Future act determination summary - DO02/48 and DO02/49 

Tribunal file no: DO02/48 and DO02/49
NNTTA no: NNTTA 239 (22 November 2002)
Application type: Objection
State or Territory: Northern Territory
Determination parties: Kathleen Parry, Albert Myoung, Paddy Huddlestone, & Marjorie Foster on behalf of the Wagiman, Ngangiwumeri, Malak Malak and Kamu Peoples
- and -
April Bright, Pavalina Henwood & Ann Majar on behalf of the Mak Mak Maranunggu and Werat Groups (native title parties)
- and -
Falconbridge (Australia) Pty Ltd (grantee party)
- and -
Northern Territory Of Australia (Government party)
Tribunal member: Mr John Sosso (Member)
Decision/Determination date: 22/11/2002
Matters considered: An Inquiry into Expedited Procedure Objection Applications.
Type of Decision or Determination: Objection - Expedited Procedure Applies
Hearing date: 30/08/2002
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 of the Northern Land Council
Grantee Party: Mr Neil Provins

Catch words: Native title — future act — proposed grant of exploration licences — expedited procedure objection applications - parties contentions — Land Claim Reports — Aboriginal communities — recorded or registered sites — previous exploration/mining activity — legal principles — whether act directly interferes with community or social activities — whether act interferes with areas and sites of particular significance — no likelihood of major disturbance to land or waters — protection under existing legislation — an act which attracts the expedited procedure
Legislation considered: Mining Act (NT) s 166;Mining Act (NT) s 24;Mining Act (NT) s 24A;Native Title Act 1993 (Cth) s 151;Native Title Act 1993 (Cth) s 154;Native Title Act 1993 (Cth) s 155;Native Title Act 1993 (Cth) s 237;Native Title Act 1993 (Cth) s 29;Native Title Act 1993 (Cth) s 32;Northern Territory Aboriginal Sacred Sites Act (NT) s 33;Northern Territory Aboriginal Sacred Sites Act (NT) s 34;Northern Territory Aboriginal Sacred Sites Act (NT) s 35;Northern Territory Aboriginal Sacred Sites Act (NT) s 36;Northern Territory Aboriginal Sacred Sites Act (NT) s 37
Cases cited: Allan Griffiths/Northern Territory/BHP Billiton Minerals Pty Ltd DO01/100, unreported, Member Sosso, 5 July 2002

Andy Andrews & Ors/Exploration & Resource Development Pty Ltd/Northern Territory DO01/123-125, unreported, Member Sosso, 19 August 2002

Angus Riley and May Foster/Northern Territory/Rodney Johnston and Motoo Sukurai DO01/70-71, unreported, Deputy President Franklyn, 17 April 2002

Charlie Lapthorne & Ors on behalf of the Thudgari People/Western Australia/Global Stone Group Inc WO01/581, unreported, Deputy President Franklyn, 13 November 2002

Don Rory and Roy Dixon/Northern Territory/Astro Mining NL DO01/110-111, unreported, Deputy President Franklyn, 10 May 2002

Gabriel Hazelbane & Ors/Northern Territory/Rodney Johnston DO01/40-41, unreported, Deputy President Franklyn, 27 March 2002

Kathleen Parry & Ors/Buchanan Exploration Pty Ltd/Northern Territory DO01/139, unreported, Member Sosso, 21 October 2002

May Rosas/BHP Billiton Minerals Pty Ltd/Northern Territory DO01/98, unreported, Member Sosso, 25 June 2002

Michael Page/Norman Sydney McCleary/Northern Territory DO01/78, unreported, Member Sosso, 3 May 2002

Moses Silver/Ashton Exploration Pty Ltd/Northern Territory DO01/13, unreported, Member Sosso, 1 February 2002

Smith v Western Australia (2001) 108 FCR 442

Violet Drury & Ors/Western Australia/Bywood Holdings WO01/111, unreported, Deputy President Franklyn, 20 August 2002

Ward v Western Australia (1996) 69 FCR 208

Western Australia v Smith (2000) 163 FLR 32

Wik Peoples v Queensland (1996) 187 CLR 1

Wilma Freddie/Western Australia/Stephen Grant Povey WO99/882, unreported, Member Stuckey-Clarke, 19 December 2001

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_48andDO02_49Determination22112002.pdf


Was this information useful? Email comments to enquiries@nntt.gov.au