Dorothy Bandy & Others (WC96/98)/Western Australia/Australasian Gold Mines Nl; Resource Exploration Nl

NATIONAL NATIVE TITLE TRIBUNAL

Dorothy Bandy & Others (WC96/98)/Western Australia/Australasian Gold Mines NL; Resource Exploration NL, [2000] NNTTA 187 (10 May 2000)

Application: WO99/785

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

Dorothy Bandy & Others (WC96/98)
(Native Title party)

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The State of Western Australia
(Government party)

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Australasian Gold Mines NL
Resource Exploration NL
(Grantee party)

DETERMINATION

By consent the determination of the Tribunal is that the grant of Exploration Licence 59/876 to Australasian Gold Mines NL & Resource Exploration NL is not an act attracting the expedited procedure.

The Hon. C.J. Sumner
Deputy President
10 May 2000

CaseChat Overview and Summary

The National Native Title Tribunal heard a dispute involving Dorothy Bandy and others, collectively known as the Native Title party, against the State of Western Australia and Australasian Gold Mines NL and Resource Exploration NL, referred to as the Grantee party. The central issue was whether the grant of Exploration Licence 59/876 to the Grantee party constituted an act that should be subject to an expedited procedure under the Native Title Act 1993. The tribunal was tasked with deciding whether the grant of this exploration licence should be treated as an act requiring the application of the expedited procedure, or if it could proceed under normal legal processes.

The primary legal issue before the tribunal was to determine whether the grant of the exploration licence to Australasian Gold Mines NL and Resource Exploration NL constituted an act that triggered the expedited procedure outlined in the Native Title Act. The tribunal had to interpret the relevant provisions of the Act and consider the nature of the exploration licence grant to decide if it should be subject to the expedited procedure. The tribunal needed to balance the rights and interests of the Native Title party against the rights and interests of the Grantee party, as well as the State of Western Australia.

The tribunal concluded that the grant of Exploration Licence 59/876 to Australasian Gold Mines NL and Resource Exploration NL did not constitute an act that attracted the expedited procedure. The tribunal's decision was based on the interpretation that the grant of the exploration licence did not fall within the specific acts outlined in the Act that required expedited procedures. The tribunal found that the exploration licence did not directly affect the native title rights and interests of the Native Title party in a way that necessitated the expedited procedure. Consequently, the tribunal ruled that the grant of the exploration licence could proceed under the standard legal processes.

The final order of the tribunal was that the grant of Exploration Licence 59/876 to Australasian Gold Mines NL and Resource Exploration NL was not an act attracting the expedited procedure. This determination allowed the parties to proceed with the matter in accordance with the normal legal processes, without the constraints of the expedited procedure. The decision provided clarity on the applicability of the expedited procedure in this context, allowing the parties to move forward with their respective rights and obligations under the Native Title Act.

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CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established