process – Wirlumurra just cannot
accept that the majority of Yindjibarndi disagree with them.
Bower goes on to say “Authorisation is a crucial issue in native title
business”. Yes, Mr Bower, it is the absolute core on native title business
and Yindjibarndi tradition! And the statements by Executive
Officer Woodley on behalf of YAC not only have majority support
of YAC membership, but majority support of the Yindjibarndi #1
Claimants – Ned Cheedy, Thomas Jacob, Alum Cheedy and Michael
Woodley. That is his ‘authorisation’.
It must be clearly said here, that the most knowledgeable and senior
of all Yindjibarndi people – Ned Cheedy, stands with this majority of
Yindjibarndi and with Michael Woodley. Old Cheedy is the man who
carries by far and away the most information about the country FMG
wants to mine. His “Authorisation” must stand for something!
Mr Bower then says that there are people in the breakaway group
to whom Woodley should be “deferring due to their seniority”, and
that the fact that he was not “deferring” to these Wirlumurra people
showed the “defective nature of his authorization”. Well Bower and
Wirlumurra should also be aware that Woodley must follow the
direction of his YAC elders, his YAC directors and majority YAC membership,
because YAC must work for the majority of its membership,
not a breakaway minority. This is the way legitimate organisations are
run. Not according to the wishes of a few sulky people who pick up
their bat and go home – that is, people who do not want to follow
due process.
NOW COMES THE TWIST –
BOWER ADMITS HE MIGHT BE
WRONG
After his weak attack on Michael Woodley and YAC, Mr Bower states
that the approach to negotiations with FMG that Michael Woodley
was leading, “was and is trying to get far better terms from FMG as to
its use of Yindjibarndi land”.
Bower also admits that Corser & Corser’s own experience of negotiations
with FMG on behalf of the Eastern Gurrama “was very slow
and frustrating, with FMG being committed to what our clients
and we considered at the time to be mean-spirited
terms”. Bower also admitted “no matter what legitimate
tactics the Eastern Guruma native title holders used, it
was apparent that FMG would not move from its chosen
negotiation position”.
— 18 —
How can there be “negotiation” when a mining
company like FMG uses their power to not
negotiate?
Bower then says there is no hope of Yindjibarndi getting a better
Agreement with FMG. He is telling Wirlumurra that IT IS NOT
WORTH TRYING for a better Agreement. His reason for this is
that Native Title (and other) laws limit traditional owner rights,
so that even if the Federal court decided in favour of Yindjibarndi
and against FMG, no one could force FMG to accept terms put by
traditional owners.
But then Mr Bower admits that his opinion might be wrong – that
the advice he is giving to the Wirlumurra breakaways might be
wrong – He says “It is possible that Mr Woodley’s [that is, YAC’s]
approach to the Yindjibarndi #1 group’s negotiations with FMG will
deliver a better outcome than we think they will”.
Bower admits that YAC’s strategies in dealing with FMG may yet get
positive results because they will cause delays to FMG’s operations
and so encourage them to agree to YAC’s terms, and so attain an
‘acceptable’ deal from FMG.
He also admits that YAC’s case against FMG’s mining tenements in
the Federal and High Court [if it comes to that], if successful, could
have the effect of winning public and political support for Yindjibarndi,
putting pressure on FMG to offer better terms.
But still, in the end Bower’s advice to
Wirlumurra is that there is no hope - it’s not
worth trying - and Ngaarda should all roll over
and take only what FMG and the Government
decide to give! THIS SUMS UP BOWER’S AND
WIRLUMURRA’S SPINELESS AND LOSING
ATTITUDE.
This is not the Yindjibarndi way.
BOWER ADMITS
WIRLUMURRA WANT TO
ACCEPT A “VERY POOR”
LEVEL OF FINANCIAL
BENEFITS
When Mr Bower and his clients, the Wirlumurra, admit that there
might be good reasons to fight for, and a possibility of success in
fighting for a better and fairer agreement with FMG – but then
say it is not worth trying all possibilities – you have to get worried
about their motivations.
Of course Mr Bower can never lose while his fees are being paid
by FMG. And a few of the Wirlumurra group, while they are getting
paid by FMG, might think they are ahead while money is coming
into their own pockets.

