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Native Title Claimants Fail to Exclude Resource Company’s Right to Explore

Yurriyangem Taam v Baibao Resources Pty Ltd and Another [2015] NNTTA 47 (14 October 2015)

The Native Title Tribunal has held Baibao Resources can proceed to explore on an expedited licence without negotiating with the Yurriyangem Taam native title claimants who hold title over the area. The claimants proposed the exploration supported by the licence would interfere with their sense of community and sites of cultural significance however the NNTTA found there was insufficient evidence provided to support this claim. Section 237 of the Native Title Act 1993 (Cth) allows for acts considered to be ‘expedited’ to bypass normal routes of negotiation with native titleholders.

 

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