Native Title Claimants Succeed in Excluding Resource Company’s Right to Explore without Negotiation

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Native Title Claimants Succeed in Excluding Resource Company’s Right to Explore without Negotiation

Isaac Hale and Others on behalf of Bunuba #2 v Mings Mining Resources Pty Ltd and Another [2015] NNTTA 49 (23 October 2015)

The Native Title Tribunal has held the grant of an exploratory licence premature to negotiations with local native title holders would likely interfere with sites of cultural significance. 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. However the NNTTA agreed with the assertion by the applicant, that the licence would negatively impact areas of cultural significance and such interference cannot attract expedited procedure for exploration licences. The outcome necessitates negotiation between proposed licence holder and native title holder.

 

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