But questions about their motivation and judgement become even
more worrying when Bower says that Wirlumurra are willing to “a
comparatively very poor level of financial benefits to
them in terms of compensation or payments in the
nature of royalties”, in return for an FMG promise of “training,
employment and business development” – things that can only be
promised and NOT guaranteed!
Financial benefits like Royalties CAN BE
GUARANTEED by contract – that is why YAC are
insisting that these are in the backbone of a fair
Agreement.
Even while Bower and Wirlumurra know that YAC’s actions come
from the YAC directors and through the votes of the majority of YAC
members; and even while they know and accept that legal advice to
YAC comes from a highly respected native title lawyer, Wirlumurra
say over and again that they are splitting up the Yindjibarndi because
“they have no confidence in Mr Woodley”.
Is the Wirlumurra group simply a “get Michael
Woodley group”?
Mr Bower of Corser & Corser says that his firm will help Wirlumurra
do an agreement with FMG based on terms “which the
Wirlumurra members have already agreed in principle with FMG”.
Most Yindjibarndi do not know what the terms agreed between
Wirlumurra and FMG are because Wirlumurra and Bower are in fact
denying “input” to the majority of Yindjibarndi and denying “information”
to Yindjibarndi.
Whatever these terms are [if they are different than the draft Agreement
leaked to YAC by a Member of Parliament], they have never
been discussed with or put before the Yindjibarndi people as a whole.
This is dishonest and wrong. This is corruption of process.
Bower claims that he acts for a Wirlumurra membership totalling in
excess of 200 people. This is just a claim. Bower presents no proof of
the Wirlumurra membership. By contrast, the Office of the Registrar
of Indigenous Corporations (ORIC) lists only 33 Wirlumurra members,
and some of these are disqualified because of their membership
to other claimant groups; and still others have resigned their
membership (in writing) after discovering what Wirlumurra were
really doing.
Wirlumurra and Bower must understand that we are a nation totalling
some one thousand and more people, and the FMG-Wirlumurra
push to do a quick deal with FMG in no way represents the will of
the people.
Wirlumurra’s and Bower’s so-called representation of Yindjibarndi
is also grossly biased by the fact that they are both being paid by
FMG. Nowhere in the normal Wybella business world would it be
considered proper that lawyers and representatives of one negotiating
party are paid by the dominant party one is negotiating with. This
is called “conflict of interest”. How come these Wirlumurra Ngaarda
fall for it?
Wirlumurra’s willingness to do a “very poor”
agreement with FMG is very short-sighted and
foolish.
There is nothing tried and nothing gained from
the Bower/Wirlumurra strategy.
If Yindjibarndi follow Wirlumurra, we will never
know if we could have done better. We would
have learned nothing.
— 19 —
ALLERY SANDY MAKES
HERSELF A LIAR WHEN
SHE SAYS EVIDENCE TO
FEDERAL COURT IS LIES
Outside the Juluwarlu office on December 16 Allery Sandy made
the accusation that the evidence Michael Woodley was giving to
the Federal Court about the traditional and sacred Yindjibarndi
culture at Ganyjingarringunha (under the Solomon mining leases)
was lies.
When she makes this allegation, Allery is saying that the Law and
culture passed on to Michael Woodley and others by elders such
as Ned Cheedy, Yilbi Warrie, Kenny Jerrold, Johnny Walker, Woodley
King, Darcy Hubert, Alec Ned, Allan Jacob and others – Is lies!
Information about how to go into that Ganyjingarringunha country
each year to ask for the sacred ‘objects’ for initiation ceremony;
and to sing that country in ceremonies to keep it alive. Yindjibarndi
culture and history teaches us that right in the middle of FMG’s
Solomon mines development, on the Ngarrli side of the Ganyjingarringunha
Yaayu Wundu, Lawmen have to go to collect these
sacred things for the Garimarra and Balyirri boys from Garliwinyji
Ngurra. This is the only Ngurra in the Garliwinyji Ngurra where
the proper ‘objects’ for those boys can be found. Minkala put these
‘objects’ in the country for Law ceremony – these ‘objects’ being
the only ones Maarga said we are allowed to use in ceremony for
Garimarra and Balyirri boys from Garliwinyji Ngurra. Yindjibarndi
knowledge-carriers explained to the Native Title Tribunal and the
Federal Court that each generation of Lawmen have to go to the
east side of Ganyjingarrungunha Wundu to search for ‘objects’
they need for Garimarra and Balyirri boys. It was a big shame, they
said, to come back to the ceremony at Woodbrook without such
‘objects’. They explained that Lawmen had to talk to the country,
to feel it deeply in their spirit, and ask it to show them the sacred
things they needed. Only the country would show them where
these things were.
