Teddy Roberts and others on behalf of the Kariyarra People (WC99/3)/Western Australia/David John Taylor

NATIONAL NATIVE TITLE TRIBUNAL

Teddy Roberts and others on behalf of the Kariyarra People (WC99/3)/Western Australia/David John Taylor, [2000] NNTTA 24 (7 February 2000)

Application: WO99/97

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

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IN THE MATTER of objections to inclusion in an expedited procedure

FUTURE ACT CONSENT DETERMINATION

Teddy Roberts and others on behalf of the Kariyarra People (WC99/3) (Native Title party)

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The State of Western Australia (Government party)

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David John Taylor (Grantee party)

DETERMINATION

By consent the determination of the Tribunal is that the grant of Mineral Tenement(s): P47/1071 to David John Taylor is not an act attracting the expedited procedure.

The Hon. E.M. Franklyn
Deputy President
7 February 2000

CaseChat Overview and Summary

In this case, Teddy Roberts and others on behalf of the Kariyarra People, a native title party, lodged an objection to the inclusion of the grant of a Mineral Tenement (P47/1071) to David John Taylor within an expedited procedure under the Native Title Act 1993. The State of Western Australia was also involved in the proceedings as the government party. The dispute was heard by the National Native Title Tribunal, which had to determine whether the grant of the mineral tenement constituted an act that would be subject to the expedited procedure provisions of the Act.

The legal issue that the Tribunal had to decide was whether the grant of the Mineral Tenement to David John Taylor qualified as an act that would be subject to the expedited procedure outlined in the Native Title Act 1993. The Tribunal needed to consider the definition and scope of the term "act" within the context of the Act, as well as the nature and effect of the Mineral Tenement grant on the native title rights and interests of the Kariyarra People.

After considering the arguments presented by the parties and the relevant provisions of the Native Title Act 1993, the Tribunal concluded that the grant of the Mineral Tenement was not an act that attracted the expedited procedure. The Tribunal found that the grant did not constitute a significant act that would have a substantial adverse impact on the native title rights and interests of the Kariyarra People. The decision was made by consent of the parties involved, and the Tribunal issued a determination to that effect.

The final orders of the Tribunal stated that the grant of Mineral Tenement P47/1071 to David John Taylor was not an act attracting the expedited procedure under the Native Title Act 1993. The decision was rendered by the Hon. E.M. Franklyn, Deputy President, on 7 February 2000.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established