Hamersley Iron Pty Ltd/Gordon Yuline, David Stock and Raymond Drage on Behalf of the Nyiyaparli People (WC99/4- Nyiyaparli People)/Western Australia

[2001] NNTTA 120

NATIONAL NATIVE TITLE TRIBUNAL 

Hamersley Iron Pty Ltd/Gordon Yuline, David Stock and Raymond Drage on behalf of the Nyiyaparli People (WC99/4)/Western Australia, [2001] NNTTA 120 (25 October 2001)

Application No:        WF01/10

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

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IN THE MATTER of an inquiry into a Future Act Determination Application

Hamersley Iron Pty Ltd  (Applicant / Grantee party)

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Gordon Yuline, David Stock and Raymond Drage on behalf of the Nyiyaparli People (WC99/4- Nyiyaparli People)  (Native title party)

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The State of Western Australia  (Government party)

FUTURE ACT DETERMINATION

Tribunal:         Hon C J Sumner, Deputy President
Place:               Perth

Date:                25 October 2001

Catchwords:    Native title - future act - application for determination for the grant of exploration licence - consent determination that the act may be done.

Legislation:     Native Title Act 1993 (Cth), ss 35, 38

Cases:Monkey Mia Dolphin Resort Pty Ltd/Western Australia/Albert Darby Winder and others, NNTT WF01/2, Hon C J Sumner, 22 June 2001

REASONS FOR FUTURE ACT DETERMINATION

1. On 8 September 1999, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) (‘the Act’) of a future act namely the grant of exploration licence E46/445, under the Mining Act 1978 (WA) to Hamersley Iron Pty Ltd (‘the grantee party’).

2. The native title party  in respect of these proceedings is:

• Gordon Yuline, David Stock and Raymond Drage on behalf of the Nyiyaparli people (WC99/004)

1. On 17 October 2001, being a date more than six months after the s 29 notice was given, the grantee party made an application pursuant to s 35 of the Act for a future act determination under s 38.

2. In the application the applicant, through its representative Mr Mike Fitzpatrick of Rio Tinto Exploration Pty Ltd, requested the Tribunal to make a determination with the consent of all parties.  The other parties through their representatives, Mr Jeremy Ryan of the Pilbara Native Title Service for the native title party and Mr Philip Boyland of the Department of Mineral & Petroleum Resources for the Government party, have consented to the determination in the terms sought.

3. The Tribunal has power to make a determination with the consent of the parties and it will normally be appropriate to do so where the parties (and particularly the native title party) are legally represented and those representatives have advised the Tribunal of the consent.  The Tribunal will hear the parties to satisfy itself that the consent determination is appropriate (Monkey Mia Dolphin Resort Pty Ltd/Western Australia/Albert Darby Winder and others, NNTT WF01/2, Hon C J Sumner, 22 June 2001).

4. On 25 October 2001 the Tribunal conducted a hearing.  The reasons for a consent determination being sought were:

• The grantee party and the native title party reached agreement in 1999 for the conduct of archaeological and ethnographic surveys.  These surveys were duly completed in 1999 and 2000 respectively.

• The Pilbara Native Title Service has recently conducted a meeting on site with the native title party, at which the native title party consented to the grant of the exploration licence.

• All parties have signed a draft form of consent determination outlining their agreement that the act, being the grant of Exploration Licence 46/445 to Hamersley Iron Pty Ltd, may be done.

• The native title party has agreed with the grantee party that a further heritage survey will be carried out if there is to be exploration in areas not already covered by the existing surveys.

• Further, the grantee party has given an undertaking not to do any work outside the already cleared areas unless a further heritage survey is carried out, noting that it has no current intention to undertake further exploration work.

• The native title party is legally represented and there is nothing in the facts of this matter which makes a consent determination inappropriate.

Determination

1. By consent the determination of the Tribunal is that the act, namely the grant of exploration licences E46/445 to Hamersley Iron Pty Ltd, may be done.

Hon C J Sumner
Deputy President

25 October 2001