Al (name withheld) and Ors on behalf of Badimia

[2015] NNTTA 23

NATIONAL NATIVE TITLE TRIBUNAL

AL (name withheld) and Ors on behalf of Badimia [2015] NNTTA 23 (15 June 2015)

Application No:        see attached schedule

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

- and -

IN THE MATTER of an inquiry into expedited procedure objection applications

AL (name withheld) and Ors on behalf of Badimia  (native title party)

- and -

State of Western Australia  (Government party)

- and –

Grantee parties as listed in the attached schedule  (grantee parties)

DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

Tribunal:                  Helen Shurven
Place:  Perth
Date:  15 June 2015

Catchwords:  Native title – future acts – proposed grant of exploration and prospecting licences – expedited procedure objection applications – native title claim determined – native title does not exist – expedited procedure objection applications dismissed.

Legislation:Native Title Act 1993 (Cth), ss 29, s 148(a)

REASONS FOR DECISION TO DISMISS EXPEDITED PROCEDURE OBJECTION APPLICATIONS

[1]The Government of Western Australia gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant various exploration and prospecting licences to a number of grantee parties, as listed in the attached Schedule to this decision. The Government had included in each notice a statement that it considered the grant could be done using an expedited procedure – that is, that the grantee parties did not need to negotiate with any native title party whose claim overlapped the licences.

[2]On the dates specified in the attached Schedule, the Badimia native title claim group, whose claim overlapped each of the licences to some extent, lodged applications with the National Native Title Tribunal which objected to the use of the expedited procedure.

[3]On 25 May 2015, the Federal Court of Australia made a determination on the Badimia native title claim (WAD6123/1998).  The Court determined that native title does not exist in relation to any part of the land and waters within the external boundary of the claim area.  As the Badimia claim group is no longer a registered native title claimant, the Tribunal is no longer entitled to deal with the objection applications.

Decision

[4]The expedited procedure objection applications specified in the attached Schedule are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Helen Shurven
Member

SCHEDULE – DISMISSED

Tribunal Objection Application Number	Date Tenement Notified	Date Obj Lodged	Tenement	Grantee Party
WO2014/0733	21/05/2014	29/08/2014	E59/2043	Accent Resources NL
WO2014/0734	21/05/2014	29/08/2014	E59/2044	Accent Resources NL
WO2014/0852	02/07/2014	2/11/2014	E59/2051	Pelm Resources Pty Ltd
WO2014/0878	30/07/2014	18/11/2014	E59/2055	Attgold Pty Ltd
WO2014/0891	13/08/2014	18/11/2014	P58/1654	Independence Newsearch Pty Ltd
WO2014/0892	13/08/2014	18/11/2014	P58/1655	Independence Newsearch Pty Ltd
WO2015/0080	22/10/2014	23/01/2015	E59/2080	Aphex Minerals Pty Ltd
WO2015/0081	22/10/2014	23/01/2015	E59/2079	Top Iron Pty Ltd
WO2015/0230	19/11/2014	17/03/2015	E58/469	Montezuma Mining Co. Ltd
WO2015/0235	19/11/2014	17/03/2015	P59/2056	Minjar Gold Pty Ltd
WO2015/0236	19/11/2014	17/03/2015	P59/2057	Minjar Gold Pty Ltd
WO2015/0237	19/11/2014	17/03/2015	P59/2058	Minjar Gold Pty Ltd
WO2015/0274	25/02/2015	25/03/2015	E21/186	Goldview Metals Ltd