The NT Tribunal certainly fell in love with the Martu in this determination. Even though NT is not supposed to give veto powers over a mining lease the Martu achieved it through the grant of an unilateral right to set the terms for any development.
The determination included:
[156] The Martu Elders affidavit evidence clearly supports the agreed concession that the native title party has made that they are not opposed to mining over parts of the Lake but only wishes mining to proceed on terms acceptable to it.
[158] In my view what was said at Jigalong on this topic does not contradict what is quite apparent from the rest of the evidence, namely that the Martu People would agree to mining on acceptable terms.
This determination by the Tribunal did not require the Martu to abide by this understanding that mining could occur - after the ruling they could give RWD the flick and that is what has occurred.
It just shows how the rules can be twisted by a Tribunal.
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Ann: Lake Disappointment - Update , page-23
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