Wilma Freddie on Behalf of the Wiluna Claimants (WC99/24)/Western Australia/Cullen Exploration Pty Ltd

[2002] NNTTA 47

NATIONAL NATIVE TITLE TRIBUNAL  

Wilma Freddie on behalf of the Wiluna claimants (WC99/24)/Western Australia/Cullen Exploration Pty Ltd, [2002] NNTTA 47 (15 April 2002)

Application No:        WF02/2

IN THE MATTER of the Native Title Act 1993 (Cwlth)

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IN THE MATTER of an inquiry into a Future Act Determination Application

Wilma Freddie on behalf of the Wiluna claimants (WC99/24) (Native Title Party)

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The State of Western Australia (Government Party)

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Cullen Exploration Pty Ltd (Grantee Party)

FUTURE ACT DETERMINATION

Tribunal:  Hon CJ Sumner, Deputy President
Place:  Perth

Date:  15 April 2002

Catchwords:    Native title - future act - application for determination for the grant of exploration licences - consent determination that the acts may be done.

Legislation:  Native Title Act 1993 (Cth), ss 35, 38

Cases:Monkey Mia Dolphin Resort Pty Ltd/Western Australia/Albert Darby Winder and others, NNTT WF01/2, Hon C J Sumner, 22 June 2001

Hearing Dates:                 15 April 2002

Representative of the

native title party:            Ms Kellie Hill, Ngaanyatjarra Council

Representatives of the

Government party          Mr Rod Wahl (Crown Solicitor’s Office) and Ms Jo Madin, Department of Mineral and Petroleum Resources

Solicitor for the

grantee party:                 Ms Jean Bursle, Blake Dawson Waldron, solicitors

Representative of the

grantee party:                 Mr Simon Williamson, WMC Resources

REASONS FOR FUTURE ACT DETERMINATION

1. On 16 June 1999, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) (‘the Act’) of a future act namely the grant of exploration licences E53/818 and E53/837, under the Mining Act 1978 (WA) to Cullen Exploration Pty Ltd (‘the grantee party’).

2. The native title party in respect of these proceedings is:

• Wilma Freddie on behalf of the Wiluna People (WC99/24).

1. On 29 November 2001, the grantee party requested the Tribunal to mediate among the parties to assist in obtaining agreement about the doing of the act. I was appointed mediator and on 19 March 2002 the parties reached agreement. The outcome of the mediation was advised to all parties by the Tribunal. All parties indicated their consent to a determination that the future act may be done without conditions. This was agreed to on the basis that although a heritage agreement had been signed by three of the claimants who were authorised to do so by the claimant group at a meeting of Wiluna claimants held on 13 March 2002, there were 15 registered native title claimants in relation to the claim whose signatures to an agreement under s 31(a State Deed) would probably take at least 8 weeks to obtain. Initially the agreement was confined to exploration licence E53/818 as there was another native title party (the Wutha people, Claim No WC99/10) in relation to E53/837. It is the normal practice of the Tribunal that a Member who conducts a mediation under s 31 of the Act does not conduct a future act determination inquiry under s 35 in relation to the same tenement. In this case, as the outcome of the mediation was agreement to resolve the matter by a consent determination, no party objected to my constituting the Tribunal for the purpose of this inquiry and determination.

2. On 19 March 2002, being a date more than six months after the s 29 notice was given, Wilma Freddie on behalf of the Wiluna claimants (WC99/4) made an application pursuant to s 35 of the Act for a future act determination under s 38 in relation to E53/818. The application sought a determination by consent of all parties. By letter dated 8 April 2002, the native title party sought an amendment of the application to add exploration licence E53/837 as the grantee party had agreed to excise from that tenement, the areas covered by the Wutha claim. I allowed this amendment to be made.

3. The Tribunal has power to make a determination with the consent of the parties and it will normally be appropriate to do so where the parties (and particularly the native title party) are legally represented and those representatives have advised the Tribunal of the consent.  The Tribunal will hear the parties to satisfy itself that the consent determination is appropriate (Monkey Mia Dolphin Resort Pty Ltd/Western Australia/Albert Darby Winder and others, NNTT WF01/2, Hon C J Sumner, 22 June 2001).

4. On 15 April 2002 the Tribunal conducted a hearing. All parties confirmed that they agreed to the outcomes of the mediation and consented to a determination that the act may be done without conditions. The native title party was represented by Ms Kellie Hill of the Ngaanyatjarra Council, a recognised Native Title Representative Body under the Act, who was acting on instructions from solicitors involved in the matter; the Government party by Mr Rod Wahl, Managing Law Clerk of the Crown Solicitors Office; and the grantee party by Ms Jean Bursle of Blake Dawson Waldron Solicitors and Mr Simon Williamson of WMC Resources. WMC Resources were authorised to act on behalf of Cullen Exploration Pty Ltd. The reasons for a consent determination being sought were, as specified in the outcomes of the mediation, that the parties had reached an agreement but the practicalities of obtaining all 15 claimant signatures to the agreement would take at least two months which was a delay that the parties wished to avoid.

5. The parties are all legally represented and there is nothing in the facts of this matter which makes a consent determination inappropriate.

Determination

1. By consent the determination of the Tribunal is that the acts, namely the grant of exploration licences E53/818 and E53/837 to Cullen Exploration Pty Ltd, may be done.

Hon CJ Sumner
Deputy President

15 April 2002