KLC NEWSROOM
Update on Native Title Tribunal Proceedings: Kimberley Granite and the Malarngowem native title holders
Garnkiny Ngarranggarni Moon Dreaming by Malarngowem native title holder and nationally renowned artist, Mabel Juli. Image credit: RMIT Gallery.
What are the proceedings in the National Native Title Tribunal? On 4 June 2020, the National Native Title Tribunal (NNTT) received a *Future Act Determination Application from Kimberley Granite Holdings. Kimberley Granite Holdings is seeking approval of a mining lease application from the State of Western Australia and for it to be granted to them without the need for an agreement with the Malarngowem native title holders. Therefore, their application for a mining lease needs to be considered by the NNTT.
Ultimately, the NNTT may make one of three decisions:
1. the mining lease may be granted;
2. the mining lease must not be granted;
3. the licence may be granted subject to conditions such as not having to make an agreement with the native title holders.
In making their decision the NNTT will first consider whether Kimberley Granite and the Malarngowem native title holders negotiated in good faith towards an agreement and then consider the possible impacts and effects of the mining lease, including the impact on the Malarngowem native title holders. A decision is not expected before November 2020.
What is the KLC doing? The KLC is the legal representative of the Malarngowem native title holders in the NNTT inquiry. The KLC is also working closely with the native title holders to enforce and protect their native title rights and interests via other legal avenues. Updates will be provided as and when the KLC is able to share the information.
Who is authorised to represent the Malarngowem people title holders in this matter? The Malarngowem Native Title Holders collectively authorised and appointed an “Applicant” to represent them in their native title proceedings. This consists of the following Malarngowem Native Title Holders: Pearl Gordon, Paddy McGinty, Bernard Stretch, Shirley Purdie, Name withheld for cultural reasons, Mabel Peters, Gordon Barney, Mary Thomas, Queenie Malgil.
If you have any questions about this please contact the KLC on (08) 9194 0100.
*Future Act’ is a term used in the Native Title Act to describe a proposal to deal with land in a way that affects native title rights and interests. This can include the granting of a mining lease. The Future Act or Act being considered by the Tribunal in this inquiry is the grant of mining lease M80/644.