'Right to Negotiate'

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Formal Notification in Mining Lease Applications - Indigenous Elders​

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In contemplating the complexities surrounding native title and mining lease claims, it is appropriate to discuss a situation that occurs frequently: inadequate formal notification of proposed applications or decisions, to stakeholders - including Indigenous Elders and recognised tribal representatives.

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Imagine a mining company proposing to explore a site on land recognised as important and sacred by the local Aboriginal community, as is the case in Dittmer's Quandong for the local Gia People.

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Any company engaged in exploration activities for mining leases, is required by law to notify any native title holders and indigenous community members and engage in negotiations and must follow the following guidelines

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However - the carriage of this important formal notification process leaves much to be desired.  Generally considered illogical by the majority of community members.

 

Particularly in today's digital world where very few people purchase or consume mass media newspapers or news. 

 

The Department of Resources has its own framework for the formal notifications process.

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• They published their notification and intentions in a public newspaper in a town 1.5 hrs outside of the local community, called the "The Daily Mercury" Mackay.

  • Official representatives from the Department of Resources have told us that notification was published on the 4th October 2023; 

    • This also appears to be a paid subscription Newspaper Service​

    • We have been unable to find any confirmed proof or published notification in our online research and no articles from the 4th of October 2023

    • We have been advised that in order to receive proof of this notification we would need to complete a right to information application

    • Previous right to information applications we have submitted failed to give us the necessary information we requested; citing that it would 'take them too long'

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• They published their notification in a paid subscription called "the Koori Mail" – a special interest publication catering mainly for the interest of Aboriginal and Torres Strait Island peoples.

  • The Koori Newspaper is not guaranteed to be read by Indigenous stakeholders at all.​

 

This process of formal notification means that key figures, including respected elders of the local Indigenous Tribes people, likely will not receive any formal information regarding the mining lease claim application, nor will they be able to respond in a timely fashion.

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In fact, local Elders have claimed through official channels:

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• That ordinarily they would receive registered mail as formal notification from Government Agencies;

• That in this instance they were not sent registered mail to inform them of these important matters;

• That the newly implemented Native Title Application has replaced them with other self appointed Aboriginal Representatives who are now acting as agents;

• That these agents have no formal requirement to provide details to now unrepresented Community Elders;

• That they are no longer considered senior representatives of their community by Government entities and as such are no longer a part of the 'Right to Negotiate' process.

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Criticisms can be made in terms of these formal notification procedures;

Many interested stakeholders believe it to be an inadequate and impractical process which fails to provide necessary formal stakeholder notification

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Not An Isolated Incident

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Similarly, there are wider community examples of this scenario and failure to properly engage with Community members when notification is warranted.

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• Recently we saw a case of the intention to reclaim land by local and state Governments for future development and planning in the Midge Point and Mackay regions.

• Notification of the future 'Managed Retreat' for residents that has been proposed by local government agents, was similarly unnoticed by stakeholders;

• The formal procedure undertaken by agencies was the same as seen above: notice published in out of town newspapers that very few people in the region consume;​

• Upset residents were alarmed to note that no real community engagement was ever sought and that similar impractical measures were used by mandatory notifying bodies including publishing in two newspapers that the majority of stakeholders do not read;

• Most local residents were notified practically about this important issue due to it being published by a political candidate on facebook - as the digital arena of facebook is the modern day public square;

• Bureaucrats and politicians responded to criticisms that nobody was properly informed, by advising residents that this is common practice in formal Government procedural notifications and that there was no requirement for them to further notify.

• We believe that all serious developmental and social notifications should be made in formal manner, including:

  • Registered or formal letter processed by mail​

  • Government Letters (physical or through MyGovAu portal access

  • Via Facebook Community Noticeboards

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Reflecting on this scenario, one can see the profound implications of such failures.

Registered voters and residents have a physical address with which they can be formally notified of important matters of community concern.

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• Rates and other Government notices are formally sent in the mail regularly

• Formerly, Community Elders received important notifications via registered post ​

• Many other Government Notifications are securely sent via online portals (MyGovAu)​

• Community Noticeboards on Facebook are common places of public engagement and serve as a modern day public square - yet formal notifications are not made there by agencies and corporations.

• Local free community newspapers are more likely to be read by locals than out of town paid newspapers

 

The Importance of Community Engagement

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Local Elders, who carry significant cultural knowledge and authority within the community, have reported to us that:

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• they remain unheard in the negotiation process;

• that due to the Native Title Process, they lack proper authority to speak on their own behalf;

• These Elders feel sidelined, reflecting a deeper issue of respect and recognition in the engagement process.

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Their absence from discussions means vital perspectives on cultural heritage, sacred sites, and environmental stewardship are overlooked.

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This has led to feelings of marginalisation within the community, particularly for Community Elders whose insights are essential for making informed decisions that respect traditional practices and laws.​

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• This situation raises fundamental logical, legal and ethical questions.

• Significant issues exist in the formal notification process by Government Agencies

• Inherent issues exist which exclude stakeholders, once the Native Title Act becomes activated in a community​

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In reflecting on this situation, it becomes clear that the process of proper notification is not merely a legal obligation but a vital aspect of building trust and understanding between Indigenous communities, Government Agencies and external developers.

 

The inclusion of elders in discussions is essential for honouring their role as custodians of the land and for safeguarding cultural heritage.

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We are quite unimpressed by the arbitrary and impractical methods which Government Agencies and Corporations use for formal notification of their significant decision making.