GAMBULANHA IS LIKE A
BRAIN
Yindjibarndi gave evidence saying that each of the Ngurra for each
of the galharra has its own spiritual energy, which is very powerful,
and that each Ngurra holds the spirits of our ancestors who belonged
to there. Yindjibarndi explained how these spirits look after
us and help us; but can also hurt us if we disrespect our Ngurra.
If these spirits are angered, the boy going through Law can be in
great danger too.
More recently evidence has been presented about how initiated
Yindjibarndi men must show their face to the ‘face’ of the
Gambulanha mountains – and how they must discover the key to
Yindjibarndi knowledge in Gambulanha – where they can find the
true reflection of Yindjibarndi-self. Yindjibarndi Lawmen explained
to the court how the heart and spirit of Gambulanha sang and
spoke its knowledge; cast its ‘eye’ over everything; opened its ear
to everything that the birds, plants, animals and the Ngurrarangarli
were saying. They said that Gambulanha was like a brain that responded
to all Yindjibarndi movements on country and set in train
all sorts of unanswerable ‘natural’ events.
Yindjibarndi Lawmen also explained the Yulbirirri Thurru ritual in
which the grandfather showed Birdarra initiates to the spirits of
our country, and opened him to Yindjibarndi religious knowledge
that flowed out of the mountains. The Yulbirirri Thurru ritual
makes the young man and country one, so that he is accepted by
all the elements of the country as a Binrri (man).

All Yindjibarndi know that they are Ngurrara for country, and if something
happens to their country that is wrong under Yindjibarndi Law,
they will suffer; the country will grab them.
All Yindjibarndi know that according to Birdarra, all Yindjibarndi people,
Yindjibarndi language and Yindjibarndi country are not separate
things, but related parts of one thing called “Yindjibarndi”, which has
existed since the creation time of the Ngurranyujunggamu. This is
why Yindjibarndi Ngaarda must look after Yindjibarndi country. If they
fail in this responsibility then they will suffer, because for Yindjibarndi,
their country is alive and connected inside them, and it can grab any
Yindjibarndi in a way that makes them very sick – like being pulled
down into the ground.
All Yindjibarndi Ngaarda know that the Marrga creation spirits remain
in Yindjibarndi country, in our rivers, creeks, springs, and hills; and that
they see and feel everything that happens. This is why it is essential for
us to continue to practice our religious beliefs, rituals and ceremonies
– to look after country by maintaining its heartbeat and energy - the
Birdarra.
Yindjibarndi gave evidence about the Maliya (honey) Thalu near FMG’s
operations, and how this Thalu must be worked by men from the
Bananga and Burungu Galharra groups using ochre especially from the
quarry that is located under FMG’s proposed mine. If FMG is allowed
to use the tenements in the way that it wants to, there will be no
ochre left at that place and we will not be able to work the Maliya
Thalu.
FMG have accused the Yindjibarndi People of trying to use Yindjibarndi
heritage as leverage for commercial gain, and now Allery Sandy is
saying that Yindjibarndi Ngaarda are lying about the culture in that
country!
FMG and the Allery Sandy gang are wrong.
If the Wirlumurra gang knew their Law they would have been able to
tell the Archaeological consultant working for FMG at least something
about the ethnographic knowledge for the ‘Firetail’ country at
Ganyjingarringunha.
It is very hard to lift the spirits of the Yindjibarndi Ngaarda by maintaining
Yindjibarndi Law and culture, and at the same time having to
fight with developers like FMG as well as members of our own community
who have no respect for our Law and culture and are helping
to destroy our sites, rivers, trees, hills – our Yindjibarndi heart.
Yindjibarndi Ngaarda don’t expect FMG, the Government, or Allery
Sandy and the Wirlumurra Yindjibarndi to believe what we believe, but
we do expect them to respect our religious beliefs.
