Aborigines further limited in dealing with mining companies

Appeal quashing ‘will hurt indigenous’

WA Today October 15, 2009

A High Court decision to quash an appeal by indigenous people against a company run by mining billionaire Andrew Forrest will limit the rights of indigenous people to negotiate with mining companies, an Aboriginal corporation says.

The Puutu Kunti Kurrama and Pinikura people from the Pilbara region, in Western Australia’s north, had sought special leave to appeal a decision by the full court of the Federal Court made earlier this year in Fortescue’s favour.

But the application was dismissed on Wednesday by the High Court of Australia.

In July 2008, the National Native Title Tribunal found FMG Pilbara Pty Ltd had failed to negotiate in good faith with traditional owners about a mining tenement proposal over 4,320 hectares of land in the west Pilbara.

It found FMG had prematurely sought a determination about a proposed mining lease while the negotiations about the tenement were in their infancy.

In April this year FMG, whose chief executive Mr Forrest is one of Australia’s richest men, successfully appealed the decision in the full court of the Federal Court.

Wednesday’s High Court decision has wide-reaching ramifications for native title claimants, according to the Yamatji Marlpa Aboriginal Corporation, representing the traditional owners.

It said the decision to quash leave to appeal meant indigenous people would be limited in their right to negotiate.

Wednesday’s High Court decision has wide-reaching ramifications for native title claimants, according to the Yamatji Marlpa Aboriginal Corporation, representing the traditional owners.

“The right-to-negotiate section of the (native title) act is instrumental in enabling traditional owners to secure compensation for loss of their country,” Yamatji Marlpa chief executive Simon Hawkins said.

“The High Court’s dismissal of this case now means that mining companies are no longer required to have substantial negotiations with indigenous people regarding the use of their land……….http://www.watoday.com.au/breaking-news-business/appeal-quashing-will-hurt-indigenous-20091015-gyx4.html?page=2

October 16, 2009 - Posted by Christina Macpherson | AUSTRALIA - NATIONAL, legal, uranium | aboriginal, antinuclear, Australia, nuclear, uranium