Dorothy Bandy & Others (WC96/98)/Western Australia/Robert Wilmot Creasy

NATIONAL NATIVE TITLE TRIBUNAL

Dorothy Bandy & Others (WC96/98)/Western Australia/Robert Wilmot Creasy, [2000] NNTTA 170 (14 April 2000)

Application: W099/31

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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Robert Wilmot Creasy
(Grantee Party)

DETERMINATION

By consent the determination of the Tribunal is that the grant of Special Prospecting Licence 58/1106 to Robert Wilmot Creasy is an act attracting the expedited procedure.

The Hon. E.M. Franklyn QC
Deputy President
14th April 2000

CaseChat Overview and Summary

The National Native Title Tribunal dealt with an application regarding the grant of a Special Prospecting Licence 58/1106 to Robert Wilmot Creasy. The applicants, Dorothy Bandy and others, objected to the grant on the basis that it related to native title matters. The Government Party, the State of Western Australia, was also involved in the proceedings. The central dispute was whether the grant of the prospecting licence to Creasy constituted an act that should be subject to the expedited procedure under the Native Title Act 1993. The Tribunal was tasked with determining whether the grant was an act that attracted the expedited procedure, as claimed by the applicants.

The primary legal issue before the Tribunal was whether the grant of the prospecting licence to Robert Wilmot Creasy constituted an act that attracted the expedited procedure under the Native Title Act. This involved interpreting the relevant provisions of the Act and determining whether the grant met the criteria for such an act. The Tribunal had to consider the implications of the Act's expedited procedure for native title claims and the rights of the native title parties. Additionally, the court had to examine the procedural aspects of the application and the consent determination reached by the parties.

The Tribunal found that the grant of the prospecting licence to Robert Wilmot Creasy was indeed an act that attracted the expedited procedure. This conclusion was reached through a consensus between the parties involved, as reflected in the consent determination. The decision recognised the significance of the Act's provisions regarding expedited procedures and the importance of ensuring that native title rights are appropriately considered in the context of such acts. The Tribunal's determination was based on the acknowledgment that the prospecting licence grant was a matter that required the application of the expedited procedure, thereby providing a framework for resolving the native title issues efficiently.

In summary, the Tribunal determined that the grant of the prospecting licence to Robert Wilmot Creasy was an act that attracted the expedited procedure, in accordance with the consent reached between the parties. This determination ensured that the native title rights of Dorothy Bandy and others would be addressed through the appropriate legal mechanisms provided by the Native Title Act 1993. The decision underscored the importance of balancing resource development interests with the protection of native title rights, facilitating a timely resolution of the dispute.

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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