Our old people and the Marrga still occupy our country. They are
watching us.
— 20 —
HOW FMG USES NATIVE
TITLE TO GET AROUND
PROVISIONS OF THE MINING
ACT & HAS GAINED A
STRANGLE HOLD OVER
YINDJIBARNDI COUNTRY
While Yindjibarndi Native Title has not brought justice or prosperity
to our people, FMG are doing very nicely out of native title
legislation. Some very clever people in FMG have worked out that
they can hold on to all their exploration leases that are under native
title claim for limitless amounts of time. This is how FMG turn
the game to their advantage:
Under the WA Mining Act mining companies are not allowed to
hold on to exploration licences for extended periods of time
without doing exploration. The Mining Act requires the holder of an
exploration licence to spend money each year on its exploration
program, and makes them give up parts of the licence area every
few years if they do not undertake development. This gives other
miners a fair chance to apply for licences to explore for minerals in
that area. In this way the Mining Act is supposed to prevent explorers
like FMG from locking up land against other explorers.
Shortly after the Yindjibarndi lodged the Yindjibarndi #1 claim, in
July 2003, FMG started applying to the Department of Mines for
exploration licences in Yindjibarndi country. It lodged 20 exploration
licence applications between October 2003 and October 2006
in the Yindjibarndi #1 Claim alone. FMG subsequently got three of
those licences granted. The rest have remained “locked up” in the
native title system (for periods of up to and exceeding 7 years).
So, simply because they have an exploration licence application
lodged in a particular area, the WA Mining Act will give FMG priority
over the grant of Exploration Licences for that area; and then will
them the exclusive right to apply for a Mining Lease in that area.
So then, BINGO – when FMG wants to exploit those leases, they
just trigger the so-called “right to negotiate” procedures under the
Native Title Act in order to “unlock” a particular lease and move it
into mining – and this with all the help in the world from the State
Government.
This is the process FMG has triggered for its fourth mining lease
application, which about to go before the Native Title Tribunal for
Expedited Procedure.
With the cooperation of the State Government, this strategy has
achieved two outcomes for FMG. Firstly, it has given FMG a virtual
monopoly over mineral exploration in more than 2,500 square
kilometres of Yindjibarndi country, and a monopoly over the mining
of all the iron ore resources in that country. This has given
FMG a strangle hold on Yindjibarndi country!
Secondly, it has saved FMG lots of money - because it has allowed
FMG to avoid the annual rent and expenditure requirements of the
Mining Act; and let them get around the provision whereby they
would have to give up parts of their leases every year.
The terrible consequence for Yindjibarndi in this, is that no other
mining company can get in – no other mining company like Rio
Tinto, for example, with whom we could do an agreement 10 times
better, and which could bring real long-term benefits to our people.
It’s a win-win situation for FMG – and a lose-lose situation for
Yindjibarndi and other more honest mining companies.

OTHER NEWS
SBS-TV RECORDS
ROEBOURNE STORIES FOR
“LIVING BLACK”
Jennifer Curtis was in Roebourne during the week 14-20 February.
She filmed three stories:
1. A story about the negligence by State Government in denying
proper support and assistance to Cheeditha for their housing and
infrastructure. You can hear her first news report, called Remote
Indigenous housing: a view from Cheeditha, on the SBS web site:
http://www.sbs.com.au/podcasts/naca/world-view/episode/145247/Remote-Indigenous-housing-a-view-from-
Cheeditha)
A longer video report on Cheeditha, including interviews with
Cheeditha residents and footage of the housing conditions, will be
shown on SBS’ Living Black on Sunday 20 March 2011 at 4.30pm.
2. The second story Jennifer filmed was a profile of Ned Cheedy
that describes his extraordinary Yindjibarndi oral history work with
Juluwarlu Aboriginal Corporation. Ned gave a deadly interview to
Jennifer with his daughter, Rose, interpreting for the SBS audience.
3. And finally, Jennifer told the story of the split in Yindjibarndi over
the FMG Solomon project. She interviewed members of the Yindjibarndi
Aboriginal Corporation including Pansy Sambo, Thomas Jacob,
Michael Woodley, Lyn Cheedy and Lorraine Coppin. And for the FMG
side she interviewed Wirlumurra representatives including Bruce
Monadee, Dianna Smith, Bruce Woodley and Berry Malcolm; and Blair
McGlew, FMG’s boss for Aboriginal land access.
