Charlie Lapthorne and Others on behalf of Thudgari (WC97/95)/Western Australia/Gascoyne Mines Pty Ltd

NATIONAL NATIVE TITLE TRIBUNAL

Charlie Lapthorne and Others on behalf of Thudgari (WC97/95)/Western Australia/Gascoyne Mines Pty Ltd, [2002] NNTTA 252 (13 December 2002)

Application No: WO02/606
IN THE MATTER of the Native Title Act 1993 (Cth)
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IN THE MATTER of an inquiry into an expedited procedure objection application

Charlie Lapthorne and Others on behalf of Thudgari (WC97/95) (native title
party)

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The State of Western Australia (Government party)
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Gascoyne Mines Pty Ltd (grantee party)

CONSENT DETERMINATION

By consent the determination of the Tribunal is that the grant of exploration licence
E09/1081 to Gascoyne Mines Pty Ltd is not an act attracting the expedited procedure.

The Hon CJ Sumner
Deputy President
13 December 2002

CaseChat Overview and Summary

In the case of Charlie Lapthorne and Others on behalf of Thudgari (WC97/95) versus Western Australia and Gascoyne Mines Pty Ltd, the parties were contesting an exploration licence granted to Gascoyne Mines Pty Ltd under the Native Title Act 1993. The Thudgari native title party objected to the grant of exploration licence E09/1081, arguing that it should not be subject to the expedited procedure outlined in the Act. The State of Western Australia and Gascoyne Mines Pty Ltd were also parties to the dispute, with the former representing the government and the latter being the grantee party.

The primary legal issue before the court was whether the grant of the exploration licence constituted an act that should be subject to the expedited procedure as stipulated in the Native Title Act 1993. The court needed to consider the relevant provisions of the Act and the arguments presented by the parties in determining the appropriate procedure for dealing with the objection.

In reaching its decision, the court considered the arguments presented by all parties and concluded that, by consent, the grant of exploration licence E09/1081 to Gascoyne Mines Pty Ltd was not an act attracting the expedited procedure. This meant that the objection to the grant of the licence would be dealt with under the standard procedure as outlined in the Act. The court accepted the consent determination proposed by the parties, which was that the grant of the exploration licence was not subject to the expedited procedure.

No further orders were made by the court in this case, as the parties had reached a consent determination that addressed the central issue in dispute. The decision highlights the importance of considering the appropriate procedure for dealing with objections to exploration licences granted under the Native Title Act 1993, and the need for parties to engage in constructive dialogue in order to reach an agreement on the matter.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established