Sunstate Sands Bundaberg Pty Ltd v First Nations Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda People Aboriginal Corporation RNTBC

The National Native Title Tribunal was asked to decide whether it had the power to conduct an inquiry into a future act determination application lodged by Sunstate Sands Bundaberg Pty Ltd, in relation to a mining lease grant. The first issue was whether the Tribunal could make a determination in relation to the future act of granting the mining lease to Sunstate Sands. The second issue was whether Sunstate Sands negotiated in good faith with the First Nations Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda People Aboriginal Corporation RNTBC (native title party). If the Tribunal found Sunstate Sands did not negotiate in good faith, it could not make a determination on the future act. The Tribunal found that Sunstate Sands did not negotiate in good faith with the native title party. The Tribunal found Sunstate Sands’ failure to provide information regarding the cultural heritage management plan (CHMP) and financial information to the native title party was unreasonable and unexplained. The Tribunal found Sunstate Sands’ failure to provide information to the native title party impeded their ability to meaningfully negotiate. The Tribunal found the conduct of Sunstate Sands was unreasonable and therefore not in good faith. The Tribunal concluded it did not have the power to make a determination on the future act determination application as Sunstate Sands did not negotiate in good faith. The Tribunal dismissed the future act determination application.