Millennium Minerals Limited/Johnson Taylor and Others on behalf of Njamal/Western Australia

[2011] NNTTA 122

NATIONAL NATIVE TITLE TRIBUNAL

Millennium Minerals Limited/Johnson Taylor and Others on behalf of Njamal/Western Australia, [2011] NNTTA 122 (30 June 2011)

Application No:                 WF11/5

IN THE MATTER of the Native Title Act1993 (Cth)

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IN THE MATTER of an inquiry into a future act determination application

Millennium Minerals Limited

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The State of Western Australia

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Johnson Taylor and Others on behalf of Njamal (WC99/8)

DECISION TO DISMISS S 35 FUTURE ACT DETERMINATION APPLICATION

Tribunal:  Helen Shurven, Member
Place:  Perth
Date:  30 June 2011

Catchwords: Native title – future act – application for determination for the grant of mining lease – parties executed State Deed – Tribunal has no jurisdiction – dismissal s148(a).

Legislation:Native Title Act1993 (Cth) ss 29, 35, 38, 148(a)

Mining Act 1978 (WA)

Representatives of the       Ms Maimbo Chilala, Pilbara Native Title Service

native title party:               Mr Colin McKellar, Pilbara Native Title Service

Representative of the

grantee party:  Mr Simon Pooley, Millennium Minerals Limited

Representatives of the       Ms Faye Mitchell, Department of Mines and Petroleum
Government party:           Mr Rod Wahl, State Solicitors Office

REASONS FOR DISMISSAL

Background

1. On the following dates, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) (the ‘Act’) of a future act, namely, the grant of Mining Leases (‘the proposed tenements’) under the Mining Act1978 (WA) to Wedgetail Exploration NL:

   • 10 August 2005 - M46/273, M46/274, M46/282 and M46/302;
   • 14 December 2005 - M46/446; and
   • 12 March 2008 – M46/431 and M46/433.

2. Government party quick appraisal documents submitted with the future act determination application in this matter show that Millennium Minerals is now the holder/applicant for these tenements (‘the grantee party’).

3. The native title party in respect of this matter is Johnson Taylor and others on behalf of Njamal (WC99/8 – registered from 3 June 1999) (‘the native title party’).

4. Each of the proposed tenements is entirely overlapped by the registered claim of the native title party. The proposed tenements range from between 2.01 and 9.56 square kilometres in size and are located between 13 and 36 kilometres east of Nullagine, in the East Pilbara Shire.

5. On 4 April, 2011, being a date more than six months after the s 29 notices were given, an application was made pursuant to s 35 of the Act for a future act determination under s 38 in relation to the proposed tenements. The application requested that the future act determination be made by consent.

6. At a preliminary conference on 19 April 2011, the grantee party and native title party advised that they intended to finalise this matter by executing a State Deed.

7. On 17 May 2011 the Government party informed the Tribunal that a Deed for the Grant of Mining Tenement has been executed in respect of the proposed tenements and included a copy of the State Deed.

8. As a State Deed has been executed in respect of the proposed tenements, the Tribunal no longer has jurisdiction to deal with the future act determination application.

Determination

1. The application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member

30 June 2011