YAC members were very clear and strong about the poor conduct of
FMG; they told of the deep upset FMG’s tactics were causing in the
community; and vowed to fight for justice and an honest Agreement.
The Ned Cheedy story and the story of the Yindjibarndi split and
FMG’s conduct will be screened on Living Black the week after the
Cheeditha story, on Sunday 27 March 2011 at 4.30pm
— 21 —
SBS journalist, Jennifer Curtis, undertaking research with
Thomas Jacob, Angus Mack and YAC barrister, George
LIVING BLACK
Sundays at 4.30pm SBS One
Repeated Mon 5.30pm, 12.30am SBS One
Tue & Fri 3pm SBS One
Mon 6pm SBS Two
Irving
Jennifer Curtis interviewing Rose Cheedy for SBS program
“Living Black”

THE YINDJIBARNDI CASE
AGAINST FMG GROWING
STRONGER
Yindjibarndi have challenged the decision of the Native Title Tribunal
and a single judge of the Federal court for allowing the mining leases
granted to FMG for the Solomon Hub to stand. We are now waiting
for the judgement of the FULL BENCH of the Federal Court regarding
our appeal.
The case Yindjibarndi put before the judges breaks new ground in
Australian native title law. It goes beyond the limitations of the Native
Title Act to the Constitution Of Australia where we are seeking respect
and recognition for Yindjibarndi to freely practice their religion
in connection with the ngurra that is its foundation.
FMG is now asking the Government for another two exploration
leases and another mining lease, and Yindjibarndi Aboriginal Corporation,
on behalf of the majority of named claimants, will once again put
its objections to the Native Title Tribunal and the Federal Court if
necessary. But this time our case will be stronger than ever.
Through all these court cases YAC and our legal team have been
learning better how to present the arguments for proper respect of
Yindjibarndi culture and Law, and in particular, how our rights should
be protected by the Australian Constitution and its decree that all
people in this country must be free to practice their religious beliefs.
FMG and the State Government are trying to crush this freedom. But
the Australian Constitution is a law that comes over both the State
Government and FMG.
We will keep you posted on the next round.
NED CHEEDY – THE NEXT
EDDIE MABO?
This push by Ned Cheedy and the Yindjibarndi people into new areas
of Wybella law in the defence of their country and their beliefs, follows
the path that Eddie Mabo and his people took.
These fights are never easy. Mabo failed in every court except the
High Court of Australia. As so many of our friends and supporters
have encouraged us, we have to be determined and courageous and
never lose sight of our elders, and hold to our love of Yindjibarndi
ngurra, and to our deepest beliefs.
If the Federal Court or the High Court of Australia recognise
Yindjibarndi rights to freely practice our religious beliefs in connection
with the ngurra that is its foundation, then Ned Cheedy’s name
will go down in history alongside that of Eddie Mabo as someone,
who with his people, fought to strengthen the rights of all Ngaarda in
Australia.
FULL STEAM MOVING AHEAD
WITH YINDJIBARNDI #1
CLAIM:
The Yindjibarndi #1 Claim has been in preparation for several years
now. YAC have been dealing with the State Government to try and
reach a CONSENT DETERMINATION – that is, without having to
go to court. But the State Government has been dragging its feet. It
does not want to consent to EXCLUSIVE Possession Yindjibarndi native
title for parts of the Yindjibarndi #1 Claim.
In past years the state HAS CONSENTED to such EXCLUSIVE native
title over Vacant Crown Land for other traditional owners. So there
are solid precedents.
— 22 —
Now Yindjibarndi must make plans to take determination of the
Yindjibarndi #1 Claim to the Federal Court.
This will be a lengthy and expensive business and we will have
to form a FIGHTING FUND. This will be discussed with named
claimants and Yindjibarndi members before any action is taken.
YAC SIGNS HERITAGE
AGREEMENT WITH RIO
TINTO & IS ON THE WAY
TO A CLAIM-WIDE LAND
ACCESS AGREEMENT
The bad news from FMG is balanced by good news from Rio Tinto.
