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1 Austl. Indigenous L. Rep. 232 (1996)
Re Ngarinyin Community

handle is hein.journals/austindlr1 and id is 250 raw text is: A U ST RA LIA RE NGARINYIN COMMUNITY National Native Title Tribunal (Kim Wilson, Member) 21 December 1995, Perth Aborigines and Torres Strait Islanders - Native title - Notice of proposed future act - Right to negotiate - Inquiry into whether proposed act attracts the expedited procedure - Native Title Act 1993 (Cth), s. 237 - Whether proposed act would affect Aboriginal sites of significance - Adequacy of Aboriginal Heritage Act 1972 (WA) in protecting sites of signifficance. The Western Australian government proposed to grant five exploration licences to Astro Mining NL. In accordance with s. 29 of the Native Title Act 1993 (0th) ('NTA') notice was given of the intention to issue the licences. The notice included a statement that the act attracted the expedited procedure and was therefore not subject to the right to negotiate under the NTA. The applicants are native title claimants whose claimed land is affected by the proposed licences. The applicants objected to the inclusion in the notice of the statement that the expedited procedure applied on the basis that the proposed act may directly interfere with community life, may interfere with areas and sites of significance and the act may involve a major disturbance to land. Held: (1) The grant of the exploration licence did not attract the expedited procedure. (2) There was a likelihood that the sites of significance would be interfered with by the issuing of the proposed licences. Re Walien People distinguished. Reasons for determination The background The State of Western Australia (the government party) gave notice in accordance with section 29 (4) of the Native Title Act 1993 of its intention to grant exploration licences E4/985, E4/986. E4/987, E4/988 and E4/989 to Astro Mining NL (the grantee party) and in giving that notice the government party included a statement that it considered the acts to be such that attract the expedited procedure. The areas of land that are covered by these exploration licences are within a larger area of land which forms the land subject of a native title claim which was accepted on the 29 July 1995 on behalf of the Ngarinyin people. Following the publication of this notice David Mowaljarlai, Laurie Cowenulli, Paddy Neowarra and Paddy Woma on behalf of themselves, their family groups and the Ngarinyin people lodged an objection with the National Native Title Tribunal to the expedited process. Once this occurred the usual procedures were initiated within the Tribunal for the lodgement of the documentary material and the delineation of the issues in accordance with the previously published directions of the Tribunal in relation to these future act matters. In this matter there was preliminary determination by the Tribunal constituted by the Hon. Chris Sumner in relation to whether or not the failure to notify the government party of the receipt of the objection affected the role of the Tribunal in relation to the exploration licences E4/986-989 which were issued without receipt by the government party of the notification. On 15 September 1995 after a preliminary hearing Mr Sumner ruled that those exploration licences were not validly granted by the State as the objecting party had made its objection and despite the unfortunate circumstances of the notification not been passed to the government party this did not affect the fact the objection had been validly lodged. This matter has proceeded on the basis that the Tribunal considered it appropriate to hear evidence and submissions in relation to all of the exploration licences referred to above. The position of the government party has been that it maintains the validity of the exploration licences which have proceeded notwithstanding the determination by the Tribunal. I have taken 232 Vol I no 2, April 1996

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