FMG Pilbara Pty Ltd v The PKKP Aboriginal Corporation and Another

[2016] NNTTA 44

NATIONAL NATIVE TITLE TRIBUNAL

FMG Pilbara Pty Ltd v The PKKP Aboriginal Corporation and Another [2016] NNTTA 44 (11 October 2016)

Application Nos:                WF2016/0010 and WF2016/0011

IN THE MATTER of the Native Title Act 1993 (Cth)

-and-

IN THE MATTER of an inquiry into future act determination applications

FMG Pilbara Pty Ltd   (grantee party)

-and-

The PKKP Aboriginal Corporation

(WCD2010/003)   (native title party)

-and-

The State of Western Australia   (Government party)

DECISION TO DISMISS FUTURE ACT DETERMINATION APPLICATIONS

Tribunal:Mr JR McNamara, Member

Place:Brisbane

Date of dismissal:              11 October 2016

Date of reasons:                11 October 2016

Catchwords:  Native title – future act – proposed grant mining leases – future act determination applications – Tribunal not entitled to deal with the application – application dismissed – s 148(a)

Legislation:Native Title Act1993 (Cth), ss 35, 37, 41A, 77, 148(a)

Representative of the

grantee party:  Mr Ken Green, Green Legal Pty Ltd

Representative of the        

native title party:              Ms Sabina Schlink, Thomas Legal

Representative of the        Mr Domnhall McCloskey, State Solicitor’s Office

Government party:            Mr Steve Conduit, Department of Mines and Petroleum

REASONS FOR DECISION TO DISMISS APPLICATIONS

Background

1. On 15 July 2016, FMG Pilbara Pty Ltd made two applications under s 35 of the Native Title Act 1993 (Cth) (‘the Act’) requesting the Tribunal determine that mining leases M08/502 and M47/1490 be granted. FMG Pilbara Pty Ltd made the applications because the parties had not reached agreement under s 31(1)(b) of the Act. The parties are the State of Western Australia, FMG Pilbara Pty Ltd and the PKKP Aboriginal Corporation. The PKKP Aboriginal Corporation holds native title in trust for the Puutu Kunti Kurrama People and the Pinikura People. Non exclusive native title exists over 99.55 percent of M08/502 and 100 percent of M47/1490.

2. I was appointed by President Raelene Webb QC to constitute the Tribunal for the purposes of conducting an inquiry into the applications and I accepted the applications under s 77 of the Act.

3. Under s 37 of the Act, I must not make a determination if an agreement is reached under s 31(1)(b).

4. On 10 October 2016 and in accordance with s 41A of the Act, the State lodged copies of s 31(1)(b) agreements for M08/502 and M47/1490 with the Tribunal. The agreements were executed by all the parties.

Decision

1. The Tribunal is not entitled to deal with the future act determination applications relating to M08/502 and M47/1490. The applications are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Mr JR McNamara
Member
11 October 2016