RTIO and YAC have signed off on a heritage agreement that has
cleared the way for survey work for Rio railway expansion work.
This Agreement was reached after months of careful negotiations
where good working relationship was re-established with Rio staff
after the disaster at Bridge Eleven (see “Heritage Disaster at Rio’s
Bridge Eleven” essay by Phil Davies on YAC website under the
Dictatorship of Mining page). This Heritage Agreement is not openended
however, but will cease after one year. It will only be reconfirmed
if YAC reaches a fair Land Access Agreement with RTIO.
While Rio have shown that they too can be bloody-minded, as with
Bridge Eleven – they at least have a basic understanding of what
fair dealing with Indigenous people is, perhaps because they must
deal with traditional owners all over the world. They should have
learned good lessons from the strong rights that Native Canadians
enjoy. FMG by contrast seem totally ignorant of international
benchmarks! They seem utterly trapped in the limited imagination
and leadership of Andrew Forrest.
Prospects for a good outcome with RTIO are looking very promising,
however, and YAC will report new developments as they arise.
At its worst, whatever deal YAC signs with Rio will be more than 10
times better than what FMG are offering!
RANGER PROGRAM FOR
NGURRAWAANA
As a part of its community development policy, Juluwarlu has been
working with the Ngurrawaana group to get funding for and to
manage a caring for country ranger program in the tablelands and
along the Fortescue River. As a result 4 men have been employed at
Ngurrawaana in work to get rid of invasive plants in the rivers, to
fence cattle off, to care for Yindjibarndi sites, and to manage public
access along the river and around special places like the Jiirda Thalu.
JULUWARLU WORKING
WITH CHEEDITHA
Juluwarlu is also working alongside Cheeditha Chairman, Stanley
Warrie, and the Cheeditha board by helping with management and
administration. Juluwarlu provides accounting expertise, office infrastructure,
and staff to help Cheeditha in dealing with housing issues,
water problems, and government departments. Recently Juluwarlu
and Cheeditha have been meeting with a housing development
company and a mining company to explore the possibility of leasing
out Cheeditha lands and redeveloping a brand new Cheeditha in a
new location near town.
It is early days for these discussions, but we will give you updates in
our next newsletter.

INSIGHT INTO THE
HYPOCRISY OF TWIGGY’S
GENERATIONONE
In our last newsletter we described how other traditional owner
groups had bad experiences dealing with Twiggy and FMG. Every day
more people are going on record about how sick to death they are
of Andrew Forrest’s FAKE public posturing on Aboriginal affairs, and
his abuse of culture and country, and his total disrespect of knowledge-carriers
who are fighting to preserve their country.
More examples of bad experience, if not directly with Twiggy, with his
flagship organisation for Aboriginal employment, GenerationOne, are
coming to light. GenerationOne is founded on Twiggy’s philosophy,
‘give a native a fishing rod not a fish’.
Former Director of Education Programs for GenerationOne, Chris
Lawrence, says that he was sacked by GenerationOne [a project
driven by Fortescue Metals CEO, Andrew Forrest] because he spoke
out about the hypocrisy of some of its staff who privately run down
Aboriginal people while, in public, claimed to champion their interests.
Of particular interest to us – in the light of the big training and
employment component of FMG’s Agreement offer – Chris also
criticized GenerationOne’s policies which acted to break up communities
by moving indigenous people to jobs outside of their communities.
He said that this practice used economic forces to assimilate
Aborigines, to threaten indigenous culture and cohesion, and to
provide “open slather” for mining interests keen to avoid dealing with
indigenous communities on Aborigines’ own terms.
This exactly sums up the bad experience that Yindjibarndi have been
having with FMG.
Chris Lawrence is an Aboriginal man from WA, who undertook his
PhD studies in Public Health at Harvard University and at Howard
YINJAA BARNI ART GROUP
DISRESPECT OF NED CHEEDY
Members of the Wirlumurra group, several of whom are also leading
members of the Yinjaa Barni Art group – Clifton Mack, Aileen
Sandy, Maudie Jerrold, Allery Sandy – are showing their paintings in
Sydney. The exhibition is titled When the World was Soft – Ngurranyujunggamu
– after the creation times of Yindjibarndi country and our
people.
