Egerton Gold NL/Jidi Jidi Aboriginal Corporation/Western Australia

In the matter of Egerton Gold NL/Jidi Jidi Aboriginal Corporation/Western Australia, the parties involved were Egerton Gold NL, Jidi Jidi Aboriginal Corporation, and the state of Western Australia. The dispute centred on the application for the grant of an exploration licence and the requirements for consultation with native title holders on the native title decision. The case was heard by the National Native Title Tribunal (NNTT). The legal issues that the court had to decide included whether the exploration licence application could be granted and if the native title party had adequately consulted with the native title holders.

The NNTT considered the principles relating to future act determinations, as discussed in various Federal Court and Tribunal decisions, and applied the relevant statutory provisions from the Native Title Act (NTA). The court noted that the exploration licence application was made in July 1998 and covered a significant area, including pastoral leases, Crown reserves, and other land categories. The NNTT adopted the findings from the case of Kevin Peter Walley & Ors (Ngoonoru Wadjari People) and Robin Boddington & Ors (Wajarri Elders)/Western Australia/Giralia Resources NL, which provided a summary of the activities permitted by an exploration licence.

After considering the documentary evidence submitted and the submissions made during the hearing, the NNTT determined that the exploration licence application E52/1402 could be granted to Aviva Corporation Limited (formerly Egerton Gold NL, Egerton Corporation Limited, and Equico Corporation Limited). The court also noted that the approach of the native title party in the proceedings did not constitute a native title decision, as they were leaving the determination to the NNTT based on the evidence before it.

This decision was based on the evidence presented and the submissions made at the hearing. The NNTT considered the principles relating to future act determinations and applied the relevant statutory provisions in reaching its conclusion. The exploration licence application was granted to Aviva Corporation Limited, while the native title party's approach in the proceedings did not constitute a native title decision.