Pandawn application in the Midwest fails registration test 

National Native Title Tribunal Registrar Chris Doepel today announced the Pandawn application by Mr Neil Phillips had been unsuccessful in meeting all the criteria in the registration test.

Mr Doepel said the external boundaries of the claim extended to 166,000 square kilometres, centred on the State's Mid West. However large areas of land within those boundaries, including all freehold land, was not subject to the application.

The application failed on six grounds including that it did not demonstrate traditional physical association with the area claimed and did not show that the applicants had maintained native title in accordance with any traditional laws and customs.

Mr Doepel said the test, introduced as part of amendments to the Native Title Act in 1998, determined which native title applicants had the right to have a say over proposed mining, exploration and some other developments in the area where their native title application was pending.

"The Tribunal's decision means that the Pandawn applicants will lose the right to have a say over certain developments within the boundaries of the application," he said.

"However, failing the registration test does not mean that the native title application is effectively cancelled. The indigenous people can still work to prove the merits of their application to other people with interests in the land, but they will have no say over developments in the mean time."

Mr Doepel said the Tribunal encouraged mediation as the best way forward for indigenous people, State Governments, local authorities, miners, pastoralists and other interest holders to reach voluntary agreements and finally settle native title applications.

To date, the registration test had been applied to 28 native title applications in Western Australia, 15 of which had passed and 13 were unsuccessful.

Mr Doepel said the applicants could appeal the Tribunal's decision.