Allan Jones & Ors on behalf of Ballardong/Western Australia/Mindax Energy Pty Ltd

Case •

[2010] NNTTA 62

•

5 May 2010

NATIONAL NATIVE TITLE TRIBUNAL

Allan Jones & Ors on behalf of Ballardong/Western Australia/Mindax Energy Pty Ltd, [2010] NNTTA 62 (5 May 2010

Application Nos:             WO10/282, WO10/474, WO10/475

IN THE MATTER of the Native Title Act1993 (Cth)

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IN THE MATTER of an inquiry into expedited procedure objection applications

Allan Jones & Ors on behalf of Ballardong (WC00/7) (native title party)

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The State of Western Australia (Government party)

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Mindax Energy Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  5 May 2010

Catchwords:  Native title – future acts – proposed grant of exploration licences – expedited procedure objection applications – excision of tenements from native title claim – tenements granted – Tribunal has no jurisdiction – objection applications dismissed

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

Representative of the     Mr Simon Blackshield,

native title party:            South West Aboriginal Land & Sea Council

Representatives of the    Mr Greg Abbott, Department of Mines and Petroleum

Government party:         Mr Clyde Lannan, Department of Mines and Petroleum

Representative of the     

grantee party:                 Mr George Lee, Advanced Tenement Services

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

Background

  1. On 4 November 2009 the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E70/3641 and on 2 December2009 of its intention to grant exploration licences E70/3616 and E70/3617 to Mindax Energy Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grants attracted the expedited procedure.

  2. On 2 March 2010 and 30 March 2010, Allan Jones & Ors on behalf of Ballardong (WC00/7 – registered from 3 July 2008) made expedited procedure objection applications to the Tribunal in relation to E70/3641 (WO10/282), E70/3617 (WO10/474) and E70/3616 (WO10/475).

  3. On 29 April 2010 the Government party advised the Tribunal that exploration licence E70/3641 was granted on 20 April 2010 and  on  30 April 2010 that exploration licences E70/3616 and E70/3617 were granted on 28 April 2010, and in each case with the exclusion of all land able to be claimed within Native Title Claim WC00/7.

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 each 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. Expedited procedure objection applications WO10/282, WO10/474 and WO10/475 are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President
5 May 2010

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