Jeffrey James & Ors on Behalf of the Martu People (WC96/78)/Western Australia/Straits Exploration (Australia) Pty Ltd

[2000] NNTTA 340

NATIONAL NATIVE TITLE TRIBUNAL 

Jeffrey James & Ors on behalf of the Martu People (WC96/78)/Western Australia/Straits Exploration (Australia) Pty Ltd, [2000] NNTTA 340 (30 October 2000)

Application No: WF00/6

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

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IN THE MATTER of a Future Act Determination Application

Jeffrey James & Ors on behalf of the Martu People (WC96/78) (Native Title Party)
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Minister for Mines, State of Western Australia  (Government party)
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Straits Exploration (Australia) Pty Ltd (Grantee party)

REASONS FOR DETERMINATION

Tribunal:         The Hon C J Sumner
Place:               Perth

Date:                30 October 2000

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

Legislation:     Native Title Act 1993 (Cth), s 38

Cases:Western Australia/Teddy Roberts & Ors (Kariyarra People)/John Skeffington & Ian Duggan, NNTT WF98/274, Hon CJ Sumner, 11 December 1998

REASONS FOR FUTURE ACT DETERMINATION

1. The Government party has given notice of its intention to grant exploration licence 45/1839 under the Mining Act 1978 (WA) to Straits Exploration (Australia) Pty Ltd (‘the grantee party’). Jeffrey James and others are the registered native title claimants over the area of the proposed exploration licence by virtue of native title determination application WC96/78 and are the ‘native title party’ in these proceedings. On 13 September 2000, the native title party applied to the Tribunal, pursuant to s 35 of the Native Title Act 1993 (Cth), for a future act determination. At the same time the native title party requested the Tribunal to make a consent determination that the act may be done. It filed a document entitled ‘Consent to a determination under Section 38 of the Native Title Act’ which has now been signed by all parties and which:

• acknowledges that the Government party has complied with s 31(1)(a) of the Native Title Act and that the Government party, grantee party and native title party have complied with the requirements of s 31(1)(b) of the Native Title Act; and

• contains the consent of all parties to a determination that the act may be done.

1. At a Preliminary Conference convened to consider the application, the solicitor for the native title party Mr Malcom O’Dell of Dwyer Durack informed the Tribunal that he was satisfied that he was properly instructed by the applicants to consent to the determination sought by them.  The Government party advised that it was satisfied that a consent determination was appropriate as long as the native title party was satisfied that it had the consent of all the native title parties.

The Tribunal has previously agreed to make a consent determination in similar circumstances (Western Australia/Teddy Roberts & Ors (Kariyarra People)/John Skeffington & Ian Duggan, NNTT WF98/274, Hon CJ Sumner, 11 December 1998).  In that matter the Tribunal said that consent conveyed by solicitors for the parties would normally be a sufficient basis for the Tribunal to make a determination but it may be aware of circumstances which required the production of additional evidence.  There are no circumstances in this case which would cause the Tribunal not to act on the advice to it from the native title party’s solicitors.

Determination

1. By consent the determination of the Tribunal is that the act (that is, the grant of exploration licence 45/1839 to Straits Exploration (Australia) Pty Ltd) may be done.

The Hon C J Sumner

Deputy President

30 October 2000