Barker J
In this matter the Court considered an application by BHP Billiton Minerals Pty Ltd (BHP) to be joined as a respondent party to the Wunna Nyiyaparli People’s native title determination proceeding.
The respondents were the State of Western Australia, Enipend Pty Ltd, Central Pilbara South Iron Ore Pty Ltd, Hancock Prospecting Pty Ltd, Roy Hill Iron Ore Pty Ltd, Roy Hill Iron Infrastructure Pty Ltd, Roy Hill Station Pty Ltd, The Pilbara Infrastructure Pty Ltd, Chichester Metals Pty Ltd, Fortescue Metals Group Ltd, Billy Cadigan, Grodon Yuline, Raymond Dradge, David Stock, Victor Parker, Yamatji Marlpa Aboriginal Corporation and Telstra Corporation Pty Ltd.
Background
After receiving notice of the Wunna Nyiyaparli People’s application BHP lodged a notice of intention to become a party to the application under s 84 of the Native Title Act 1993 (Cth)(NTA) on the basis that it has lodged 5 exploration licences under the Mining Act 1978 (WA).
The Court outlined the legal principles for determining such applications and considered evidence about BHP’s operations in the region and its plans for expansion – this evidence included activities of other companies in the BHP corporate group. The Court also noted that the Wunna Nyiyaparli claimants had lodged expedited procedure objections for two of the tenement applications.
The Court concluded that the interest of BHP is sufficiently established by 4 of the 5 exploration licence applications, having regard to:
the mining and exploration activities carried on or proposed by BHP and/or related companies in the general area of the Pilbara in which the land the subject of the Wunna Nyiyaparli People’s application is located; and
on the basis each exploration licence application is well advanced and is not properly to be regarded as speculative.
Orders
BHP Billiton Minerals Pty Ltd be joined as a party to this proceeding WAD 22 of 2012.
No order as to costs.