Gilmore J
In this matter the Court considered an interlocutory application by Oil Basins Limited (OBL) to be joined as a party to the Nyikina Mangala People's native title proceedings.
OBL’s interest, together with Backreef Oil Pty Ltd, is for a petroleum exploration permit 5/07- 8EP under the Petroleum and Geothermal Energy Resources Act 1967 (WA), which affects land and waters within the Nyikina Mangala claim area. The two companies had jointly engaged in negotiations with the applicant from early 2008 until May 2012, including a mediation from May 2011 to May 2012, without result.
The native title claim had been set down for trial and was due to commence within 5 months. The application was opposed by the Nyikina Mangala people on the basis that OBL has engaged in substantial delay in bringing its application.
Reasoning
The Court considered the requirements under s 84(5) Native Title Act 1993 (Cth) (NTA) and noted that the Court may at any time join any person as a party to the proceedings, if satisfied that the person’s interests may be affected by a determination in the proceedings and it is in the interests of justice to do so.
The Court noted that a National Native Title Tribunal determination had recently been handed down authorising the grant of the petroleum exploration permit (See Related Content) and this fact made out the relevant interest.
The Court was not satisfied that the applicant had demonstrated any substantial prejudice and ordered that OBL be joined to the proceedings. The Court also noted that if there will be a significant impact on the proceeding the Court could consider an application to OBL as a party.
Orders
Service of Oil Basins Limited's application and supporting documents on any person other than the State of Western Australia and the applicants be dispensed with.
Oil Basins Limited be joined as a respondent in the proceeding.