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

[2008] NNTTA 149

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 149 (10 November 2008)

Application Nos:             WO07/923, WO07/924

IN THE MATTER of the Native Title Act1993 (Cth)

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IN THE MATTER of an inquiry into expedited procedure objection applications

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

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The State of Western Australia (Government party)

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Rio Tinto Exploration Pty Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

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

Catchwords:  Native title – future acts – proposed grant of exploration licences - expedited procedure objection applications – withdrawal of expedited procedure statement – Tribunal has no jurisdiction – objection applications 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 APPLICATIONS

Background

1. On 9 May 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to grant exploration licences E69/2286 and E69/2287 (‘the proposed licences’) 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 7 September 2007, Andy Campbell & Others on behalf of the Birriliburu Native Title Claimants (‘the native title party’) made expedited procedure objection applications to the Tribunal in relation to E69/2286 (WO07/923) and E69/2287 (WO07/924).

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 On 3 November 2008 the Government party advised the Tribunal that it had withdrawn the expedited procedure statement included in the s 29 notification of 9 May 2007 in relation to the proposed licences (s 32(7) - Native Title Act).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 acts to be ones that attract the expedited procedure.

Decision

1. The expedited procedure objection applications WO07/923 and WO07/924 are dismissed pursuant to s 148(a) of the Native Title Act1993 (Cth).

Hon C J Sumner
Deputy President
10 November 2008