Mortimer J
In this ruling, the Court heard a joinder application under s 84(5) of the Native Title Act 1993 (Cth) (NTA) to join a number of respondent parties to a case relating to compensation arising from a mining tenement. The joined parties were all mining companies. The substance of the case is still to be heard but concerns compensable acts that Tjiwarl Aboriginal Corporation allege arose due to the grant of a mining tenement. As Mortimer J acknowledged, this case is ‘something of a test case for the compensation provisions of the Native Title Act’ that has considerable commercial interest to mining companies. The land in question is located in the Central Desert region of Western Australia.
Submissions
The state sought the joinder on the basis that s 125A of Mining Act 1978 (WA) could be constructed as rendering liable to pay either the holder of the mining tenement at the time a determination is made or the last holder if the tenement was surrendered. The Tjiwarl Aboriginal Corporation submitted that it was unnecessary to join the parties as the large slate of respondents would create logistical challenges. The applicant suggested alternate terms for the joinder that limited the further respondents to participation on issues related to liability to compensate.
Decision
The Court accepted the state’s submissions that the parties should be joined by virtue of s 125A of the Mining Act 1978 (WA). The court also accepted the submission of one prospective respondent that the respondents were best placed to decide what was relevant to their interests, limiting unwieldy involvement in the case. On this basis Mortimer J held that all respondents should be able to participate as they saw fit. The Court ordered that the mining parties be joined as respondents.