Dowsett J
In this case Dowsett J considered an application made by Element 25 Limited (the proposed grantee) on 11 April 2019 to the Western Australian Department of Mines, Industry Regulation and Safety. The application was for the grant of an exploration license under the Mining Act 1978 (WA). The application was made over land held by the Marputu Aboriginal Corporation RNTBC on trust for the Ginigirana People. On 2 August 2019 the State gave notice to the Marputu Aboriginal Corporation RNTBC of its intention to grant the proposed tenement to the proposed grantee, pursuant to s 29(1) of the Native Title Act 1993 (Cth) (‘NTA’). The proposed grant is a ‘future act’ under s 25 of the NTA. On 9 December 2019 the native title party lodged with the Tribunal an objection against the inclusion of the statement in the notice.
Decision
Dowsett J considered the area where the statement of notice (issued under s 29(7)) applied and the effect the exploration would have on significant sites in and around that area. These significant sites were mostly related to Ilgarari Creek, its bed, banks and waters. His Honour considered Lake Disappointment and Yanneri Lake as significant sites but given that the physical links were between unidentified creeks and waterholes over a considerable distance from the proposed tenement he concluded that there was no basis for inferring interference as a result of actions within the proposed tenement.
However, with regard to the significant sites in the proposed tenement area, His Honour concluded that ‘it is not unlikely that there will be interference with areas or sites within the proposed tenement, which areas or sites are of particular significance in accordance with the native title holders’ traditions, particularly with regards to Ilgarari Creek and associated pools and ‘sit down’ places within that tenement. As a result, His Honour held that the expedited procedure did not apply to the proposed grant.