Madigan Thomas & Others (WC99/37)/Western Australia/Biscay Resources Pty Ltd

NATIONAL NATIVE TITLE TRIBUNAL

Madigan Thomas & Others (WC99/37)/Western Australia/Biscay Resources Pty Ltd, [2000] NNTTA 71 (21 February 2000)

Application: WO99/610

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

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IN THE MATTER of objections to inclusion in an expedited procedure

FUTURE ACT CONSENT DETERMINATION

Madigan Thomas & Others (WC99/37)
(Native Title Party)

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The State of Western Australia
(Government party)

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Biscay Resources Pty Ltd
(Grantee Party)

DETERMINATION

By consent the determination of the Tribunal is that the grant of Exploration Licences 80/2425, 80/2426, 80/2427 to Biscay Resources Pty Ltd is not an act attracting the expedited procedure.

The Hon. C.J. Sumner
Member
21 February 2000

CaseChat Overview and Summary

In this case, the parties involved were Madigan Thomas and others as the Native Title Party, the State of Western Australia as the Government party, and Biscay Resources Pty Ltd as the Grantee Party. The dispute centered around objections to the inclusion of the grant of Exploration Licences 80/2425, 80/2426, and 80/2427 to Biscay Resources Pty Ltd in an expedited procedure under the Native Title Act 1993. The parties sought a future act consent determination regarding these exploration licences. The National Native Title Tribunal was tasked with deciding whether the grant of these exploration licences constituted an act attracting the expedited procedure under the Act.

The legal issues before the Tribunal included whether the grant of the exploration licences to Biscay Resources Pty Ltd qualified as an act attracting the expedited procedure as defined in the Native Title Act 1993. The parties were required to determine whether this act could be subject to an expedited process, and if so, whether there were any valid objections to including it in such a process. Additionally, the Tribunal had to consider the implications of the consent determination on the parties' rights and obligations under the Act.

The Tribunal, after considering the submissions and consent of the parties, concluded that the grant of the exploration licences to Biscay Resources Pty Ltd did not constitute an act attracting the expedited procedure. The Tribunal found that the parties' agreement and the nature of the act did not meet the criteria for expedited consideration. Consequently, the Tribunal determined that the grant of the exploration licences was not subject to the expedited procedure, as per the consent of the parties. The decision was made without the need for a hearing into the merits of the objections, as all parties had agreed on the outcome.

This determination resolved the immediate dispute regarding the applicability of the expedited procedure to the grant of the exploration licences. The final orders reflected the parties' consent, affirming that the grant of Exploration Licences 80/2425, 80/2426, and 80/2427 to Biscay Resources Pty Ltd was not an act attracting the expedited procedure under the Native Title Act 1993.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established