AEM HPA (Australia) Pty Ltd v Ngan Aak-Kunch Aboriginal Corporation RNTBC

[2020] NNTTA 38

NATIONAL NATIVE TITLE TRIBUNAL

AEM HPA (Australia) Pty Ltd v Ngan Aak-Kunch Aboriginal Corporation RNTBC and Another [2020] NNTTA 38 (2 April 2020)

Application No:                 QF2020/0001

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

-and-

IN THE MATTER of an inquiry into future act determination application

AEM HPA (Australia) Pty Ltd   (grantee party)

-and-

Ngan Aak-Kunch Aboriginal Corporation RNTBC

(QCD2012/010)   (native title party)

-and-

The State of Queensland   (Government party)

DECISION TO DISMISS FUTURE ACT DETERMINATION APPLICATION

Tribunal:Ms Helen Shurven, Member

Place:Perth

Date:2 April 2020

Catchwords:  Native title – future act – proposed grant of mining lease – future act determination application – Tribunal not entitled to deal with the application – application dismissed – s 148(a)

Legislation:Native Title Act1993 (Cth), ss 31(1)(b), 35, 37(a), 38, 41A, 77, 148(a)

Representative of the

grantee party:  Preston Law

Representative of the        

native title party:              Cape York Land Council

Representative of the        

Government party:           Department of Natural Resources, Mines and Energy

REASONS FOR DECISION TO DISMISS APPLICATION

Background

1. On 16 January 2020, AEM HPA (Australia) Pty Ltd (AEM HPA) made an application under s 35 of the Native Title Act 1993 (Cth) (the Act) requesting the National Native Title Tribunal determine that mining lease ML100200 be granted. AEM HPA made the application because the negotiation parties had not reached agreement under s 31(1)(b) of the Act. The negotiation parties are the State of Queensland, AEM HPA and the Ngan Aak-Kunch Aboriginal Corporation. The application was accepted on 17 January 2020 under s 77 of the Act, and I was appointed to constitute the Tribunal in order to conduct an inquiry and make a determination under s 38 of the Act.

2. Under s 37(a) of the Act, I must not make a determination if an agreement is reached under s 31(1)(b). On 24 March 2020, and in accordance with s 41A of the Act, the State lodged a copy of the s 31(1)(b) agreement for mining lease ML100200 with the Tribunal. The agreement was executed by all the negotiation parties.

Decision

1. The Tribunal is not entitled to deal with the future act determination application relating to mining lease ML100200 as there is an agreement under s 31(1)(b) of the Act. The application is dismissed under s 148(a) of the Act.

Helen Shurven
Member
2 April 2020