NATIONAL NATIVE TITLE TRIBUNAL
Wilma Freddie and Others on behalf of Wiluna/Newmont Yandal Operations Pty Ltd/ Western Australia, [2005] NNTTA 47 (14 July 2005)
Application Nos: WF05/3, WF05/4 and WF05/5
IN THE MATTER of the Native Title Act 1993 (Cth)
- and -
IN THE MATTER of an inquiry into Future Act Determination Applications
Wilma Freddie and Others on behalf of Wiluna (WC99/24) (Applicant/native title party)
- and -
Newmont Yandal Operations Pty Ltd (grantee party)
- and -
The State of Western Australia (Government party)
FUTURE ACT DETERMINATION
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date: 14 July 2005
Catchwords: Native title – future acts – application for determination for the grant of mining lease – application for determination for the grant of exploration licence – application for determination for the grant of prospecting licence – named native title applicants not signed state deed – existing regional agreement - native title party consents to the determination – consent determination that the acts may be done.
Legislation:Native Title Act 1993 (Cth), ss 35, 38, 109, 203B, 203BB, 203BC
Cases:Monkey Mia Dolphin Resort Pty Ltd v Western Australia [2001] NNTTA 50; (2001) 164 FLR 361
Hearing date: 14 July 2005
Counsel for the Wiluna Mr Malcolm O'Dell, Ngaanyatjarra Council (Aboriginal
native title party: Corporation)
Counsel for the
grantee party: Ms Sandra Brown, Gadens Lawyers
Representatives of the Rod Wahl, State Solicitor’s Office
Government party: Janice Goodwin, Department of Industry & Resources
REASONS FOR FUTURE ACT DETERMINATION
Background
On 5 December 1997, 11 June 1999 and 15 December 2004 respectively the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) (‘the Act’) of future acts namely the grant of the following tenements under the Mining Act 1978 (WA) (‘proposed tenements’):
Prospecting Licence P53/986 to Great Central Mines Ltd (WF05/3).
Exploration Licence E53/814 to Great Central Mines Ltd (WF05/4).
Mining Lease M53/534 to Australian Metals Corporations Pty Ltd, Hunter Resources Pty Ltd and Eagle Mining Pty Ltd (WF05/5).
Three changes of name were registered on 27 June 2000, 23 April 2002 and 23 June 2003; from Great Central Mines Ltd to Normandy Yandal Operations Limited to Newmont Yandal Operations Limited to Newmont Yandal Operations Pty Ltd respectively. Australian Securities and Investments Commission (ASIC) current company extract results dated 23 June 2005 note that Australian Metals Corporations Pty Ltd, Hunter Resources Pty Ltd and Eagle Mining Pty Ltd are through other companies wholly owned by Newmont Yandal Operations Pty Ltd (‘the grantee party’).
All proposed tenements are situated in the Shire of Wiluna and the area, location and percentage to which each of the proposed tenements overlap the Wiluna native title claim is as follows:
P53/986 – 14.68 hectares, 60 kilometres east of Wiluna; 100% overlap;
E53/814 – 30.58 square kilometres, 84 kilometres east of Wiluna; 3.48% overlap;
M53/534 – 728.09 hectares, 132 kilometres north east of Leinster; 100% overlap.
The native title party in respect of these proceedings are Wilma…
Continue reading Wilma Freddie and Others on behalf of Wiluna/Newmont Yandal...
Sign in free to access the full text
- AGLC
- Wilma Freddie and Others on behalf of Wiluna/Newmont Yandal Operations Pty Ltd/ Western Australia [2005] NNTTA 47
- Case
- [2005] NNTTA 47
- Decision Date
CaseChat Overview and Summary
The legal issues at the heart of this case revolved around the interpretation and application of native title laws, specifically regarding the consent of non-signatory native title parties and the implications of regional agreements. The court needed to determine whether the consent of a non-signatory party, as outlined in a regional agreement, could suffice for the grant of mining and related licences, and if so, under what conditions and implications this consent held.
The Federal Court examined the relevant statutory provisions and case law, finding that the consent of the non-signatory native title party, as expressed through the regional agreement, was valid and binding. The court held that the consent provided a clear and sufficient basis for the determination that the future acts could proceed, taking into account the protections and rights of native title holders as per the Native Title Act 1993. Consequently, the court issued a consent determination allowing the granting of the mining, exploration, and prospecting licences as applied for.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.