Albert Little and Others on behalf of Badimia/Western Australia/Anglo Australian Resources Nl

Case •

[2006] NNTTA 53

•

11 May 2006

NATIONAL NATIVE TITLE TRIBUNAL

Albert Little and Others on behalf of Badimia/Western Australia/Anglo Australian Resources NL, [2006] NNTTA 53 (11 May 2006)

Application No:        WO03/236

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

Albert Little and Others on behalf of Badimia – (WC96/98) (native title party)

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The State of Western Australia (Government party)

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Anglo Australian Resources NL (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:       The Hon C J Sumner, Deputy President
Place:             Perth
Date:              11 May 2006

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

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

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

  1. On 26 February 2003, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E59/1107 to Anglo Australian Resources NL (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

  2. On 28 February 2003, Albert Little and Others on behalf of Badimia (‘the native title party’) made an expedited procedure objection application to the Tribunal.

  3. The Government party has advised the Tribunal that exploration licence E59/1107 was granted on 27 March 2006 with the exclusion of all land able to be claimed within Native Title Claim WC96/98.

  4. 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).

The Hon C J Sumner
Deputy President
11 May 2006

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