Bruce Monadee & Others on behalf of Ngarluma Indjibarndi (WC99/14)/Western Australia/Mark Gareth Creasy

NATIONAL NATIVE TITLE TRIBUNAL

Bruce Monadee & Others on behalf of Ngarluma Indjibarndi (WC99/14)/Western Australia/Mark Gareth Creasy, [2002] NNTTA 31 (20 March 2002)

Application No: WO02/17

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

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IN THE MATTER of an inquiry into an expedited procedure objection application

Bruce Monadee & Others on behalf of Ngarluma Indjibarndi (WC99/14) (Native Title Party)

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The State of Western Australia (Government Party)

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Mark Gareth Creasy (Grantee Party)

CONSENT DETERMINATION

By consent the determination of the Tribunal is that the grant of exploration licence
E47/1018 to Mark Gareth Creasy is not an act attracting the expedited procedure.

The Hon C.J. Sumner
Deputy President
20 March 2002

CaseChat Overview and Summary

Bruce Monadee, on behalf of the Ngarluma Indjibarndi, filed an application seeking to challenge the grant of an exploration licence, E47/1018, to Mark Gareth Creasy. The dispute was heard by the National Native Title Tribunal, where the legal issues centred on whether the grant of the exploration licence constituted an act attracting the expedited procedure under the Native Title Act 1993. The case involved a complex interplay between native title rights, the granting of exploration licences, and the procedures for objecting to such grants.

The primary legal issue before the Tribunal was whether the grant of exploration licence E47/1018 to Mark Gareth Creasy constituted an act that would fall under the expedited procedure as defined by the Native Title Act. The Tribunal had to determine if the grant could be processed under an expedited procedure or if it required a more thorough review process. This decision was crucial as it would affect the rights and procedures available to the native title parties in challenging the grant.

The Tribunal concluded that the grant of the exploration licence did not constitute an act attracting the expedited procedure. This decision was reached by consent among the parties involved. The determination was made on the basis that the nature of the exploration licence grant necessitated a more comprehensive examination of the potential impacts on native title rights. The Tribunal's reasoning focused on the need for a detailed assessment to ensure that the native title parties' rights were adequately protected and considered in the grant process.

The final orders of the Tribunal were that the grant of exploration licence E47/1018 to Mark Gareth Creasy was not an act attracting the expedited procedure. This decision allowed for a more detailed examination of the implications of the grant on native title rights, ensuring that the native title parties had the opportunity to present their case thoroughly.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established