NATIVE TITLE NGAANYATJAARA

Photo Credit: ResearchGate

Geoff Vivian

In the Ngaanyatjarra lands, a prospector has failed in his bid to take samples from an exploration claim that has a dreaming track running across it.

Alexander Macintyre Butchart applied for an exploration licence approximately three square kilometres in size and about 124 kilometres north-east of Warburton.

The Native Title holders contested the application in the Native Title Tribunal.

Traditional Owner Alwyn Bates and Ngaanyatjarra Council anthropologist Frances Bryony Nicholson gave evidence of a dreaming track and a “big story” that ran through the area.

Tribunal Member Helen Shurven she said while the pathway of the dreaming track was not specifically outlined, she was satisfied on the evidence provided that it did travel through the proposed licence.

She said based on a “common sense view” there was unlikely to be interference with social and community activities of the native title party, or major disturbance with the relevant lands or waters.

Mr Butchart said none of his proposed activities involved any disturbance beyond sampling and planning of drill hole collar locations.

He said any actual drilling would occur only after a Heritage survey had been completed and a Program of Works approved. 

However Ms Shurven accepted evidence from Mr Bates and Ms Nicholson that merely entering onto the area of the site of significance would cause interference … given the sensitivity of the area.