This decision concerned the grant of mining lease to Image Resources NL within the native title claim area of the Yued People in Western Australia.
Background
In May 2012, the State gave notice of its intention to grant a lease to Image Resources, pursuant to s 29 of the Native Title Act 1993 (Cth) (NTA). The proposed lease was located in the south-west of Western Australia, wholly within the native title area claimed by the Yued People. The State, Image Resources and the Yued People completed negotiations in respect of the lease in November 2020, but a member of the Yued People was unable to sign the agreement due to medical issues. In February 2021, Image lodged a future act determination application under s 35 of the NTA for a determination under s 38 NTA for the least to be granted.
The State and Image Resources provided evidence of the negotiations and the proposed lease. The Yued People relied on joint submission and were represented by the South West Aboriginal Land and Sea Council. The Council was instructed by Yued representatives, with the exception of the same individual, that the lease may be granted. No issues were raised regarding the good faith of the negotiations.
Decision
At the request of the parties, the determination was made on the papers. Limited evidence was provided in regards to s 39 NTA considerations, as each party was satisfied of their concerns being provided for within the negotiated agreement. The Tribunal, referencing case law, noted that if an applicant member is unable to act as a representative, this does not prevent the remaining applicant members from acting. The lease was granted without conditions.