JOHANNESBURG (miningweekly.com) – The Federal Court of Australia has found that the regrant of mining tenements held by Gold Fields subsidiary St Ives Gold Mining Company, in Western Australia, were not compliant with the correct processes in terms of the Native Title Act of 1993.
Therefore, the regranted tenements were invalid to the extent that the exercise of rights under the tenements was inconsistent with the native title rights of the Ngadju People.
The Ngadju People had, earlier this year, instituted legal proceedings, to which the State of Western Australia and Gold Fields’ subsidiary were respondents, in the Federal Court of Australia, regarding a native title claim over a parcel of land containing a number of mining tenements held by St Ives.
The Ngadju People claimed to hold native titles covering about 250 mining tenements held by St Ives, with 210 of those tenements invalid because the “right to negotiate”, as specified in the Native Title Act, was not upheld.
Gold Fields said it was “surprised and disappointed” by the ruling.
The parties now had to undertake a process of agreeing the terms of a determination, which would give effect to the decision, it added.
Gold Fields emphasised that the court’s decision did not affect the grant of mining tenure to St Ives under the Mining Act, adding that its subsidiary still validly held all of the tenements, which underpinned its mining operations at St Ives.
“[Further], and as these proceedings are not an action against St Ives for failure to take certain steps, the court has no ability to impose any sort of penalty against St Ives,” the company highlighted, adding that operations at the mine would continue as normal, pending the outcome of the determination process.
Gold Fields further said it was likely to appeal the decision to the Full Court of the Federal Court of Australia and, if necessary, to the High Court of Australia.
“Gold Fields will also take all steps necessary to ensure the St Ives operations are unaffected while this matter is resolved through the relevant Court processes,” the company said.