❓ A WA parliamentary question probes the Attorney General about the State Government's potential involvement in mediating the dispute between the Yindjibarndi Aboriginal Corporation (YAC) and Fortescue Metals Group (FMG) regarding the Solomon Hub mine. The answer indicates the government's reluctance to intervene in commercial matters covered by the Native Title Act.
AnsweredQoN 4504Legislative Council
QuestionView source ↗
With reference to ongoing dispute between the Yindjibarndi Aboriginal Corporation (YAC) and the Fortescue Metals Group (FMG), and public statements by YAC representatives to the effect that YAC seeks to negotiate a fair and reasonable agreement with FMG to allow for the Solomon Hub mine to proceed, I ask -
(1) Is the Attorney General aware of the calls from YAC for the State Government to assist the parties to come to a fair and reasonable agreement by facilitating an independently mediated process?
(2) Has the State Government considered this request?
(3) Will the State Government assist in this way?
(4) Is the State government considering assisting the negotiations in other ways?
(5) If yes to (4), what options is the State Government pursuing?
(6) If the State Government is not considering assisting negotiations in any way, why not?
(1) Is the Attorney General aware of the calls from YAC for the State Government to assist the parties to come to a fair and reasonable agreement by facilitating an independently mediated process?
(2) Has the State Government considered this request?
(3) Will the State Government assist in this way?
(4) Is the State government considering assisting the negotiations in other ways?
(5) If yes to (4), what options is the State Government pursuing?
(6) If the State Government is not considering assisting negotiations in any way, why not?
AnswerView source ↗
Answered
6 September 2011
Responded by
Parliamentary Secretary representing the Attorney General
Response time
21 days
(1) In a YAC media release dated 18 July 2011, YAC called upon the Western Australian Government to appoint a mediator in their dispute with FMG. Until the media release was bought to the Minister's attention, the Minister was unaware of this request.
(2) Yes
(3) Negotiations between mining companies and native title claimants are considered to be confidential commercial matters in which the State Government has no authority to intervene. The parties should avail themselves of their rights as provided under the
Native Title Act 1993
(Cth) (NTA).
It is noted that following a recent Full Federal Court appeal by YAC on the Federal Court's decision to uphold the National Native Title Tribunal's determination that the mining leases could be granted, the parties engaged in mediation with the Registrars of the Court. This ended on 3 March 2011 without any resolution.
It is unclear whether YAC is still requiring mediation at this time.
(4) Not Applicable
(5) Not Applicable
(6) The ability of the State Government to participate in native title negotiations is limited by the NTA. There are mechanisms under the NTA which a party could use if they wished to have the matter mediated.
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(2) Yes
(3) Negotiations between mining companies and native title claimants are considered to be confidential commercial matters in which the State Government has no authority to intervene. The parties should avail themselves of their rights as provided under the
Native Title Act 1993
(Cth) (NTA).
It is noted that following a recent Full Federal Court appeal by YAC on the Federal Court's decision to uphold the National Native Title Tribunal's determination that the mining leases could be granted, the parties engaged in mediation with the Registrars of the Court. This ended on 3 March 2011 without any resolution.
It is unclear whether YAC is still requiring mediation at this time.
(4) Not Applicable
(5) Not Applicable
(6) The ability of the State Government to participate in native title negotiations is limited by the NTA. There are mechanisms under the NTA which a party could use if they wished to have the matter mediated.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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