Albert Little and Others on Behalf of Badimia (WC96/98)/Western Australia/Bruce Robert Legendre, Wedgetail Resources Pty Ltd, Voermans Geological Services Pty Ltd
[2000] NNTTA 331
•6 October 2000
| NATIONAL NATIVE TITLE TRIBUNAL |
Albert Little and Others on behalf of Badimia (WC96/98)/Western Australia/Bruce Robert Legendre, Wedgetail Resources Pty Ltd, Voermans Geological Services Pty Ltd, [2000] NNTTA 331 (6 October 2000)
| Application No: WO99/361 |
| IN THE MATTER of the Native Title Act 1993 (Cth) |
| - and - |
| IN THE MATTER of an inquiry into an expedited procedure objection application |
| Albert Little and Others on behalf of Badimia (WC96/98) (native title party) |
| - and - |
| The State of Western Australia (Government party) |
| - and - |
| Bruce Robert Legendre, Wedgetail Resources Pty Ltd, Voermans Geological Services Pty Ltd (grantee party) |
| DECISION TO DISMISS OBJECTION APPLICATION |
Tribunal: The Hon C. J. Sumner
Place: Perth
Date: 6 October 2000
Catchwords: Native title – future act –proposed grant of an exploration licence – expedited procedure objection application – Government party satisfied that there is no future act because native title is extinguished – Government party makes the grant – Tribunal has no jurisdiction – objection application dismissed.
Legislation:Native Title Act 1993 (Cth) s 148(a)
Cases:David Daniel & Ors (Ngarluma and Yindjibarndi people)/Western Australia/Raymond Butler and Stanley McDonald, NNTT WO99/197, Hon CJ Sumner, 11 August 2000
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION
Background
On 11 August 1999, the Government party gave notice of its intention to grant exploration licence 59/908 to Bruce Robert Legendre, Wedgetail Resources Pty Ltd, Voermans Geological Services Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure. On 1 November 1999, Albert Little and Others on behalf of Badimia WC96/8 (‘the native title party’) made an expedited procedure objection application to the Tribunal.
On 25 May 2000 the grantee party contended that native title on the tenement had been extinguished in accordance with the findings of the Full Federal Court in Western Australia v Ward [2000] FCA 191; (2000) 170 ALR 159. Subsequent to this submission the Crown Solicitor's Office advised the Tribunal on 28 August 2000 that the Department of Minerals and Energy on behalf of the Government party had granted exploration licence 59/908. The decision to grant was made on the basis that, in the Government party’s view, there was no future act because native title had been extinguished over the area of the exploration licence.
The question of whether the Tribunal has jurisdiction to conduct an inquiry where the Government party has granted a mining tenement in these circumstances was determined in David Daniel & Ors (Ngarluma and Yindjibarndi people)/Western Australia/Raymond Butler and Stanley MacDonald, NNTT WO99/197, Hon CJ Sumner, 11 August 2000. In that matter I decided that the Tribunal has no jurisdiction to conduct a right to negotiate inquiry after the Government party has granted the tenement and that an application should be dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth) if the tenement is granted.
Decision
The Government party has granted exploration licence 59/908 and accordingly the objection application is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth) (as amended).
Hon C. J. Sumner
Deputy President
6 October 2000
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