Future act determination summary - WF02/14
| Tribunal file no: |
WF02/14 |
| NNTTA no: |
NNTTA 114 (26 June 2002) |
| Application type: |
Future act determination |
| State or Territory: |
Western Australia |
| Determination parties: |
The State of Western Australia (Government Party)
- and -
Jidi Jidi Aboriginal Corporation (WAG 72-75 of 1998) (Native Title Party)
- and -
Paladin Resources Ltd (Grantee Party) |
| Tribunal member: |
Hon Christopher Sumner (Deputy President) |
| Decision/Determination date: |
26/06/2002 |
| Matters considered: |
Future Act Determination Application |
| Type of Decision or Determination: |
Future Act - Can be done |
| Representatives (including counsel and solicitors): |
Counsel for the Government party: Mark DiRenzo,Crown Solicitors Office
Counsel for the native title party: Frances Flanagan,Yamatji Barna Baba Maaja Aboriginal Corporation
Representative of the grantee party: John Borshoff,Paladin Resources Ltd |
| Catch words: |
Native title -future act - application for determination in relation to the grant of exploration licences - native title party a registered native title body corporate - requirements for consultation with native title holders on native title decision - consent determination not possible - evidence appended to application - normal inquiry directions dispensed with - nature of exploration licence - weighing of criteria in s 39(1)(a) of Native Title Act - determination that the act may be done. |
| Legislation considered: |
Native Title Act 1993 (Cth) s 253;Native Title Act 1993 (Cth) s 29;Native Title Act 1993 (Cth) s 30;Native Title Act 1993 (Cth) s 35;Native Title Act 1993 (Cth) s 38;Native Title Act 1993 (Cth) s 39 |
| Cases cited: |
Western Australia v Thomas (Waljen) (1996) 133 FLR 124
Evans v Western Australia (1997) 77 FCR 193
WMC Resources Ltd/State of Western Australia/Evans, NNTT WF99/4, 23 December 1999
Kevin Peter Walley & Ors (Ngoonoru Wadjari People) and Robin Boddington & Ors (Wajarri Elders)/Western Australia/Giralia Resources NL, NNTT WO01/179 & WO01/180, Hon C J Sumner, 8 March 2002
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Determination document
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