Registration test to be applied sooner to 31 native title applications 

20/10/1998

The National Native Title Tribunal today confirmed that 31 Western Australian native title applications would be put through the stringent new registration test earlier than expected because of the WA Government's decision to grant a series of mining related tenements under the provisions of new native title laws.

Tribunal Acting Registrar Hugh Chevis said the WA Government had advised the Tribunal of its intention to grant 25 mining tenements, mainly in the Goldfields and Mid West, which impacted on 31 existing native title applications.

Under the native title laws which took effect on 30 September, most existing applications would be put through the new registration test to determine whether they retained or lost the right to negotiate over the grant of mining leases, exploration licences and other developments such as land releases.

Mr Chevis said the law specified that existing applications -- of which there were 327 in Western Australia, including those already referred to the Federal Court -- should face the registration test within 12 months.

But the Government's proposal to grant mining related tenements in key areas triggered an acceleration of the registration test. It would now have to be applied to the affected applications within four months.

Some of the individual tenements affected as many as eight native title applications, requiring all of them to face the registration test several months earlier.

Mr Chevis said WA Government notices of intention to grant mining leases, exploration leases or land for other development, known as 'future acts', had declined sharply after the passage of the Wik legislation from an average of around 350 a month to nil in September.

He said the Tribunal would devote additional resources to managing the registration test process given the shortened time frames.

Goldfields applications affected were Koara, Ngurludharra-Waljen, Wutha, Wutha no.2, Harris, Ngadju, Wheelman, Dimer, Pugan family groups, Bullenbuk-Noongar, Waljen people, Tjinintjarra family group, Thithee Birni Bunna Wiya, Yulbarri nomad people, Mugung people, United North East, Nardoo people and Bibila Lungutjarra.

The Miruwung-Gajerrong applications in the Kimberley were affected, as were the Nyiyaparli people's application in the Pilbara.

In the Mid West region, applications affected were Pandawn, Mullewa Wadjari and Widi Mob, while in the South West the Nyungah petroleum, Nannup people, Clara Nobel, Corbett-Noongar, Kevin Miller, Gnaala Karla Booja, Clarrie Ugle-Noongar applications would now face the registration test sooner.

media@nntt.gov.au