Native Title Creating & Realising Commercial Opportunities 7 June 2017

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Presentation transcript:

Native Title Creating & Realising Commercial Opportunities 7 June 2017

Outline Creating Opportunities Managing Risk Maximising Outcomes WGAC – A brief history WGEPL - Commercial arm Structure Activities Results Lessons learnt Creating Opportunities Managing Risk Maximising Outcomes Outline

Eastern Guruma Country

Hill formerly known as Mt Tom Price

WGAC Story Eastern Guruma Country History of the PBC Native Title Determinations – 2007 and 2012 6500 km2 around Tom Price in Pilbara region of WA 7 Iron Ore Mines on Country Number of Commercial Agreements with Mining Cos History of the PBC Up until 2014 – decision making body only Limited Community involvement in PBC Heavy reliance on Advisors No bank accounts, No operations, No capability Parties to Benefit from this Structure Consultants Lawyers Accountants Mining Companies Select TO businesses WGAC Story

WGAC Story History of the PBC (cont’d) Outcomes for EG People Change of Board in 2012 Wanted self determination Advisors replaced over time – not easy Commenced operating in own right - Aug 2014 Responsible for own affairs incl heritage surveys Non member Director appointed Trusted advisers engaged as employees Outcomes for EG People Greater autonomy Building capability Greater community involvement in PBC Use of Elder Advisory Committee Stronger PBC WGAC Story

Commercial Arm - WGEPL WGEPL Structure Separate Company - 100% owned by PBC 3 TO Directors 2 employees – CEO and BD Manager Activities Plant Hire Labour Hire Joint venture companies Civil(50%) Waste(25%) Unincorporated JV’s Camp management Other – eg: Civil Commercial Arm - WGEPL

Plant Hire & Labour Hire WGAC NT & Heritage WGEPL Commercial Arm Plant Hire & Labour Hire MG Pty Ltd Civil &Mining BMG JV PTW Pty Ltd Waste AWG JV Camp Mngmt Structure

Wintawari Guruma Enterprises Pty Ltd Lessons Learnt Directors – strategic, community focused, commercial Get the best advice – legal & commercial Advisors need to understand the community/politics Pick good JV partners Set the ground rules early Drive a hard bargain Focus on outcomes Manage growth – OK to start small Challenges Politics – self interest, families Decision making processes Wintawari Guruma Enterprises Pty Ltd

Creating Oppportunities Competitive Advantages Community Benefit – very powerful Native Title Holder - also significant Understand what you bring to the table Identifying Opportunities Local Govt Local Road Maintenance Local labour State Government Departments Main Roads Water Corp Housing Dept Education & Training Large Corporates Community Image Social Responsibility Federal Government Procurement Policies Creating Oppportunities

Managing Risk Conservative, Commercial Approach Conservative approach to risk Limited financial capability Community money Use capability partners Select good JV partner – look at values Use separate incorporated companies Focus on building capability Have good Shareholder / JV Agreements No financial or director guarantees Get the best advice – legal, accounting & commercial Limit the downside risk Managing Risk

Managing Risk Commercial approach to risk Generally - no risk, no reward Likely need to assume some risk Identify the risks & mitigate where possible Be realistic, be commercial Companies will expect you to bring something to the table Community knowledge/authority Assistance with Indigenous recruitment Labour Hire can be a great start Don’t give away the farm Be prepared to walk away Find the right people/partner Managing Risk

Identify Outcomes that are Important to your community Employment Business Development for TO business Commercial Return - $$ Community outcomes Agree outcomes with JV partners up front Be honest/blunt Hold partners accountable Maximising Outcomes