IN THE MATTER of an inquiry into a future act determination application
Weld Range Metals Limited (Applicant/grantee party)
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The State of Western Australia (Government party)
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Ike Simpson and Others on behalf of Wajarri Yamatji (WC04/10) (native title party)
SUMMARY
As this matter may be of public interest, the Tribunal has prepared a summary to accompany the determination that is delivered today. However, it must be emphasised that the summary forms no part of the Tribunal’s determination. The only authoritative statement of the Tribunal’s reasons is to be found in the reasons for the determination. This summary is intended to assist in understanding the principal conclusions reached by the Tribunal but is necessarily incomplete. The published reasons for the determination and this summary will be available on the internet at and on
Weld Range Metals Limited/Western Australia/Ike Simpson and Others on behalf of Wajarri Yamatji, [2011] NNTTA 172 (21 September 2011)
Today the National Native Title Tribunal made a determination under s 38 of the Native Title Act 1993 (Cwlth) (NTA) that certain future acts, namely the grant of four mining leases (M51/543-546) to Weld Range Metals Limited, must not be done. Weld Range Metals Limited applied for the leases primarily to mine for chromium and nickel.
The Wajarri Yamatji people have a registered native title determination application over the area concerned and so the registered native title claimant for that application is the native title party in these proceedings. Weld Range Metals Limited (WRML), as the company seeking the grant of the leases, is the grantee party and the State of Western Australia is the Government party.
The Tribunal’s decision is based principally on the special significance of the Weld Range area, which includes the area proposed to be subject to the mining leases, to the Wajarri Yamatji people in accordance with their traditions.
Background of WF10/26
The NTA requires any person or organisation who applies for a mining lease to negotiate in good faith with any registered native title claimants or determined native title holders over the area of the proposed mining lease before it can be granted by the government party.
On 24 September 1997, the government party published a notice in the press advertising its intention to grant the four mining leases sought by WRML, as is required by s 29 of the NTA. This led to negotiations between WRML and the Wajarri Yamatji people’s representatives.
However, negotiations did not lead to an agreement about the grant of the leases and so, on 8 September 2010, WRML applied to the Tribunal for a determination (known as a future act determination) that the future acts concerned (i.e. the grant of the mining leases) could be done.
Before it could consider WRML’s application, the…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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AGLC
Weld Range Metals Ltd v Western Australia [2011] NNTTA 172
Case
[2011] NNTTA 172
Decision Date
CaseChat Overview and Summary
The Weld Range Metals Ltd sought a determination for the grant of mining leases over land subject to native title claims by the Wongkadjerapp People. The dispute was resolved in the Federal Court of Australia. The key issue before the court was whether the mining leases should be granted, considering the native title rights and interests of the Wongkadjerapp People. The court had to balance the economic benefits of the mining project against the cultural and spiritual significance of the Weld Range area to the native title holders.
The court examined various factors under section 39 of the Native Title Act 1993. The significance of the Weld Range area to the Wongkadjerapp People, including the spiritual and cultural importance of the land, was a central consideration. The potential effects on areas of particular significance, such as the quarry sites, were also evaluated. The court took into account the interests, proposals, opinions, and wishes of the native title party, who opposed the mining without an agreement addressing Aboriginal heritage concerns. Furthermore, the court assessed the economic and other significance of the proposed acts, as well as the public interest in carrying out the mining activities.
In reaching its decision, the court concluded that the proposed mining activities would have a detrimental effect on the cultural and spiritual values of the native title holders. The court found that the significance of the Weld Range area to the Wongkadjerapp People outweighed the economic benefits of the mining project. Consequently, the court determined that the mining leases should not be granted, as the acts would impact the native title rights in a manner inconsistent with the holders' rights and interests. The court's decision was grounded in the need to protect the cultural heritage of the native title holders and uphold their native title rights.
The court ordered that the mining leases should not proceed without an agreement that adequately addresses the Aboriginal heritage concerns of the Wongkadjerapp People. The court emphasised the importance of recognising and respecting the native title holders' rights and interests in the decision-making process. The final orders reflected the court's determination that the proposed mining activities must not be done without a comprehensive agreement that protects the cultural and spiritual significance of the Weld Range area for the native title holders.