In this matter, the National Native Title Tribunal rejected an objection filed by the Nyamal Aboriginal Corporation that a licence granted by the State of Western Australia (WA) to Haoma Mining NL did not attract an expedited procedure.
Background
The proposed licence was almost ninety-six square kilometres in size, approximately ten kilometres north of Marble Bar, on land subject to the Nyamal determination (see Allen on behalf of the Nyamal People #1 v State of Western Australia [2019] FCA 1570). The Nyamal Aboriginal Corporation holds non-exclusive native title rights and interests over approximately eighty per cent of the licence area in trust for the Nyamal People. WA gave notice under s 29 of the Native Title Act 1993 (Cth) (NTA) of its intention to grant an exploration licence to Haoma Mining under the expedited procedure. The Nyamal Aboriginal Corporation lodged an objection application in response to this, submitting the procedure should not apply as the licence area is within their native title area.
Decision
The Tribunal considered, under s 237 of the NTA, whether the mining exploration would be likely to interfere directly with community or social activities, sites of particular significance or likely to involve major disturbance to land or waters. The Tribunal did not support the Nyamal Aboriginal Corporation’s objection due to lack of any evidence provided. Given this, the objection did not identify the activities or sites that would be interfered with by the licence. Agreeing with WA and Haoma Mining’s submissions, the tribunal found that s 237 of the NTA was not applicable and thereby the licence grant attracted the expedited procedure.