Albert Little, Ollie George, Irene Harris, Richard Little, Des Thompson, Gloria Fogarty, Percy George, Frank Walsh (Jr), John Ashwin, Wilma Lawson, Clara George, Olive Gibson, Hazel Little, Frank Walsh (Sr), Des...

[2002] NNTTA 30

NATIONAL NATIVE TITLE TRIBUNAL 

Albert Little, Ollie George, Irene Harris, Richard Little, Des Thompson, Gloria Fogarty, Percy George, Frank Walsh (Jr), John Ashwin, Wilma Lawson, Clara George, Olive Gibson, Hazel Little, Frank Walsh (Sr), Des Little and Nancy Wallam on behalf of Badimia (WC96/98)/Windimurra Resources/ Western Australia, [2002] NNTTA 30 (20 March 2002)  

Application No:        WF02/1

IN THE MATTER of the Native Title Act 1993 (Cwlth)

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IN THE MATTER of an inquiry into a Future Act Determination Application

Albert Little, Ollie George, Irene Harris, Richard Little, Des Thompson, Gloria Fogarty, Percy George, Frank Walsh (Jr), John Ashwin, Wilma Lawson, Clara George, Olive Gibson, Hazel Little, Frank Walsh (Sr), Des Little and Nancy Wallam on behalf of Badimia (WC96/98) (Native Title Party)

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Windimurra Resources  (Grantee Party)

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The State of Western Australia  (Government Party)

FUTURE ACT DETERMINATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth

Date:  20 March 2002

Catchwords:    Native title - future act - application for determination for the grant of exploration licence - consent determination that the act may be done.

Legislation:  Native Title Act 1993 (Cth), ss 35, 38

Cases:Monkey Mia Dolphin Resort Pty Ltd/Western Australia/Albert Darby Winder and others, NNTT WF01/2, Hon C J Sumner, 22 June 2001

Counsel for the

native title party:            Mr David Ritter, Yamatji Land and Sea Council

Representative of the

native title party:            Mr Cedric Davies, Yamatji Land and Sea Council

Counsel for the               

Government party:         Ms Rhonda Howlett (Crown Solicitor’s Office)

Representative of the

Government party          Mr David Crabtree, Department of Mineral and Petroleum Resources

Representative of the

grantee party:                 Mr Steve Stone

REASONS FOR FUTURE ACT DETERMINATION

1. On 15 December 1999, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) (‘the Act’) of a future act namely the grant of exploration licences E58/236, E58/237 and E59/907, under the Mining Act 1978 (WA) to Windumurra Resources Pty Ltd (‘the grantee party’).

2. The native title party  in respect of these proceedings is:

• Albert Little, Ollie George, Irene Harris, Richard Little, Des Thompson, Gloria Fogarty, Percy George, Frank Walsh (Jr), John Ashwin, Wilma Lawson, Clara George, Olive Gibson, Hazel Little, Frank Walsh (Sr), Des Little and Nancy Wallam on behalf of the Badimia People(WC96/98))

1. On 14 March 2002, being a date more than six months after the s 29 notice was given, the native title party made an application pursuant to s 35 of the Act for a future act determination under s 38.

2. By letter dated 14 March 2002 the applicant, through its representative Mr Cedric Davies of Yamatji Land and Sea Council (‘the YLSC’), requested the Tribunal to make a determination with the consent of all parties. The letter advised that the grantee and native title party had reached agreement on the grant of the exploration licences at a working group meeting of the native title party at Mt Magnet on 26 February 2002. The agreement is based on an undertaking by the grantee party to fund and facilitate heritage surveys prior to undertaking certain ground disturbing activities. The YLSC were instructed to proceed with a consent determination application to the National Native Title Tribunal. All parties through their representatives, Mr David Ritter counsel for the native title party, Mr Steve Stone of Windimurra Resources for the grantee party and Ms Rhonda Howlett (Crown Solicitor’s Office) counsel for the Government party, have advised the Tribunal that the obligations on the Government and grantee parties in s 31(1) of the Act have been fulfilled and of their agreement to a determination in the following terms:

   ‘The Government Party, the Grantee Party and the Native Title Party consent to a determination under s 38 of the Native Title Act 1993 that the ‘act’ being the grant of exploration licences 58/236, 58/237 and 59/907 may be done pursuant to the agreement entitled ‘CONTRACT FOR SERVICES IN RELATION TO EXPLORATION’ dated 6 March 2002, a copy of which is tendered to the Tribunal in this inquiry.’

3. The Tribunal has power to make a determination with the consent of the parties and it will normally be appropriate to do so where the parties (and particularly the native title party) are legally represented and those representatives have advised the Tribunal of the consent.  The Tribunal will hear the parties to satisfy itself that the consent determination is appropriate (Monkey Mia Dolphin Resort Pty Ltd/Western Australia/Albert Darby Winder and others, NNTT WF01/2, Hon C J Sumner, 22 June 2001).

4. On 19 March 2002 the Tribunal conducted a hearing. All parties consented to the determination. The native title party was represented by counsel from the YLSC, a recognised Native Title Representative Body under the Act, and there is nothing in the facts of this matter which makes a consent determination inappropriate.

Determination

1. By consent the determination of the Tribunal is that the acts, namely the grant of exploration licences E58/236, E58/237 & E59/907 to Windimurra Resources Pty Ltd , may be done pursuant to the agreement entitled ‘Contract for Services in Relation to Exploration’ dated 6 March 2002 (a copy of which was tendered to the Tribunal in this inquiry).

Hon C J Sumner
Deputy President

20 March 2002