Merle Forrest & Others on behalf of Central East Goldfields People/Western Australia/Kanowna Mines Ltd

[2009] NNTTA 178

NATIONAL NATIVE TITLE TRIBUNAL

Merle Forrest & Others on behalf of Central East Goldfields People/Western Australia/Kanowna Mines Ltd, [2009] NNTTA 178 (24 December 2009)

Application Nos:             WO08/504, WO08/505, WO08/506, WO08/507, WO08/508, WO08/509

IN THE MATTER of the Native Title Act1993 (Cth)

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IN THE MATTER of inquiries into expedited procedure objection applications

Merle Forrest & Others on behalf of Central East Goldfields People (WC99/30)
(native title party)

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The State of Western Australia (Government party)

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Kanowna Mines Ltd (grantee party)

DETERMINATION THAT THE ACT IS AN ACT ATTRACTING THE EXPEDITED PROCEDURE

Tribunal:  Hon C J Sumner, Deputy President

Place:  Perth
Date:  24 December 2009

Catchwords:  Native title – future act – proposed grant of prospecting licences – expedited procedure objection applications – Government party to impose condition requiring grantee party to execute Regional Standard Heritage Agreement – consent determination that the expedited procedure is attracted.

Legislation:  Native Title Act 1993 (Cth), ss 29

Representative of the     

native title party:            Mr Andre Maynard, Goldfields Land and Sea Council

Representatives of the     Mr Greg Abbot, Department of Mines and Petroleum

Government party:         Ms Claire Malavaux, Department of Mines and Petroleum

Representative of the     Ms Denice Johns,

grantee party:                Hetherington Exploration and Mining Title Services Pty Ltd

REASONS FOR DETERMINATION

1. On the 27 February 2008, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) (‘the Act’) of its intention to grant prospecting licences P27/1873, P27/1897, P27/1898, P27/1899, P27/1900 and P27/1901 (‘the proposed licences’) to Kanowna Mines Ltd (‘the grantee party’) and included in the notice a statement that it considered the grants attracted the expedited procedure (that is, one which can be done without the normal negotiations required by s 31 of the Act).

2. On 25 June 2009, Merle Forrest & Others on behalf of Central East Goldfields People - Native Title Claim No. WC99/30 registered on 4 October 1999 (‘the native title party’) made expedited procedure objection applications to the Tribunal in relation to the proposed licences.

3. On 16 December 2009 the Government party advised it intends to place the following condition on the grant of each of the proposed licences:

   ‘In respect of the area covered by the licence the Licensee, if so requested in writing by the Central East Goldfields People, the applicants in Federal Court application no. WAD 70 of 1998 (WC99/30), such request being sent by pre-paid post to reach the Licensee's address, c/- Post Office Box 8249, Perth Business Centre, Perth WA 6849 not more than ninety days after the grant of this licence, shall within thirty days of the request execute in favour of the Central East Goldfields People the Regional Standard Heritage Agreement endorsed by peak industry groups and the Goldfields Land and Sea Council.’

On the basis of this condition, on 22 December 2009 the native title party consented to a determination by the Tribunal that the expedited procedure should apply to the proposed licences.  The Government and grantee parties have also each consented to such a determination.

CONSENT DETERMINATION

1. By consent the determination of the Tribunal is that the grant of prospecting licences P27/1873, P27/1897, P27/1898, P27/1899, P27/1900 and P27/1901 to Kanowna Mines Ltd are acts attracting the expedited procedure.

Hon C J Sumner
Deputy President
24 December 2009