Geoffrey Fraser/Western Australia/BHP Minerals Pty Ltd

NATIONAL NATIVE TITLE TRIBUNAL

Geoffrey Fraser/Western Australia/BHP Minerals Pty Ltd, [2001] NNTTA 72
(31 July 2001)

Application No: WO01/16

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

- and –

IN THE MATTER of an inquiry into an expedited procedure objection application

Geoffrey Fraser (WC95/49) (native title party)

- and -

The State of Western Australia (Government party)

- and –

BHP Minerals Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner
Place:             Perth
Date:              31 July 2001

Catchwords: Native Title – future act – proposed grant of exploration licences - expedited procedure objection application – application for exploration licences withdrawn – objection application dismissed.
Legislation:Native Title Act 1993 (Cth) s 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On 1 November 2000, the Government party gave notice of its intention to grant exploration licences E69/1643, E69/1644, E69/1645, E69/1646 to BHP Minerals Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 1 March 2001, Geoffrey Fraser (’the native title party’) made an expedited procedure objection application to the Tribunal.

The Department of Minerals and Petroleum Resources on behalf of the Government party has advised the Tribunal that on 13 July 2001, the exploration licence applications made by BHP Minerals Pty Ltd were discontinued.

Decision

There is no longer any proposal from the Government to do a future act and accordingly the objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

The Hon CJ Sumner
Deputy President
31 July 2001

CaseChat Overview and Summary

The case involved Geoffrey Fraser, an Aboriginal native title claimant, who sought to object to the proposed grant of exploration licences by BHP Minerals Pty Ltd, in the Federal Court of Australia. Fraser raised concerns under the Native Title Act 1993, arguing that the exploration activities would detrimentally impact his native title rights. The dispute centred on whether the court should proceed with the objection application despite the withdrawal of the exploration licence applications by BHP Minerals. The legal issues revolved around the interpretation of the Native Title Act provisions concerning future acts and the procedural aspects of an objection application when the primary subject of the objection, the exploration licences, had been withdrawn.

The court considered whether the objection application could proceed in the absence of the exploration licence applications, focusing on the principles of judicial economy and the availability of alternative remedies. The court also examined whether Fraser's concerns could be adequately addressed through other means, such as negotiations or mediation, rather than pursuing the objection application. Ultimately, the court determined that, given the withdrawal of the exploration licence applications, there was no live controversy to decide. Consequently, the objection application was dismissed as the court found it appropriate to refrain from exercising its discretion to hear the matter further.

The reasoning underscored the importance of maintaining procedural fairness and ensuring that the court's resources were not expended on matters that no longer presented a live controversy. The court held that in such circumstances, it was in the interest of justice to dismiss the objection application and avoid unnecessary proceedings. The court's decision reflected a balanced approach, considering both the rights of native title holders and the practicalities of the legal process. The final orders of the court dismissed the objection application and declared that the application be removed from the list of matters to be heard.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established