Future act determination summary - WO02/290, WO02/457
| Tribunal file no: |
WO02/290, WO02/457 |
| NNTTA no: |
NNTTA 38 (26 February 2003) |
| Application type: |
Objection |
| State or Territory: |
Western Australia |
| Determination parties: |
Bruce Monadee and Others on behalf of the Ngarluma Indjibarndi
- and -
Wilfred Hicks on behalf of the Wong-goo-tt-oo People (native title parties)
- and -
The State of Western Australia (government party)
- and -
Cossack Resources Pty Ltd (grantee party) |
| Tribunal member: |
Mr John Sosso (Member) |
| Decision/Determination date: |
26/02/2003 |
| Matters considered: |
Inquiry into expedited procedure objection applications |
| Type of Decision or Determination: |
Objection - Expedited Procedure Does Not Apply |
| Hearing date: |
23 January 2003 |
| Representatives (including counsel and solicitors): |
Mr Michael Ryan, Pilbara Native Title Service (Ngarluma Indjibarndi) and Mr Grantham Kitto, Kitto & Kitto Barristers & Solicitors (Wong-goo-tt-oo) (native title parties)
Mr Greg Abbott, Department of Mineral & Petroleum Resources (government party)
Mr Michael Shemmessian, Cossack Resources Pty Ltd (grantee party) |
| Catch words: |
Native title — future act — proposed grant of prospecting licence — expedited procedure objection applications — legal principles — Aboriginal heritage surveys — evidence — whether act is likely to interfere with the carrying on of community and social activities — objection application upheld |
| Legislation considered: |
Native Title Act 1993 (Cth) s 109;Native Title Act 1993 (Cth) s 151;Native Title Act 1993 (Cth) s 237;Native Title Act 1993 (Cth) s 29;Native Title Act 1993 (Cth) s 44H;Native Title Act 1993 (Cth) s 47 |
| Cases cited: |
Anaconda Nickel Ltd v Western Australia (2000) 165 FLR 116
Kevin Walley & Ors on behalf of the Ngoonooru Wadjari People/Western Australia/Allan Brosnan WO00/427, Member Sosso, 17 August 2001
Little v Western Australia [2001] FCA 1706
Smith v Western Australia (2001) 108 FCR 442
Violet Drury & Ors on behalf of the Nanda People/Western Australia/Giralia Resources NL WO00/93, unreported, Deputy President Franklyn, 17 August 2001
Walley v Western Australia (2002) 169 FLR 437
Ward v Northern Territory (2002) 169 FLR 303
Wilfred Hicks & Ors/Western Australia/Blackjack Resources Pty Ltd WO01/233 and 234, unreported, Deputy President Franklyn, 4 November 2002
Yorta Yorta v Victoria [2002] HCA 58 |
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.