Dorothy Bandy & Others (WC96/98)/Western Australia/Australian Gold Resources Ltd

NATIONAL NATIVE TITLE TRIBUNAL

Dorothy Bandy & Others (WC96/98)/Western Australia/Australian Gold Resources Ltd, [2000] NNTTA 176 (20 April 2000)

Application: WO99/227

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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Australian Gold Resources Ltd
(Grantee party)

DETERMINATION

By consent the determination of the Tribunal is that the grant of Exploration Licence 58/231 to Australian Gold Resources Ltd is not an act attracting the expedited procedure.

The Hon. C. J. Sumner
Deputy President
20 April 2000

CaseChat Overview and Summary

Dorothy Bandy and others, as native title parties, challenged the grant of Exploration Licence 58/231 to Australian Gold Resources Ltd in the National Native Title Tribunal. The State of Western Australia and Australian Gold Resources Ltd were the government and grantee parties, respectively. The dispute centred on whether the grant of the exploration licence was an act attracting the expedited procedure under the Native Title Act 1993. The Tribunal had to decide on the legal issues concerning the applicability of the expedited procedure to the grant of the exploration licence.

The primary legal issue the Tribunal had to address was whether the grant of Exploration Licence 58/231 by the State of Western Australia to Australian Gold Resources Ltd constituted an act attracting the expedited procedure under the Native Title Act 1993. This involved interpreting the provisions of the Act and considering relevant case law and statutory guidelines. The Tribunal had to balance the rights of the native title parties, the interests of the grantee, and the state's role in granting the licence.

The Tribunal concluded that the grant of Exploration Licence 58/231 was not an act attracting the expedited procedure. This decision was based on the Tribunal's interpretation of the relevant provisions of the Native Title Act 1993 and the specific circumstances of the case. The Tribunal found that the grant did not meet the criteria for the expedited procedure as it did not involve the grant of a petroleum title or the grant of an exploration licence in respect of which a future act consent determination has been made. Consequently, the Tribunal determined that the grant of the exploration licence was not subject to the expedited procedure.

The Tribunal's determination was made by consent, and no further orders were made. The decision clarified the scope of the expedited procedure under the Native Title Act 1993 and provided guidance for future cases involving similar issues. The determination ensured that the rights of the native title parties were considered in the context of the grant of exploration licences, while also recognising the interests of the grantee and the state.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established