Andy Campbell and Others on behalf of the Birriliburu Native Title Claimants; Wilma Freddie and Others on behalf of the Wiluna Native Title Claimants/Western Australia/Montezuma Mining Co. Ltd

[2008] NNTTA 40

NATIONAL NATIVE TITLE TRIBUNAL

Andy Campbell and Others on behalf of the Birriliburu Native Title Claimants; Wilma Freddie and Others on behalf of the Wiluna Native Title Claimants/Western Australia/Montezuma Mining Co. Ltd, [2008] NNTTA 40 (4 April 2008)

Application Nos:       WO07/1496    WO07/1497    WO07/1507

IN THE MATTER of the Native Title Act 1993 (Cth)

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IN THE MATTER of inquiries into expedited procedure objection applications

Andy Campbell and Others on behalf of the Birriliburu Native Title Claimants – WC98/68 (Birriliburu native title party) (WO07/1496, WO07/1497)

- and -

Wilma Freddie and Others on behalf of the Wiluna Native Title Claimants – WC99/24 (Wiluna native title party) (WO07/1507)

- and -

The State of Western Australia (Government party)

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Montezuma Mining Co. Ltd (grantee party)

DECISION TO DISMISS OBJECTION APPLICATIONS

Tribunal:       Hon C J Sumner, Deputy President
Place:             Perth
Date:              4 April 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) ss 29, 32(7), 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS

1. On 26 September 2007, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) (‘the Act’) of its intention to grant exploration licences E69/2366 and E69/2367 to Montezuma Mining Co. Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

2. On 19 December 2007, Andy Campbell and Others on behalf of the Birriliburu Native Title Claimants (‘the Birriliburu native title party’) made expedited procedure objection applications to the Tribunal in relation to E69/2366 (WO07/1496) and E69/2367 (WO07/1497).

3. On 19 December 2007 Wilma Freddie and Others on behalf of the Wiluna Native Title Claimants (‘the Wiluna native title party’) made an expedited procedure objection application to the Tribunal in relation to E69/2366 (WO07/1507).

4. On 3 April 2008 the Government party advised the Tribunal that it has withdrawn the expedited procedure statement included in the s 29 notification of 26 September 2007, in relation to the proposed licences (s 32(7) – Native Title Act).

Conclusion

The Tribunal has no jurisdiction to conduct an inquiry as the Government party no longer considers the acts to be ones which attract the expedited procedure.

Decision

1. The expedited procedure objection applications are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Hon C J Sumner
Deputy President

4 April 2008