Bighead Enterprises Pty Ltd/Johnson Taylor and Others on behalf of Njamal/Western Australia

[2011] NNTTA 62

NATIONAL NATIVE TITLE TRIBUNAL

Bighead Enterprises Pty Ltd/Johnson Taylor and Others on behalf of Njamal/Western Australia, [2011] NNTTA 62 (6 April 2011)

Application No:                 WF10/31

IN THE MATTER of the Native Title Act1993 (Cth)

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IN THE MATTER of an inquiry into a future act determination application

Bighead Enterprises Pty Ltd (the “grantee party”)

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The State of Western Australia (the “Government party”)

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Johnson Taylor and Others on behalf of Njamal (WC99/8) (the “native title party”)

FUTURE ACT DETERMINATION

Tribunal:  Neville MacPherson, Member

Place:  Perth
Date:  6 April, 2011

Catchwords: Native title – future act – application for determination for the grant of mining lease – Government party refuse mining lease application – Tribunal has no jurisdiction – dismissal s148(a).

Legislation:Native Title Act1993 (Cth), ss 29, 35, 38, 148(a)

Mining Act 1978 (WA)

Representatives of the       Ms Maimbo Chilala, Pilbara Native Title Service

native title party:               Mr Rainer Mathews, Pilbara Native Title Service

Representative of the

grantee party:  Mr Peter Hwang, Blake Dawson Waldron

Representatives of the       Ms Faye Mitchell, Department of Mines and Petroleum
Government party:           Mr Rod Wahl, State Solicitors Office

REASONS FOR FUTURE ACT DETERMINATION

Background

1. On 4 July, 2007, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) (the Act) of a future act, namely, the grant of Mining Lease M46/457 (the proposed lease) under the Mining Act1978 (WA) to Bighead Enterprises Pty Ltd (the grantee party).

2. The native title party in respect of this proceeding is Johnson Taylor, Kevin Allen, Maurice Coppin, Rodney Monaghan, Alice Mitchell, Lorraine Williams, Tony Taylor, Willie Jumbo and Jean Walker on behalf of Njamal (WC99/8 – registered from 3 June 1999) (the native title party).

3. The s 29 notice describes the area of the proposed lease as comprising 287.09 hectares and located 34 kilometres east of Nullagine in the Shire of East Pilbara. The registered claim of the native title party entirely overlaps the proposed lease. No other registered claims overlap the proposed lease.

4. On 5 October, 2010, being a date more than six months after the s 29 notice was given, an application was made pursuant to s 35 of the Act for a future act determination under s 38 in relation to the proposed lease. The application requested that the future act determination be made by consent.

5. On 9 November, 2010, the Department of Mines and Petroleum advised the Tribunal that the Australian Securities and Investments Commission register showed that Bighead Enterprises Pty Ltd was deregistered on 12 November, 2008, and that they would be initiating refusal action for the proposed lease if the company did not take steps to becoming reregistered.

6. On 31 March, 2011, the Department of Mines and Petroleum, on behalf of the Government party, advised the Tribunal that mining lease application M46/457 had been refused under s111A of the Mining Act.  As a consequence, the Tribunal no longer has jurisdiction to deal with the application.

Determination

1. The application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Neville MacPherson
Member