Albert Little and Others on behalf of Badimia/Western Australia/ PM Prospecting Pty Ltd

Case •

[2009] NNTTA 10

•

11 February 2009

NATIONAL NATIVE TITLE TRIBUNAL

Albert Little and Others on behalf of Badimia/Western Australia/ PM Prospecting Pty Ltd, [2009] NNTTA 10 (11 February 2009)

Application No:       WO08/412

IN THE MATTER of the Native Title Act1993 (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)

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PM Prospecting Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                  Hon C J Sumner, Deputy President
Place:  Perth
Date:  11 February 2009

Catchwords:  Native title – future act – proposed grant of exploration licence – expedited procedure objection application – excision of tenement from native title claim – tenement granted - 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 30 January 2008, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E20/651 to PM Prospecting Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

  2. On 3 April 2008, Albert Little and Others on behalf of Badimia – Native Title Claim No. WC96/98 – registered from 4 October 1996 (‘the native title party’) made an expedited procedure objection application to the Tribunal.

  3. On 6 February 2009, the Government party advised the Tribunal that exploration licence E20/651 was granted on 27 January 2009 with the exclusion of all land able to be claimed within Native Title Claim WC96/98.

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 WO08/412 is dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
11 February 2009

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