Hon CJ Sumner
This future act determination is a decision by the National Native Title Tribunal which prohibits the Western Australian government from granting four mining leases to Weld Range Metals Limited (WRML) in an area over which the Wajarri Yamatji people have made a native title application.
Background
In this case, negotiations between WRML and the Wajarri Yamatji people did not result in any agreement, and so WRML applied to the Tribunal for a determination that the grant of the mining leases could go ahead. The Tribunal’s Deputy President Christopher Sumner determined that the required negotiations in good faith had taken place, and so went on to consider whether the proposed acts should be allowed, and if so on what conditions. The Wajarri Yamatji representative argued that the leases should not be granted, or alternatively that they should be allowed only on certain conditions. WRML and the State government argued that the leases should be allowed without any further conditions, or alternatively they should be allowed on the conditions suggested by the State.
Conclusion
The Tribunal’s decision-making process included an on-country hearing at sites in the Weld Range, and a town-hall hearing where evidence was given by members of the Wajarri Yamatji people, an anthropologist, an archaeologist, and WRML‘s Chief Geologist and Managing Director. The Tribunal found on the evidence that the area to be affected by the proposed leases is connected to a number of important Dreaming stories, is historically an area of intense occupation and ceremony, and contains a number of highly significant sites including quarries, rock holes, grinding stones and caves with rock art. WRML’s and the State’s evidence related mainly to the economic benefits and public interest in the mining projects going ahead. Deputy President Sumner decided that the Weld Range area is of such significance to the Wajarri Yamatji people in accordance with their traditions that mining in that area should only be allowed with their agreement. Accordingly, he determined that the proposed mining leases must not be granted. This decision does not prevent the Wajarri Yamatji people from continuing to negotiate with WRML if they choose, but does allow them the final say over the proposal.