Andy Campbell and Others on behalf of the Birriliburu Native Title Claimants/Western Australia/Rio Tinto Exploration Pty Ltd

[2008] NNTTA 150

NATIONAL NATIVE TITLE TRIBUNAL

Andy Campbell and Others on behalf of the Birriliburu Native Title Claimants/Western Australia/Rio Tinto Exploration Pty Ltd, [2008] NNTTA 150 (10 November 2008)

Application No:              WO07/327

IN THE MATTER of the Native Title Act1993 (Cth)

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IN THE MATTER of an inquiry into an expedited procedure objection application

Andy Campbell and Others on behalf of the Birriliburu Native Title Claimants – (WC98/68) (native title party)

- and -

The State of Western Australia (Government party)

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Rio Tinto Exploration Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:  Hon C J Sumner, Deputy President
Place:  Perth
Date:  10 November 2008

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

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

Representative of the

native title party:            Ms Michelle Alexander, Central Desert Native Title Services

Representative of the

Government party:         Mr Greg Abbott, Department of Industry and Resources

Representatives of the

grantee party:                 Mr David Palmer and Mr Jon Healy, Rio Tinto Exploration Pty  Ltd

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

Background

1. On 17 January 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licence E69/2254 (‘the proposed licence’) to Rio Tinto Exploration Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 17 May 2007, Andy Campbell and Others on behalf of the Birriliburu Native Title Claimants (‘the native title party’) made an expedited procedure objection application to the Tribunal.

3. On 3 November 2008 the Government party advised the Tribunal that it had withdrawn the expedited procedure statement included in the s 29 notification of 17 January 2007 in relation to the proposed licence (s 32(7) - Native Title Act).

Conclusion

1. The Tribunal has no jurisdiction to conduct an inquiry as the Government party no longer considers the act to be one that attracts the expedited procedure.

Decision

1. The expedited procedure objection application WO07/327 is dismissed pursuant to s 148(a) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President
10 November 2008