The National Native Title Tribunal has rejected a submission by lawyers for Goldfields native title applicants that the Western Australian Government did not act in good faith in negotiations over the grant of a mining lease 40 kilometres north of Kalgoorlie to two small scale miners.
Tribunal Registrar Mr Chris Doepel today said the submission was made by lawyers representing the Maduwongga people following the breakdown of negotiations and an application by the State Government for the Tribunal to arbitrate the matter.
Mr Doepel said Tribunal Member Mr Kim Wilson had ruled that the State Government had done everything possible to progress the negotiations and rejected the submission by the Maduwongga people.
Mr Wilson's decision said in part: "The issue in this matter comes down to a question of whether the assertion by the native title parties that they would not proceed with any form of negotiation until the grantee party (the miners) signed a confidentiality clause was a basis which could constitute failure to comply with the notion of good faith...
"The grantee parties (the miners) sought to enter into discussions and negotiations with the native title parties. These did not get off the ground because they were met with a demand by the legal representatives of the native title parties that a confidentiality clause be signed. They did not agree to sign such a clause.
"When this became known to the State of Western Australia, they attempted to have further meetings which resulted in a comprehensive negative response from the legal representatives.
"The State then approached the Native Title Tribunal in an attempt to hold a mediation conference between the parties. The legal representatives of the native title parties would not attend such a conference."
Mr Wilson concluded: "In simple terms, the Tribunal does not accept that native title parties can have it both ways. They cannot adopt a position in relation to the negotiation which effectively precludes any further development in the negotiation and then subsequently claim that good faith negotiations have not proceeded..."
Following the decision on the "good faith" submission, the Tribunal would now move to determine the substantive question of whether the grant of the mining lease should go ahead, and if so, under what conditions. |