If this is not disrespect enough, they name Ned Cheedy as a Yinjaa
Barni elder!
These people have not shown Ned Cheedy any respect in their
greedy and self-interested dealings with FMG. They have ignored his
wishes as our most senior and knowledgeable elder. To push him
aside on native title matters, and then in the next breath claim him
for promoting their art exhibition is two-faced disrespect.
Another thing demonstrating the ignorance and disrespect of these
people – the quote they have taken for the cover of their advertising
brochure is stolen straight out of the book “Know The Song, Know
The Country”. This is not a statement by Ned Cheedy. Nor have they
asked permission to use the quote for their advertising and self-promotion.
A complaint was made directly to the Chalk Horse gallery in Sydney,
and they have agreed to remove both the name of Ned Cheedy and
the “Know the Song, Know the Country” quote from the exhibition
advertising material.
— 23 —
University in Washington D.C. as a Fullbright Scholar. Chris was
personally invited to take up the position of Director of Education
Programs for GenerationOne by Twiggy himself. His first-hand
account provides another honest insight into the hypocrisy that
riddles everything Twiggy Forrest touches, and his resignation is
another big vote of no confidence in Andrew Twiggy Forrest.
[see YAC website for full transcript of Chris Lawrence’s statement:
http://yindjibarndi.org.au/yindjibarndi/?page_id=298#comment-52]
FMG ABORTS FEDERAL
COURT MEDIATION
YAC is not prepared to sign a bad agreement with FMG, but they
are willing to try mediation to try and protect Yindjibarndi culture
and rights. When the Federal Court suggested that Yindjibarndi
and FMG come together to talk about the impact of FMG operations
on Yindjibarndi land and culture, YAC agreed without hesitation.
In December last year (2010) Thomas Jacob, Michael Woodley, Phil
Davies and George Irving met with the Federal Court mediator
and FMG’s lawyer Ken Green an FMG geologist and an FMG
project manager in Perth. Yindjibarndi entered these negotiations
stronger after the body of Yindjibarndi stood firm to reject the
push by FMG-Wirlumurra push to sign everything over to FMG.
While YAC respect this Federal Court mediation process, they
will not be led into agreeing to a compromise that fundamentally
attacks Yindjibarndi identity and rights. Compromise at any cost is
not an option for Yindjibarndi. Yindjibarndi understand very well
that it is not a perfect world, but they understand also that a life
without identity and integrity and respect is not a life worth living.
Yindjibarndi will have to live with the results of any terms reached
in this mediation for many generations. Yindjibarndi fully expect
that if we make some serious compromise towards agreement,
that FMG also need to make some serious compromise.
UPDATE: The mediation was due to continue
early in 2011, but has stopped dead because
FMG has suddenly pulled out.
In our Law it is said that in the beginning the sky was very low. When the creation spirits got up from
the ground, they lifted the sky and the world out of the sea. The creation spirits are called Marrga. They
still live in the rocky mountains and gullies. In the early morning the mist over the water is smoke from
It was the Marrga and Minkala/Mangunyba (Skygod) that named and shaped the country, then all the
was soft’.
94 COOPER ST SURRY HILLS NSW 2010
+612 9211 8999
www.chalkhorse.com.au

YINDJIBARNDI BEWARE
The three men pictured here are the faces of Andrew Forrest’s
agenda in Roebourne – sent to divide Yindjibarndi &
grab our country. It is an agenda filled with greed, deception
and false promises, and these men have been sent to
help themselves and the richest man in Australia to get
even richer.
When these men approach you, the Yindjibarndi, remember
that before mining came to our country these people
were nowhere to be seen in our community. Now all of
a sudden, in the blink of an eye, they are here standing in
front of us saying that they care.
The truth is that they are here in our community because
FMG and Andrew Forrest are paying them a lot of money
to be here.
www.yindjibarndi.org.au
— 24 —
They don’t care and they will never ever care about our
culture, our community, our children or our future. The
only thing they care about is getting the Yindjibarndi to
sign a Land Use Agreement that will forever keep Andrew
Forrest the richest man in the nation and the Yindjibarndi
the poorest.
If you, the Yindjibarndi, care, then don’t talk with these
people and don’t agree to sign their dishonest, self-serving
Agreement.