Future act determination summary - DO02/45 and DO02/46

Tribunal file no:	DO02/45 and DO02/46
NNTTA no:	NNTTA 256 (24 December 2002)
Application type:	Objection
State or Territory:	Northern Territory
Determination parties:	Gabriel Hazelbane and Ors on behalf of the Warai and Angwinmil Peoples (DO02/45) (Native Title Party) - and - Gabriel Hazelbane and Ors on behalf of the Wagiman, Warai and Jawoyn Peoples (DO02/46) (Native Title Party) - and - Imperial Granite and Minerals Pty Ltd (Grantee Party) - and - Northern Territory of Australia (Government Party)
Tribunal member:	Professor Douglas Williamson QC (Member)
Decision/Determination date:	24/12/2002
Matters considered:	Inquiry into expedited procedure objection applications
Type of Decision or Determination:	Objection - Expedited Procedure Applies
Hearing date:	26/08/2002
Representatives (including counsel and solicitors):	Government Party: Mr Daniel Lavery, Solicitor for the Northern Territory. Native Title Party: Mr Angus Frith of Counsel, instructed by Mr Mark Rumler, Solicitor for the Northern Land Council. Grantee Party: Mrs Sandra Johnson, Director, Capricorn Mapping and Mining Title Services.
Catch words:	Native title — future act — proposed grant of exploration licence — expedited procedure objection application — government party's application for dismissal of DO02/45 for want of evidence — reliance on evidence in DO02/46 — whether Tribunal has power to dismiss DO02/45 — standing of objectors and nature of objections — application of section 237 criteria — indivisibility of determination as to proposed act and licence area — rejection of dismissal application — whether act is likely to have any of the consequences specified in s 237 of the Native Title Act 1993 (Cth) — evidence does not support objections in either DO02/45 or DO02/46 — determination that the grant of exploration licence is an act attracting the expedited procedure
Legislation considered:	Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) s 3;Mining Act 1980 (NT) s 166;Mining Act 1980 (NT) s 24;Mining Act 1980 (NT) s 24A;Mining Amendment Act 2001 (NT) s 14;Native Title Act 1993 (Cth) s 237;Native Title Act 1993 (Cth) s 29;Native Title Act 1993 (Cth) s 32
Cases cited:	Ward v Western Australia (1996) 69 FCR 208 Dann v Western Australia (1997) 74 FCR 391 Smith v Western Australia (2001) 108 FCR 442 Little v Western Australia (2001) FCA 1706 Cheinmora v Striker Resources NL (1996) 142 ALR 21 Western Australia/Winnie McHenry, NNTT WO98/125, Deputy President Franklyn, 28 July 1999 Moses Silver and Others/Ashton Exploration Australia Pty Ltd/Northern Territory, NNTT DO01/13, Member Sosso, 1 February 2002 Michael Page/Arafura Resources NL/Northern Territory, NNTT DO01/21, Member Sosso, 1 February 2002 George Huddlestone and Others/Stephen Darryl Moffatt/Northern Territory, NNTT DO01/19, Member Sosso, 1 February 2002 Gabriel Hazelbane and Others/Northern Territory/Rodney Johnston, NNTT DO01/40 and DO01/41, Deputy President Franklyn QC, 27 March 2002 Roy Dixon and Peggy Mawson on behalf of the Gurdanji Karranjini People and Others/Northern Territory/Ashton Mining and Anor, NNTT DO01/140, DO02/16, 17, 20 and 27, Member Sosso, 15 April 2002 Billy Coolibah and Others/Ashton Mining Ltd/Northern Territory, NNTT DO01/60, Member Williamson QC, 15 July 2002 Arthur Que Noy and Others/Robert Michael Biddlecombe/Northern Territory, NNTT DO01/114, Member Sosso, 19 July 2002 Anges Limmerick/Pilbara Chemical Corporation NL and Rare Earths and Minerals Pty Ltd/Northern Territory, NNTT DO01/47, Member Williamson QC, 5 August 2002 Andy Andrews and Others/Northern Territory/Exploration and Resource Development Pty Ltd, NNTT DO01/123, 124 and 125, Member Sosso, 19 August 2002 Billy Coolibah and Others/Ashton Mining Ltd/Northern Territory, NNTT DO01/57, Member Williamson QC, 21 October 2002 Billy Coolibah and Others/Ashton Mining Ltd/Northern Territory, NNTT DO01/61, Member Williamson QC, 5 December 2002

Determination document

The attached document may not be an exact copy of the original. Dummy cover sheets have been added to determinations made before 1997 to enable fast searches. The cover sheet will also be updated with the appropriate citation when a case has been reported but no amendment is made to the case citations within the text of individual determinations. Detailed reasons for determination are not generally published with consent determinations relating to the expedited procedure.

Download as PDF:	DO02_45andDO02_46Determination24122002.pdf

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