Native Title Based Objections Under the Mining Act

摘要

Warden Calder has handed down his substantive decision on native title objections made under the Mining Act 1978 (WA) ("Mining Act"). Registered native title claimants had objected to applications for the grant of 10 miscellaneous licences.2 Warden Calder had held, in his decision on the preliminary issues, that s 24MD(6A) of the Native Title Act 1993 (Cth) ('NTA') means that registered native title claimants should be afforded all of the 'procedural rights' which an owner of private land (such as freehold title) would have, under the Mining Act, relating to the grant of a miscellaneous licence. He found that those procedural rights included rights in relation to the grant of an entry permit for the purpose of marking out land prior to applying for a miscellaneous licence. In his substantive decision, the Warden applied his preliminary findings to the facts, with some interesting consequences.