Adam Standard & Others on behalf of Ngarlawangga People/Western Australia/Montrose Resources Ltd

Case •

[2008] NNTTA 64

•

13 May 2008

NATIONAL NATIVE TITLE TRIBUNAL

Adam Standard & Others on behalf of Ngarlawangga People/Western Australia/Montrose Resources Ltd, [2008] NNTTA 64 (13 May 2008)

Application No:        WO07/1467

IN THE MATTER of the Native Title Act 1993 (Cth)

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IN THE MATTER of an inquiry into an expedited procedure objection application

Adam Standard & Others on behalf of Ngarlawangga People (WC05/3) (native title party)

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The State of Western Australia (Government party)

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Montrose Resources Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                  Graeme Neate, President
Place:  Adelaide
Date:  13 May 2008

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection application – excision of tenement from native title claim – Tribunal has no jurisdiction – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s 148(a)

Cases:David Daniel & Ors/Western Australia/Raymond J T Butler and Stanley A MacDonald, NNTT WO99/197, [2000] NNTTA 294 (11 August 2000), Hon C J Sumner

Gregory and Kelvin Garlett/Western Australia/Sipa Exploration NL, NNTT WO97/220, [1997] NNTTA 167 (27 October 1997), Hon C J Sumner

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

  1. On 29 August 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E52/2073 to Montrose Resources Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

  2. On 10 December 2007, Adam Standard & Others on behalf of Ngarlawangga People (WC05/3 – registered from 9 June 2005) (‘the native title party’) made an expedited procedure objection application to the Tribunal.

  3. On 12 May 2008, the  Government party advised the Tribunal that exploration licence E52/2073 was granted on 29 April 2008 with the exclusion of all land able to be claimed within Native Title Claim WC05/3.

Relevant Facts

  1. The Tribunal has decided that it does not have jurisdiction to conduct an inquiry once a grant has been made (David Daniel & Ors/Western Australia/Raymond J T Butler and Stanley A MacDonald, NNTT WO99/197, [2000] NNTTA 294 (11 August 2000), Hon C J Sumner). Further, in this case the grant was not a future act as native title was not affected (Gregory and Kelvin Garlett/Western Australia/Sipa Exploration NL, NNTT WO97/220, [1997] NNTTA 167 (27 October 1997), Hon C J Sumner).

Decision

  1. The expedited procedure objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Graeme Neate
President
13 May 2008

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