Jack Britten, Shirley Drill, Phyllis Gallagher, Bernard Stretch and Hector Chunda on Behalf of Purnululu (WC94/11)/Glenn Griffin Venn Money/Western Australia

[2002] NNTTA 37

NATIONAL NATIVE TITLE TRIBUNAL 

Jack Britten, Shirley Drill, Phyllis Gallagher, Bernard Stretch and Hector Chunda on behalf of Purnululu (WC94/11)/Glenn Griffin Venn Money/Western Australia, [2002] NNTTA 37 (2 April 2002)

Application No:        WF01/11

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

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

Jack Britten, Shirley Drill, Phyllis Gallagher, Bernard Stretch and Hector Chunda on behalf of Purnululu (WC94/11)  (Native Title Party)

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Glenn Griffin Venn Money  (Grantee Party)

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The State of Western Australia  (Government Party)

FUTURE ACT DETERMINATION

Tribunal:  Hon E.M. Franklyn QC, Deputy President
Place:  Perth

Date:  2 April 2002

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

Representative of the

native title party:            Ms Linda Weatherhead, Kimberley Land Council

Counsel for the               

Government party:         Ms Rhonda Howlett (Crown Solicitor’s Office)

Representative of the

Government party          Ms Maryie Platt, Department of Mineral and Petroleum Resources

Representative of the

grantee party:                 Mr Chris Humphry, Hunt & Humphry

REASONS FOR FUTURE ACT DETERMINATION

1. On 22 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 licences E80/2337, E80/2338, E80/2339, E80/2340 and E80/2341, under the Mining Act 1978 (WA) to Glenn Griffin Venn Money (‘the grantee party’).

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

• Jack Britten, Shirley Drill, Phyllis Gallagher, Bernard Stretch and Hector Chunda on behalf of Purnululu (WC94/11).

1. On 30 November 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. By letter dated 21 March 2002 the grantee, through its representative Mr Chris Humphry of Hunt & Humphry, requested the Tribunal to make a determination with the consent of all parties. The letter advised that the grantee and native title party had reached agreement on the grant of the exploration licences. The grantee further advised that he had signed the agreement on 20 March 2002 and the document had been couriered to the Kimberley Land Council for execution by the native title party on the same day. All parties through their representatives, Ms Linda Weatherhead of Kimberley Land Council for the native title party, Mr Chris Humphry of Hunt & Humphry for the grantee party and Ms Rhonda Howlett (Crown Solicitor’s Office) counsel for the Government party, have advised the Tribunal that the obligations on the Government and grantee parties in s 31(1) of the Act have been fulfilled and of their agreement to a determination in the following terms:

   ‘By consent the determination of the Tribunal is that the grant of exploration licences 80/2337, 80/2338, 80/2339, 80/2340 and 80/2341 to Glennn Griffin Venn Money may be done.’

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 2 April 2002 the Tribunal conducted a hearing. Mr Humphry advised that he had received for stamping the agreement referred to in paragraph [4] duly executed by the native title party. All parties consented to the determination. The native title party was represented by a Legal Officer from the Kimberley Land Council, a recognised Native Title Representative Body under the Act, 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 acts, namely the grant of exploration licences E80/2337, E80/2338, E80/2339, E80/2340 and E80/2341 to Glenn Griffin Venn Money, may be done.

Hon E.M. Franklyn QC
Deputy President

2 April 2002